Key Takeaways
- An Australian citizen, Australian permanent resident or eligible New Zealand citizen can sponsor partner from Slovakia, including a same-sex partner, through the Subclass 309 and Subclass 100 visa, the Subclass 820 and Subclass 801 visa or the Subclass 300 Prospective Marriage visa, if the sponsor is eligible and the relationship is genuine and continuing.
- Slovakia's Constitution, as amended with effect from 1 September 2014, describes marriage as a unique union between a man and a woman, so a same-sex couple cannot marry in Slovakia, but Australian migration law treats same-sex and opposite-sex relationships equally.
- A same-sex couple can rely on a marriage celebrated in Australia, or a marriage that was valid in another country where it took place, or on a de facto relationship under section 5CB of the Migration Act 1958.
- A de facto couple generally needs 12 months of de facto relationship before applying, but registering the relationship under a prescribed law in New South Wales, Victoria, Queensland, South Australia, Tasmania or the Australian Capital Territory removes that requirement under regulation 2.03A(5).
- Department policy tells decision makers to take into account how far the laws or traditions of the applicant's home country may discourage a couple from openly acknowledging the relationship, which matters where the Slovak family has not been told.
- The government charge starts from AUD 11,710, and a refused applicant generally has 28 days to apply to the Administrative Review Tribunal, where the application fee is AUD 3,727.
Australians in a same-sex relationship can sponsor partner from Slovakia on exactly the same legal footing as any other couple, provided the sponsor is eligible and the relationship is genuine and continuing. An Australian citizen, Australian permanent resident or eligible New Zealand citizen who wants to sponsor partner from Slovakia can use the offshore Subclass 309 and Subclass 100 partner visa, the onshore Subclass 820 and Subclass 801 partner visa if the partner is lawfully in Australia and able to apply there, or the Subclass 300 Prospective Marriage visa if the couple plan to marry in Australia.
This guide is written for one group of couples in particular: same-sex couples where the partner's home country does not allow them to marry. Slovak law does not provide for marriage between two people of the same sex. That does not stop the couple obtaining an Australian partner visa. It does change how they prove the relationship. The couple must choose between marrying in Australia, marrying in another country where it is lawful, or applying as de facto partners, and they may need to register the relationship in an Australian State or Territory to meet the 12-month rule. Many couples also face a practical difficulty: the Slovak partner's family may not know about the relationship. Each of these issues is explained below. The firm's page on the LGBTI partner visa sets out how My Migration Lawyers acts for same-sex couples, and the complete guide to Australian partner visas explains the general law.
Can a same-sex couple sponsor partner from Slovakia?
Yes. A same-sex couple can sponsor partner from Slovakia, because Australian migration law gives same-sex relationships the same recognition as opposite-sex relationships for every partner visa, whether the couple are married, de facto partners or engaged.
The Same-sex Relationships (Equal Treatment in Commonwealth Laws, General Law Reform) Act 2008 amended the Migration Act 1958 so that the definition of a de facto partner covers same-sex and opposite-sex couples alike. Since 9 December 2017, the Marriage Act 1961 has also allowed two people to marry regardless of sex. A same-sex couple can therefore apply as spouses, as de facto partners or, if engaged, for the Prospective Marriage visa. The answers on whether a same-sex marriage is recognised for a spouse visa and on whether same-sex couples can get a de facto visa confirm the position.
What Australian law does not do is ignore the legal reality in Slovakia. The couple's evidence will be read against the background that they could not marry in Slovakia and may not have been able to live openly there. Department policy recognises that background, as explained later in this guide.
Who can sponsor partner from Slovakia?
To sponsor partner from Slovakia, the sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, aged 18 or over, who is the applicant's spouse, de facto partner or fiancé and who is not barred by the sponsorship limitations.
The sponsor's documents differ by status. The guides for an Australian citizen sponsor, a permanent resident sponsor and a New Zealand citizen sponsor set them out, and the guide on partner visa sponsor eligibility brings them together. The sex of the sponsor or the applicant is irrelevant to every one of these rules, so a same-sex sponsor can sponsor partner from Slovakia on the same terms as anyone else.
What the sponsor does
The applicant lodges the visa application first. The sponsor then lodges an online sponsorship application using the applicant's transaction reference number. Approval of the sponsorship is a time of decision criterion for the Subclass 309, Subclass 820 and Subclass 300 visas, decided as part of the visa decision, with no separate notice to the sponsor. By sponsoring, the sponsor undertakes to provide accommodation and financial assistance, as reasonably necessary, for the first two years. The guides on being a partner visa sponsor and on partner visa sponsor obligations explain the role.
