Sponsoring a Partner From the Solomon Islands

If you want to sponsor partner from the Solomon Islands, the answer is yes: an Australian citizen, Australian permanent resident or eligible New Zealand citizen can sponsor a Solomon Islander spouse, de facto partner or fiancé, provided the sponsor is eligible and the relationship is genuine and continuing. To sponsor partner from the Solomon Islands, most couples use one of three pathways: 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 can apply there, or the Subclass 300 Prospective Marriage visa if the couple are engaged.

The legal tests are the same for every country. What makes a Solomon Islands matter different is the way couples marry and the way families take part. Many couples who sponsor partner from the Solomon Islands married in custom, with bride price negotiated and paid between the families, and with no church service and no visit to a registrar. Others married in church. Some did both. The question the Department asks is simple: was there a valid marriage, and can you prove it? This guide answers that question and explains the rest of the process. For the full legal framework, read the complete guide to partner visas in Australia. For the sponsor's own obligations, read the guide to being a partner visa sponsor.

Can you sponsor partner from the Solomon Islands to Australia?

Yes. You can sponsor partner from the Solomon Islands if you are an eligible sponsor, your partner is your spouse, de facto partner or fiancé, and the Department of Home Affairs is satisfied that your relationship is genuine and continuing.

There is no special partner visa for Solomon Islanders, and couples who sponsor partner from the Solomon Islands meet the same criteria as everyone else. A partner from Honiara, Malaita, Western Province or any other part of the country applies under the same Schedule 2 criteria in the Migration Regulations 1994 as an applicant from anywhere else. The relationship must fit one of three legal categories:

• Married. A spouse relationship under section 5F of the Migration Act 1958. The marriage must be valid and recognised in Australia.
• De facto. A de facto relationship under section 5CB of the Migration Act 1958. Usually the couple must have been in that relationship for at least 12 months before the application, unless an exception applies.
• Engaged. The couple intend to marry and apply for the Subclass 300 Prospective Marriage visa.

The category matters more than many couples expect. A couple who married in custom may assume they are "married" for Australian purposes. Often they are. But the Department will want proof, and when the proof is thin, the safer course may be to rely on the de facto category instead. The answer on whether to apply as a spouse or a de facto partner explains the choice, and the firm's answer on who can sponsor a partner visa summarises the sponsor rules.

Who can sponsor partner from the Solomon Islands?

To sponsor partner from the Solomon Islands, the sponsor must be an Australian citizen, an Australian permanent resident or an 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.

Each kind of sponsor proves their status differently, and the steps to sponsor partner from the Solomon Islands begin with that proof. The guides for an Australian citizen partner visa sponsor, a permanent resident partner visa sponsor and a New Zealand citizen partner visa sponsor explain what each must show. The guide on partner visa sponsor eligibility brings the rules together.

What the sponsor actually does

The applicant lodges the visa application first. The sponsor then lodges an online sponsorship application using the applicant's transaction reference number. The guide on partner visa Form 40SP explains this step.

Approval of the sponsorship is a time of decision criterion for the Subclass 309, Subclass 820 and Subclass 300 visas. It is decided inside the visa decision itself, and the sponsor does not receive a separate notice. If the sponsorship is not approved, the visa must be refused.

By sponsoring, the sponsor undertakes to support the applicant with accommodation and financial assistance, as reasonably necessary, for the first two years. The guide on the partner visa sponsor undertaking explains what that undertaking means. There is no minimum income test for the sponsor, which matters for many sponsors who send money home to family in the Solomon Islands as well as supporting their own household here.

Which visa should you use to sponsor partner from the Solomon Islands?

The right visa depends on where your partner is when the application is made and whether you are already married. If your partner is in the Solomon Islands, the usual visa is the Subclass 309 and Subclass 100; if your partner is lawfully in Australia and able to apply onshore, it may be the Subclass 820 and Subclass 801; if you are engaged and intend to marry, it is the Subclass 300.

Offshore: Subclass 309 and Subclass 100

The Subclass 309 partner visa is the temporary offshore stage, and the Subclass 100 is the permanent stage. One application covers both. The applicant must be outside Australia when the application is made, and the application is lodged online through ImmiAccount. Most couples who sponsor partner from the Solomon Islands use this pathway. The guide to the offshore partner visa explains it in detail.

Onshore: Subclass 820 and Subclass 801

The Subclass 820 partner visa is the temporary onshore stage. The applicant must be in Australia when applying. A Solomon Islander who is in Australia on a visitor visa, a student visa or as a seasonal worker may be able to apply onshore, but condition 8503 and Schedule 3 can block or complicate that, as explained later in this guide. The guide to the onshore partner visa and the answer comparing the Subclass 820 and the Subclass 309 help couples choose.

Prospective Marriage: Subclass 300

The Subclass 300 visa lets a fiancé travel to Australia, marry the sponsor within the visa period, and then apply onshore for the Subclass 820. The couple must have met in person as adults and must genuinely intend to marry. The answer on the Prospective Marriage visa requirements sets out the criteria. A Subclass 300 can be a sensible choice where a couple want to marry under Australian law, rather than rely on a custom marriage that may be hard to prove.

What it costs and how long it takes

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 checked on the Department's website on 13 October 2026. The guide to partner visa costs explains additional charges for children and other family members.

As published by the Department on 29 September 2026, 50 per cent of Subclass 309 applications were finalised in 21 months and 90 per cent in 32 months. For the Subclass 820, the figures were 22 months and 30 months. The guide to partner visa processing times explains what affects them. When you sponsor partner from the Solomon Islands, the most common avoidable delay is a marriage that is claimed but not properly evidenced.

Is a custom marriage in the Solomon Islands recognised in Australia?

Yes, it can be. A marriage celebrated in accordance with the custom of Islanders is a valid form of marriage under section 4 of the Islanders' Marriage Act of the Solomon Islands, and Australian law recognises an overseas marriage that was valid where it took place, unless an exception in section 88D of the Marriage Act 1961 applies.

This is the single most important legal point for anyone who wants to sponsor partner from the Solomon Islands after a custom marriage. Many sponsors are told, wrongly, that a custom marriage "does not count" and that the couple must marry again in a church or before a registrar. That is not the law. The question is not whether the marriage was registered. The question is whether it was valid under Solomon Islands law at the time and place it was celebrated, and whether it can be proved.

What the Islanders' Marriage Act says

The Islanders' Marriage Act provides three ways for Islanders to marry:

• Before a minister of religion. After notice is given at the church, the marriage is celebrated in that church.
• Before a District Registrar. After notice in the prescribed form, the marriage is celebrated at the registrar's office.
• In accordance with custom. Section 4 excludes marriages celebrated according to the custom of Islanders from the requirement that a marriage be celebrated before a minister or a registrar.

The Act also sets age and consent rules. Under section 10, each party must be at least 15 years old, and a party under 18 who has not been married before needs written consent, usually from a parent. Australian law is stricter on age. Section 88D of the Marriage Act 1961 refuses recognition to an overseas marriage where a party was not of marriageable age under Australian rules, so any marriage involving a party under 18 needs advice before it is relied on.

Recognition under Part VA of the Marriage Act 1961

Under Part VA of the Marriage Act 1961, sections 88C to 88E, an overseas marriage is recognised in Australia if it was valid under the law of the country where it was celebrated. Section 88D lists the exceptions. The main ones are that a party was already married to someone else, that the parties were in a prohibited relationship, that a party was under age, or that a party did not give real consent. Department policy states the converse: a marriage that is not recognised in the country where it was solemnised will not be recognised under the Marriage Act or the Migration Act 1958.

For couples who sponsor partner from the Solomon Islands, this produces a clear rule. A custom marriage that was genuinely celebrated according to the custom of the families concerned, between two adults who were free to marry and who both consented, is capable of being a valid marriage for an Australian spouse visa. The guides on overseas marriages recognised in Australia and on an overseas marriage that is not recognised explain the general test, and the answer on whether an overseas marriage is recognised for a partner visa gives the short version.

Why proof is the real problem

The law may recognise the marriage. When you sponsor partner from the Solomon Islands, proof is the main issue in any marriage claim. The difficulty is evidence. A church marriage or a registrar marriage produces a certificate. A custom marriage often produces nothing on paper. The case officer was not at the ceremony, does not know the custom of the couple's village, and cannot ask the chiefs. If the only evidence is a sentence in the application saying "we married in custom in 2023", the Department may not be satisfied that a valid marriage took place.

That is why couples who sponsor partner from the Solomon Islands after a custom marriage need to prove three things: that a custom marriage actually took place, what the custom required, and that it was completed. The answers on religious or cultural marriages for a partner visa and on an unregistered marriage for a marriage visa deal with ceremonies that were never recorded by the State.