Sponsorship limitations and police checks
Every sponsor who wants to sponsor partner from Slovakia is subject to regulation 1.20J and regulation 1.20KC. Under regulation 1.20J, a sponsor generally cannot sponsor more than two partners in a lifetime, or a new partner within five years of the last sponsorship, unless there are compelling circumstances. A sponsor who was granted a partner visa as a sponsored partner within the last five years is also limited. Under regulation 1.20KC, the Department may request the sponsor's police checks, and a sponsor convicted of a relevant offence with a significant criminal record may be refused unless it is reasonable to approve the sponsorship. The firm's page on partner visa sponsorship limitations and the guide on the partner visa sponsor police check explain these rules.
A sponsor who previously sponsored an opposite-sex spouse, and now wants to sponsor partner from Slovakia in a same-sex relationship, is subject to the same limits. The earlier sponsorship counts. The answer on sponsoring more than one partner explains how the count works.
Which visa should you use to sponsor partner from Slovakia?
The visa depends on where the Slovak partner is when the application is made and whether the couple are married, engaged or de facto. When couples sponsor partner from Slovakia while the partner lives in Slovakia or elsewhere in Europe, the usual pathway is the Subclass 309 and Subclass 100 visa; when the partner is lawfully in Australia and able to apply onshore, it may be the Subclass 820 and Subclass 801 visa; and when the couple are engaged and plan to marry in Australia, it is the Subclass 300 visa.
Offshore: Subclass 309 and Subclass 100
The Subclass 309 partner visa is the temporary offshore visa. The applicant must be outside Australia when the application is made. One online application covers the temporary Subclass 309 and the permanent Subclass 100. Married couples and de facto couples can both use it, and many same-sex couples who sponsor partner from Slovakia while living in Europe choose this pathway. The guide to the offshore partner visa explains it.
Onshore: Subclass 820 and Subclass 801
The Subclass 820 partner visa is the temporary onshore visa. The applicant must be in Australia when the application is made. A Slovak partner visiting Australia may be able to apply onshore, but a no further stay condition such as 8503, or the Schedule 3 criteria if the partner has no substantive visa, can prevent it. The guide to the onshore partner visa and the comparison of onshore and offshore partner visas set out the choice.
Engaged: Subclass 300
The Subclass 300 Prospective Marriage visa is available to same-sex couples who intend to marry in Australia. The couple must have met in person since both turned 18, and the applicant must be outside Australia when applying. The applicant travels to Australia, the couple marry within the visa period, and the applicant then applies for the Subclass 820. For a same-sex couple who cannot marry in Slovakia, this is often the most direct path to a marriage, and a common choice for those who sponsor partner from Slovakia as fiancés. The answer on what a Prospective Marriage visa is summarises the visa.
Cost and timing
The government charge for a partner visa starts from AUD 11,710 for the main applicant, for both the onshore and offshore combined applications, as published by the Department and checked on 13 October 2026. As published by the Department on 29 September 2026, 50 per cent of Subclass 309 applications were finalised within 21 months and 90 per cent within 32 months; for the Subclass 820 the figures were 22 and 30 months; and for the Subclass 300 they were 14 and 26 months. The guides to partner visa costs and partner visa processing times explain both.
Why can a same-sex couple not marry in Slovakia?
A same-sex couple cannot marry in Slovakia because Article 41(1) of the Slovak Constitution, as amended by Constitutional Act No. 161/2014 with effect from 1 September 2014, describes marriage as a unique union between a man and a woman.
That constitutional wording means the option most couples take for granted, a wedding in the partner's home town with family present, is not open to a same-sex couple who want to sponsor partner from Slovakia. Slovak law also does not provide a registered partnership that an Australian partner visa could rely on. The couple must therefore build their application on one of three legal foundations:
- A marriage in Australia. Celebrated under the Marriage Act 1961, either before applying or after the applicant arrives on a Subclass 300 visa.
- A marriage in another country. Celebrated in a country whose law allows two people of the same sex to marry, and valid under that country's law.
- A de facto relationship. Proved under section 5CB of the Migration Act 1958, with or without registration in an Australian State or Territory.
Each foundation is lawful, and each allows a couple to sponsor partner from Slovakia. Each has its own evidence and timing. The right choice depends on where the couple live now, how long they have lived together, and how quickly they want to apply. Couples who sponsor partner from Slovakia should make this choice deliberately, before any application is lodged.
Should you marry in Australia to sponsor partner from Slovakia?
Marrying in Australia is often the simplest way to sponsor partner from Slovakia as a married couple, because a marriage celebrated under the Marriage Act 1961 is valid regardless of the sex of the parties and the Slovak partner does not need any document from Slovakia confirming they are free to marry a person of the same sex.
Marrying before applying
If the Slovak partner is already in Australia, the couple can give a Notice of Intended Marriage to an authorised celebrant and marry once the notice period has passed. The notice must generally be given at least one month before the wedding. The answer on the Notice of Intended Marriage explains the form. Once married, the couple can apply as spouses. If the partner is in Australia and able to apply onshore, that may be a Subclass 820 application. If the partner returns to Europe, it may be a Subclass 309 application.
A wedding is not a shortcut to sponsor partner from Slovakia. The Department still assesses whether the couple have a genuine and continuing relationship and a mutual commitment to a shared life to the exclusion of all others under section 5F. A marriage after a short visit, with little shared history, will be examined carefully. The answer on whether a marriage certificate is enough for a spouse visa explains why.
Marrying on a Prospective Marriage visa
For couples who sponsor partner from Slovakia while the partner is still in Europe, the Subclass 300 visa allows the partner to travel to Australia specifically to marry. The couple must show a genuine intention to marry and live together, and must usually marry within the visa period. The answers on the Prospective Marriage visa requirements, on whether a wedding date is needed and on what happens after marrying on a Prospective Marriage visa explain the process.
What a Slovak marriage record will show
A marriage in Australia will not necessarily be recorded in Slovakia. The Slovak partner's Slovak documents may continue to show them as unmarried. That is not a problem for the Australian application, because the Department applies Australian law to an Australian marriage. However, an application to sponsor partner from Slovakia should explain the difference so that a case officer reading a Slovak document that says "single" understands why.
Can you marry in another country and still sponsor partner from Slovakia?
Yes. A same-sex marriage celebrated in another country is recognised in Australia if it was valid under the law of the country where it took place, subject to the exceptions in section 88D of the Marriage Act 1961, so couples can sponsor partner from Slovakia as spouses on the strength of a lawful overseas marriage.
Since the 2017 changes to the Marriage Act 1961, overseas same-sex marriages are recognised in the same way as overseas opposite-sex marriages. The test is whether the marriage was valid where it was celebrated. The exceptions include either party already being married to someone else, the parties being in a prohibited relationship, a party being under age, and a lack of real consent.
Practical points for a marriage abroad
Countries that allow same-sex marriage do not all allow foreign nationals to marry there, and some require documents from each party's home country. A country may ask a foreign national for proof that they are free to marry. A Slovak authority may not issue a document for a same-sex marriage. Couples who want to sponsor partner from Slovakia after marrying in a third country should check that country's rules for foreign nationals before booking anything, and should keep the marriage certificate and any translation. The guides on overseas marriages recognised in Australia and on the partner visa marriage certificate explain what the Department expects.
Overseas partnerships that are not marriages
Some European countries offer registered partnerships rather than marriage. An overseas registered partnership is not a marriage for Australian migration law, and it is not a registration under a law of an Australian State or Territory. It does not remove the 12-month de facto requirement. It is, however, useful evidence when you sponsor partner from Slovakia, because it shows commitment and shows that the relationship was declared to a government. The answer on whether an overseas registered relationship counts for a partner visa explains this.
How do same-sex couples meet the de facto requirements?
A same-sex couple meets the de facto requirements by showing that they have a mutual commitment to a shared life to the exclusion of all others, that the relationship is genuine and continuing, and that they live together or do not live separately and apart on a permanent basis, as required by section 5CB of the Migration Act 1958.
For many couples who sponsor partner from Slovakia, a de facto application is the natural choice. They may not want to marry, may not want to marry quickly, or may have lived together for years in Europe or Australia. The guide to the de facto partner visa in Australia and the answers on the legal definition of a de facto relationship and the de facto visa requirements explain the law.
The 12-month rule
For the Subclass 820 and Subclass 309 visas, regulation 2.03A generally requires a de facto relationship to have existed for at least 12 months immediately before the application is made. The 12 months do not need to be spent in Australia. Time living together in Bratislava, Vienna, Prague or anywhere else counts towards the 12 months when you sponsor partner from Slovakia. The answers on when the 12-month de facto period starts and whether living together overseas counts towards the 12 months explain how the period is measured.