Should you register a custom marriage before you sponsor partner from the Solomon Islands?

Usually, yes. If you plan to sponsor partner from the Solomon Islands as a married couple, registration under section 18 of the Islanders' Marriage Act does not make a custom marriage valid, because the marriage is already valid under section 4, but a registered custom marriage is much easier to prove to the Department than an unregistered one.

How registration works

Under section 18 of the Islanders' Marriage Act, Islanders who have married by custom may apply to the District Registrar of the district where they live to register the marriage. Each party makes a declaration in the prescribed form, Form F, and the registrar records the marriage in the District Marriage Register. The Act does not set a time limit, so a couple can register a custom marriage some time after the ceremony.

Under section 19, once a custom marriage is registered, each party is treated, for the purposes of divorce law, as if the marriage had been celebrated under the Act. Section 19 also makes it bigamy for a party to a registered custom marriage to marry someone else. Those consequences are a useful sign, for the case officer, that the couple have accepted the legal status of their marriage.

What registration adds to the evidence

For anyone who wants to sponsor partner from the Solomon Islands as a married couple, a registration record does three things:

• It fixes a date. The marriage date in ImmiAccount, the sponsorship, the relationship statements and the Form 888 statements can all match a single official record.
• It confirms both parties consented. Each party signs their own declaration before the registrar.
• It replaces a story with a document. The Department no longer has to decide whether a custom ceremony happened. It has a public record that the marriage exists.

For couples who sponsor partner from the Solomon Islands, the marriage date in the register should be the date of the custom marriage, not the date of registration. If the documents show two dates, the application should explain which is which. The answer on different names or dates in documents explains how to deal with this, and the guide on the partner visa marriage certificate explains what the Department expects to see. Even a certificate is not always enough on its own, as the answer on whether a marriage certificate is enough for a spouse visa explains.

When registration is not possible

Sometimes a couple cannot register before lodgement. The sponsor may already be back in Australia. The applicant may live far from the District Registrar. Records may be hard to obtain. In that case, the couple can still sponsor partner from the Solomon Islands as a married couple, but the custom marriage must be proved in other ways, which are explained in the next section. If the evidence of the custom marriage is weak, the couple should consider the de facto category instead, or apply for a Subclass 300 and marry in Australia. The answer on how to get married in Australia and the answer on the notice of intended marriage explain that route.

How do you prove a custom marriage and bride price?

You prove a custom marriage with evidence from the people who arranged it, took part in it and witnessed it, supported by records of the bride price and the ceremony, and explained in each partner's relationship statement. Bride price is evidence that the custom marriage took place and that the families accepted it, but on its own it is not proof of a valid marriage.

What bride price proves, and what it does not

In many Solomon Islands communities, marriage is an agreement between families as well as between two people. Bride price is negotiated between the families and paid to the bride's family. Depending on the community, it may include cash, customary wealth such as shell money, food and other goods, and it may be paid in instalments. The meaning of the payment differs between islands and between families.

For the Department, bride price is relevant in two ways. First, it is evidence that a custom marriage took place, because in many communities the payment is the act that completes the marriage. Second, it is strong evidence of the nature of the commitment and the social aspects of the relationship, because it shows that both families know about the relationship and accept it. What bride price does not do is prove, by itself, that a valid marriage exists. A payment made during negotiations, before the custom was completed, may show an engagement rather than a marriage. Couples who sponsor partner from the Solomon Islands must therefore explain where the payment fits in the custom of their own families.

The evidence that helps most

When you sponsor partner from the Solomon Islands on the basis of a custom marriage, the best evidence usually includes:

• Statements from the people who arranged it. Chiefs, elders, parents, uncles or church leaders who negotiated or witnessed the bride price and the ceremony, explaining what the custom requires and when it was completed.
• Photographs and video. The exchange, the feast and the family gathering, with dates and the names of the people shown.
• Records of the bride price. Lists of contributions, receipts, bank transfers from the sponsor or the sponsor's family, and messages arranging the payment.
• Church records. Where the couple also had a blessing or a church ceremony, the church record and a letter from the minister.
• A registration record. Where the marriage has been registered with the District Registrar under section 18.
• Each partner's relationship statement. One statement from each partner, describing the custom, the negotiations, the payment and the ceremony in their own words.