The 12-month rule does not apply where the couple can show compelling and compassionate circumstances, for example a dependent child of the relationship, or where the relationship is registered under a prescribed Australian State or Territory law. Department policy is clear that the genuineness of the relationship is not, by itself, a compelling and compassionate circumstance. The answer on applying before 12 months of de facto relationship and the guide on the Subclass 820 de facto 12-month requirement explain these exceptions.
Time apart
A de facto relationship does not end because the couple spend time apart. Many couples who sponsor partner from Slovakia have lived in different countries for work, study or visa reasons. What matters is that the separation was not permanent and that the commitment continued. The answer on whether time apart breaks the 12-month de facto requirement and the guide on a partner visa without living together explain how this is assessed.
Can registering your relationship help you sponsor partner from Slovakia?
Yes. Registering the relationship under a prescribed law of an Australian State or Territory removes the 12-month de facto requirement under regulation 2.03A(5), which can allow a couple to sponsor partner from Slovakia as de facto partners without waiting until they have 12 months together.
Which registers count
Department policy lists the prescribed laws. They are the Relationships Register Act 2010 (NSW), the Relationships Act 2008 (Vic), the Civil Partnerships Act 2011 (Qld), the Relationships Register Act 2016 (SA), the Relationships Act 2003 (Tas), and in the Australian Capital Territory, a civil partnership under the Domestic Relationships Act 1994 or a civil union registered under the Births, Deaths and Marriages Registration Act 1997. Western Australia and the Northern Territory do not appear on that list. The answers on where you can register a relationship in Australia, on registering in Western Australia and on registering in the Northern Territory explain the position in each place.
Before relying on registration to sponsor partner from Slovakia, check that you are eligible to register. Each register has its own eligibility rules, such as residence in that State or Territory, and some have a waiting period. The State guides explain them: New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory.
Timing the registration
Department policy states that regulation 2.03A(5) does not say when the relationship must be registered. A couple who register after the visa application is made, but before it is decided, are treated as meeting the requirement. However, a receipt showing that registration has been applied for is not enough. The relationship must actually be registered. The answers on registering after lodging a partner visa, on lodging while registration is being processed and on whether there is a waiting period after registering deal with the timing questions couples ask most.
What registration does not do
Registration removes the 12-month requirement. It does not prove the relationship is genuine. Department policy explains that regulation 2.03A only applies once the couple have already been assessed as de facto partners under section 5CB. A couple who register quickly after meeting will still need evidence across the four aspects of their relationship. Couples who sponsor partner from Slovakia should treat registration as one step, not as the application. The answers on whether you have to register a de facto relationship and on registering when one partner lives overseas cover the common situations.
How do you prove a relationship when the family in Slovakia has not been told?
You prove the relationship with evidence from the people who do know, from institutions and from the couple's own records, and you explain in the relationship statements why the Slovak family has not been told, because Department policy directs decision makers to take into account how far the laws or traditions of the applicant's home country may discourage a couple from openly acknowledging the relationship.
The social aspects of a relationship are one of the four aspects the Department assesses. They include whether the couple present themselves to others as a couple, what friends and acquaintances think of the relationship, and whether the couple share social activities. For an opposite-sex couple, statements from both families are routine. For many same-sex couples who sponsor partner from Slovakia, they are not available. A partner may be open with friends in Australia and colleagues in Europe, but not with parents in a small Slovak town.
What the Department policy says
The Department's own policy for both spouse and de facto relationships says that decision makers should take into account to what extent, if any, the laws or traditions of the applicant's home country may discourage the parties from openly admitting the existence of the relationship. That instruction does not lower the standard of proof. It means the absence of family evidence must be read in context, and the couple should explain that context rather than leave a gap.
Evidence that works without the family
The social aspects can be shown in other ways:
- Friends who know. Form 888 statements from Australian citizens or permanent residents who know the couple as a couple, and statements from friends in Slovakia or elsewhere in Europe who know the truth.
- Declarations to institutions. Joint leases, joint bank accounts, insurance or superannuation nominations, and any registration of the relationship, all of which declare the relationship to someone outside the couple.
- Shared social life. Photographs at events with friends, joint invitations, membership of clubs or community groups, and shared travel.
- The sponsor's family. Where the Australian sponsor's family know and accept the relationship, their statements are strong evidence.
- Online presence. Messages and posts can help, but a couple who keep the relationship off public social media for privacy should say so. The answer on using social media as evidence explains how it is weighed.
The answers on applying after keeping a same-sex relationship private for safety and on having little social evidence, and the guides on partner visa social aspects and on a partner visa where the relationship has been kept secret, explain how to approach this.
Explaining the situation in the relationship statements
Each partner gives one relationship statement in their own words. Where the Slovak family has not been told, each statement should say so plainly, explain why, and describe who does know. The two statements must be consistent with each other. If one partner says the parents have never been told and the other describes a family dinner where the relationship was discussed, the case officer will notice. The guides on the relationship statement for a partner visa and on conflicting partner visa statements explain the risk.
Nobody is required to come out to their family to obtain a partner visa. A couple who want to sponsor partner from Slovakia without disclosing the relationship to relatives in Slovakia can do so, provided the evidence from other sources is genuine and sufficient.
The My Migration Lawyers Difference
Affordable Fees
Complex Matter Capability
Instalment Payment Options
Two-Day Cooling-off Period
What documents does a Slovak partner need?
A Slovak partner usually needs a current passport, a birth certificate, evidence of any change of name, evidence that any previous marriage or registered partnership has ended, a Slovak criminal record extract and police certificates from other countries of residence, with English translations of every document that is not in English.
Slovak civil documents and translation
Slovak civil status documents are issued in Slovak and must be translated into English. A translation made in Australia should be prepared by a NAATI-certified translator. A translation made overseas should identify the translator and their qualifications. The guide on partner visa evidence translation and the answer on certified copies for a partner visa explain the standard. The firm's partner visa document checklist gives the general list.
Slovak criminal record extract
The Slovak police certificate is an extract from the Criminal Register (výpis z registra trestov). The Slovak Ministry of Foreign Affairs states that its issue is governed by Act No. 192/2023 Coll. on the Criminal Register, and that a person abroad can apply in person through a Slovak embassy or consulate. A certificate is also needed from every other country where the applicant has lived for 12 months or more in the last 10 years since turning 16. Many Slovak partners have lived in the Czech Republic, Austria, the United Kingdom or elsewhere in Europe, and each of those countries may require its own certificate. The guide on partner visa overseas police certificates and the answer on how long police certificates are valid explain the process.
Health, character and other criteria
The applicant must also meet the health requirement, the character requirement in public interest criterion 4001, public interest criterion 4020 on bogus documents and false information, the debts to the Commonwealth criterion and the Australian values statement. Health examinations and biometrics are completed as the Department requests. The guides on the partner visa medical examination and on partner visa character requirements explain these.
What relationship evidence do you need to sponsor partner from Slovakia?
You need evidence across the four aspects of the relationship, namely the financial aspects, the nature of the household, the social aspects and the nature of the commitment, together with one relationship statement from each partner and Form 888 statements from people who know the couple.
For a married couple the aspects are set out in regulation 1.15A(3), and for a de facto couple in regulation 1.09A(3). They are what the Department assesses. They are not separate statements. The guide on the four aspects of a partner visa relationship explains each.
Same-sex couples who sponsor partner from Slovakia often have strong financial and household evidence if they have lived together, because a shared lease or account does not depend on family approval. Where they have not lived together, the guides on long-distance partner visa relationships and on partner visa travel evidence explain what helps. The guides on Form 888 witness statements and on who can sign Form 888 explain the witness evidence.
What are the steps to sponsor partner from Slovakia?
The steps to sponsor partner from Slovakia are: check the sponsor, decide whether to rely on marriage or a de facto relationship, decide whether to register the relationship, choose the visa, collect and translate the Slovak documents, prepare the relationship evidence, lodge the visa application, lodge the sponsorship and answer every Department request.
- Check the sponsor. Confirm status, age and the limits in regulation 1.20J and regulation 1.20KC.
- Choose the legal basis. Marriage in Australia, marriage valid in another country, or a de facto relationship.
- Consider registration. If the de facto relationship is under 12 months, consider registration under a prescribed State or Territory law.
- Choose the visa. Subclass 309 and Subclass 100, Subclass 820 and Subclass 801, or Subclass 300. The answer on the Subclass 820 versus the Subclass 309 helps.
- Obtain documents. Passport, birth certificate, Slovak criminal record extract and other police certificates, with translations.
- Prepare the evidence. One relationship statement from each partner, Form 888 statements and evidence across the four aspects, with an explanation of who knows about the relationship.
- Lodge the visa application. The applicant lodges online through ImmiAccount and pays the charge.
- Lodge the sponsorship. The sponsor lodges using the applicant's transaction reference number.
- Respond to requests. Provide health examinations, biometrics and further information when asked.
The guides on how to apply for a partner visa and on the two-stage partner visa process explain the mechanics.
What if the Slovak partner is already in Australia?
If the Slovak partner is already in Australia, the couple may be able to apply onshore for the Subclass 820 visa, but only if the partner can make a valid application in Australia and either holds a substantive visa or can meet or be excused from the Schedule 3 criteria.
Condition 8503 is a common problem for couples who sponsor partner from Slovakia after a visit. A partner whose visa has condition 8503 cannot make a valid onshore application unless the condition is waived first. A partner whose visa has expired before applying must usually satisfy Schedule 3 criteria 3001, 3003 and 3004, which can be waived for compelling reasons. Couples who sponsor partner from Slovakia while the partner is visiting should obtain advice before the visa expires. The page on Schedule 3 waivers, the guide on applying for a partner visa while on a tourist visa and the answer on registering a relationship when one partner is on a tourist visa explain the rules.
Why are partner visas for same-sex couples refused?
Partner visas for same-sex couples are refused for the same legal reasons as other partner visas; the most common in this group are a de facto relationship that falls short of 12 months without registration, thin social evidence that is not explained, and a sponsor caught by the sponsorship limitations.
When couples sponsor partner from Slovakia, these risks appear most often:
- The 12-month rule. The couple applied as de facto partners with less than 12 months together and no registration or compelling circumstances.
- Unexplained gaps in social evidence. The Slovak family's absence from the evidence was not explained, and no other social evidence filled the gap.
- Inconsistent statements. The partners' accounts of who knows about the relationship, or of how they met, did not match.
- Marriage validity. A marriage abroad was not shown to be valid where it took place.
- Sponsorship not approved. The sponsor was limited by regulation 1.20J or regulation 1.20KC.
The guides on why partner visas get refused and on a refusal for insufficient evidence, and the answer on a de facto visa refused for the 12-month rule, explain these grounds. The firm's partner visa refusals page explains how refused matters are handled.
Can a refused partner visa be reviewed at the ART?
Yes. A refusal of a Subclass 309, Subclass 820 or Subclass 300 visa can generally be reviewed by the Administrative Review Tribunal, if the application for review is made within 28 days after the applicant is notified of the decision, or 7 working days if the applicant is in immigration detention.
The 28-day limit comes from section 347 of the Migration Act 1958, and the Tribunal cannot extend it. The ART application fee for review of a partner visa refusal is AUD 3,727. For a Subclass 309 refusal, the visa applicant applies in their own name and can do so from outside Australia. For a Subclass 820 refusal, the applicant applies and must be in Australia. The Tribunal decides the case on the evidence before it at the time of its decision. For couples who sponsor partner from Slovakia, that can include a relationship registration completed after the refusal, and fuller social evidence. The guides on the partner visa appeal deadline and the partner visa ART review process, and the answer on new evidence at Tribunal review, explain the process.
What have Tribunal decisions said about registration and the 12-month rule?
Tribunal decisions show that refusals based on the 12-month de facto requirement, relationship registration and social evidence can be sent back to the Department when the full evidence is put before the Tribunal.
In Madrigal Urrea (Migration) [2019] AATA 6385, a Subclass 820 matter, the recorded issues were the de facto relationship, living together as de facto partners for 12 months, a relationship certificate and the age requirement. The Tribunal remitted the matter, which means it sent the matter back to the Department for reconsideration.
In Sixto (Migration) [2024] AATA 814, a Subclass 820 matter, the recorded issues were a genuine and continuing relationship, the financial, household and social aspects of the relationship and the nature of the commitment, and a relationship registered after the visa application was made. The Tribunal remitted the matter to the Department for reconsideration.
In Tang (Migration) [2023] AATA 4625, a Subclass 820 matter, the recorded issues were that the parties see their relationship as a long-term commitment and that the social aspects of the relationship are consistent with a de facto and married relationship. The Tribunal remitted the matter to the Department for reconsideration.
The records of these decisions do not state that any involved a same-sex couple or a Slovak applicant, and none predicts the outcome of another case. They show that registration timing, the 12-month period and social evidence are issues the Tribunal examines on the full evidence, which matters to couples who sponsor partner from Slovakia.
How My Migration Lawyers helps you sponsor partner from Slovakia
My Migration Lawyers acts for same-sex couples and other Australian sponsors in partner visa matters where the couple could not marry in the partner's home country, and the firm is capable of handling a matter to sponsor partner from Slovakia from the first decision about marriage, de facto status or registration through to the visa decision and, if needed, Tribunal review. The firm deals with complex cases and acts in many partner visa matters of this type.
On a matter to sponsor partner from Slovakia, the firm's work usually includes:
- Checking the sponsor. Confirming eligibility and testing regulation 1.20J and regulation 1.20KC, including any earlier opposite-sex sponsorship.
- Choosing the legal basis. Advising whether to rely on a marriage in Australia, a marriage valid in another country, or a de facto relationship, and when each is the safer choice.
- Registration advice. Advising whether registration under a prescribed State or Territory law is available to the couple, and how its timing fits the application.
- Choosing the visa. Advising between the Subclass 309, Subclass 820 and Subclass 300, including any condition 8503 or Schedule 3 issue.
- Slovak documents. Identifying the Slovak and other documents needed, including the criminal record extract and translations.
- Social evidence with discretion. Helping the couple identify evidence from friends, institutions and the sponsor's family, and explain in the couple's own words why the Slovak family has not been told. Each partner's statement is their own evidence, reviewed and corrected by them, and the firm presents it in the form the law requires.
- Answering the Department. Responding to requests and natural justice letters accurately and on time.
- Tribunal review. Preparing and presenting an Administrative Review Tribunal review if a visa is refused.
The firm's partner visa lawyers help Australians sponsor partner from Slovakia and act for sponsors in every Australian State and Territory and for partners overseas. The answers on same-sex partner visa legal help, on legal help for LGBTI couples and on a partner visa based on a registered relationship explain how the firm approaches this work. Matters are supervised by Weiwei Zhang, Principal Lawyer. Consultations are by video for clients across Australia and overseas, so a Slovak partner in Europe can take part.
If you want to sponsor partner from Slovakia and you are deciding between marrying, registering or applying as de facto partners, the right answer depends on your timing and your evidence. Book a Consultation with My Migration Lawyers, or call 1300 040 300.
Frequently Asked Questions
Can I sponsor partner from Slovakia if we are a same-sex couple?
Yes. Australian migration law treats same-sex and opposite-sex relationships equally for every partner visa. An Australian citizen, Australian permanent resident or eligible New Zealand citizen aged 18 or over can sponsor partner from Slovakia as a spouse, de facto partner or fiancé, whatever the sex of either partner. The same criteria apply: an eligible sponsor, a genuine and continuing relationship, and an applicant who meets the health, character and other criteria. The sponsorship limitations in regulation 1.20J apply in the same way.
We cannot marry in Slovakia. Can we still apply for a spouse visa?
Yes, if you marry somewhere the marriage is legally valid. A marriage celebrated in Australia under the Marriage Act 1961 is valid regardless of the sex of the parties. A marriage celebrated in another country that allows same-sex marriage is recognised in Australia if it was valid under that country's law and no exception in section 88D applies. If you do not want to marry, you can apply as de facto partners instead, provided you meet section 5CB and the 12-month rule or an exception.
Is a same-sex marriage from another European country recognised for an Australian partner visa?
Yes, if it was valid under the law of the country where it took place. Since the 2017 changes to the Marriage Act 1961, overseas same-sex marriages are recognised on the same basis as other overseas marriages, subject to the exceptions in section 88D, such as either party already being married. Keep the marriage certificate and an English translation. The Department will still assess whether the relationship is genuine and continuing, so the marriage certificate should be supported by evidence across the four aspects.
Does a registered partnership from another European country count as a marriage?
No. An overseas registered partnership is not a marriage under Australian migration law, and it is not registration under a prescribed Australian State or Territory law, so it does not remove the 12-month de facto requirement. It is still useful evidence. It shows that the couple declared their relationship to a government authority, which supports the social aspects and the nature of the commitment. Couples relying on it should apply as de facto partners and meet the 12-month rule or another exception.
Can we register our relationship in Australia to avoid the 12-month de facto rule?
Yes, if you are eligible to register under a prescribed law. Regulation 2.03A(5) removes the 12-month requirement where the relationship is registered under a prescribed law of New South Wales, Victoria, Queensland, South Australia, Tasmania or the Australian Capital Territory. Western Australia and the Northern Territory are not on the list. Each register has its own eligibility rules, such as residence, and some have a waiting period. Registration removes the 12-month rule but does not prove the relationship is genuine.
Can we register our relationship after lodging the partner visa?
Yes. Department policy states that regulation 2.03A(5) does not specify when the relationship must be registered, so a couple who register after applying but before the decision are treated as meeting the requirement. A receipt showing that registration has been applied for is not enough. The relationship must actually be registered before the decision. Lodging before registration carries risk if registration is delayed or refused, so the timing should be planned carefully with the register's processing time in mind.
How do we prove our relationship if my partner's family in Slovakia does not know?
Use evidence from people and institutions that do know, and explain the situation. Department policy tells decision makers to take into account how far the laws or traditions of the applicant's home country may discourage a couple from openly acknowledging the relationship. Form 888 statements from friends, statements from the sponsor's family, joint leases and accounts, insurance nominations and photographs with friends can all show the social aspects. Each relationship statement should explain, consistently, who knows and why the family has not been told.
Does my Slovak partner have to come out to their family to get a partner visa?
No. Nobody is required to tell their family about the relationship to obtain an Australian partner visa. The Department needs sufficient evidence that the relationship is genuine and continuing, not evidence from any particular person. Couples who sponsor partner from Slovakia without the Slovak family's knowledge should rely on evidence from friends, institutions and the sponsor's family, and should explain the family situation openly in the relationship statements so the Department does not treat the missing family evidence as unexplained.
Which visa should I use to sponsor partner from Slovakia?
It depends on where your partner is and how you will prove the relationship. If your partner is outside Australia, the usual visa is the Subclass 309 and Subclass 100. If your partner is in Australia and can make a valid onshore application, it may be the Subclass 820 and Subclass 801. If you are engaged and want to marry in Australia, the Subclass 300 Prospective Marriage visa is available to same-sex couples. Condition 8503 and Schedule 3 can limit onshore options.
Can my same-sex partner come to Australia on a Prospective Marriage visa?
Yes. The Subclass 300 Prospective Marriage visa is available to same-sex couples. The applicant must be outside Australia when applying, the couple must have met in person since both turned 18, and they must genuinely intend to marry and live together. The couple usually must marry within the visa period, after which the applicant applies for the Subclass 820 partner visa in Australia. For couples who cannot marry in Slovakia, it is a direct route to a marriage recognised in Australia.
How much does it cost to sponsor partner from Slovakia?
The government charge for a partner visa starts from AUD 11,710 for the main applicant, for both the onshore Subclass 820 and Subclass 801 and the offshore Subclass 309 and Subclass 100 combined applications, as checked on 13 October 2026. Further charges apply for dependants. There are also costs for translations of Slovak documents, police certificates, health examinations and any relationship registration. If a refusal is reviewed, the Administrative Review Tribunal application fee is AUD 3,727.
What police certificate does a Slovak partner need?
A Slovak partner generally needs an extract from the Slovak Criminal Register (výpis z registra trestov), translated into English, and a police certificate from every other country where they have lived for 12 months or more in the last 10 years since turning 16. The Slovak Ministry of Foreign Affairs states that a person abroad can apply in person at a Slovak embassy or consulate. Certificates can expire during processing, so they may need to be renewed before the decision.
Does time we lived together in Europe count towards the 12 months?
Yes. The 12-month de facto period does not need to be spent in Australia. Time living together in Slovakia, another European country or anywhere else counts, provided the couple were in a de facto relationship under section 5CB during that time. Evidence such as a joint lease, a shared address on official records, joint bills and photographs of the shared home helps prove it. Time apart does not automatically break the period if the separation was not permanent and the commitment continued.
Can a sponsor who sponsored a previous opposite-sex spouse sponsor partner from Slovakia?
Yes, but the sponsorship limitations still apply. Under regulation 1.20J, a sponsor generally cannot sponsor more than two partners in a lifetime, or a new partner within five years of the last sponsorship, unless there are compelling circumstances. An earlier sponsorship of an opposite-sex spouse counts towards those limits in the same way as any other. A sponsor in this position should obtain advice before lodgement, because the limitation can stop the sponsorship being approved even where the new relationship is genuine.
Can a refused same-sex partner visa be reviewed at the ART?
Yes. A refusal of a Subclass 309, Subclass 820 or Subclass 300 visa can generally be reviewed by the Administrative Review Tribunal within 28 days after the applicant is notified of the decision. The Tribunal cannot extend that time. The application fee is AUD 3,727. For a Subclass 309 refusal, the visa applicant applies in their own name. The Tribunal decides on the evidence at the time of its decision, so a relationship registration or further social evidence can be added on review.
Why use a lawyer to sponsor partner from Slovakia?
A lawyer helps the couple choose the right legal basis before anything is lodged. My Migration Lawyers advises same-sex couples whether to marry in Australia, rely on a marriage abroad, register the relationship or apply as de facto partners, and how that choice fits the visa and its timing. The firm also helps couples present social evidence where the Slovak family has not been told. Consultations are by video for clients across Australia and overseas. Book a consultation or call 1300 040 300.






