For anyone who wants to sponsor partner from the Solomon Islands, statements from family and community members in the Solomon Islands can be useful even though the people who give them are not Australian citizens or permanent residents. They are not Form 888 statements, but they are evidence the Department can weigh. The answer on statements from overseas friends explains how to present them. Form 888 statements from Australian citizens or permanent residents who know the couple, often members of the Solomon Islander community in Australia, add independent support. The guides on Form 888 witness statements and on who can sign Form 888 explain the rules.

Consistency between the two accounts

The Department compares the two partners' accounts. If the sponsor says the bride price was paid in March and the applicant says June, or if one statement names the applicant's uncle as the negotiator and the other names a different relative, the case officer may doubt the whole account. Couples who sponsor partner from the Solomon Islands should each write their own statement, in their own words, and then check that dates, places and names match. The guide on the relationship statement for a partner visa explains how a statement is prepared, and the guide on partner visa cultural differences explains how the Department is expected to approach cultural practice.

What if a party to a custom marriage was married before?

A previous marriage is not a bar, but it must have ended before the new marriage for the new marriage to be valid, and the way the previous marriage ended must be proved. For couples who sponsor partner from the Solomon Islands, this issue can be harder to resolve than the custom marriage itself.

Section 88D of the Marriage Act 1961 refuses recognition to an overseas marriage where a party was already married to someone else. A sponsor who divorced in Australia must provide the divorce order. A partner who was previously married in a church or before a registrar must provide evidence of a divorce or of the former spouse's death. A partner who was previously married in custom raises a harder question: how did that custom marriage end? Under the Islanders' Marriage Act, an unregistered custom marriage is treated differently from a registered one for the purposes of the bigamy offence in section 14, but that does not answer whether it still existed when the new marriage took place. Couples in this position need advice before they sponsor partner from the Solomon Islands, not after a refusal.

Department policy is firm that only the first marriage in a polygamous situation can be recognised, and that a concurrent marital relationship means neither relationship can meet the section 5F requirement of a mutual commitment to the exclusion of all others. The answers on polygamous marriages and the spouse visa, the guide on applying for a partner visa while still married and the guide on previous relationships in a partner visa explain how this is handled.

When should you sponsor partner from the Solomon Islands as de facto partners instead?

You should consider the de facto category when the custom marriage cannot be proved, when a previous marriage may not have ended in time, or when the couple married in a way that may not meet the Islanders' Marriage Act. A de facto application does not depend on any ceremony. It depends on the couple's shared life.

Under section 5CB of the Migration Act 1958, a couple are de facto partners if they have a mutual commitment to a shared life to the exclusion of all others, the relationship is genuine and continuing, and they live together or do not live separately and apart on a permanent basis. Under regulation 2.03A, the relationship generally must have existed for at least 12 months before the application, unless the relationship is registered under a law of an Australian State or Territory or there are compelling and compassionate circumstances, such as a dependent child of the relationship.

The 12-month rule is where many couples who sponsor partner from the Solomon Islands run into trouble. A couple who married in custom and then spent most of the year in different countries must show that the de facto relationship continued while they were apart. The guide to the de facto partner visa in Australia, the answer on the legal definition of a de facto relationship and the answer on when the 12-month de facto period starts explain the test. The answers on registering a relationship while the partner is overseas and on compelling and compassionate circumstances explain the two exceptions.

The custom marriage is still useful when you sponsor partner from the Solomon Islands as de facto partners. It is strong evidence of the nature of the commitment and of social recognition. The couple simply do not need the Department to find that it was a legally valid marriage.

How do wantok and family ties count as relationship evidence?

Wantok and family ties count as evidence of the social aspects of the relationship and the nature of the commitment, which are two of the four aspects the Department must consider under regulation 1.15A(3). Evidence that both partners' families and communities know and accept the relationship is often among the strongest evidence a Solomon Islands couple can provide.

The four aspects are the financial aspects, the nature of the household, the social aspects and the nature of the commitment. They are aspects the Department assesses, not separate statements. The guide on the four aspects of a partner visa relationship explains how each is weighed.

Social aspects

In the Solomon Islands, the wantok system links people through language, family and community obligations. When a couple's relationship is known and accepted within that network, the evidence tends to be rich: invitations, church and community events, family obligations shared by both partners, messages from relatives and photographs at family occasions. For couples who sponsor partner from the Solomon Islands, this evidence can show social recognition far more clearly than a lease or a joint bill. The guides on partner visa social aspects and partner visa social evidence, and the answer on whether families know about the relationship, explain what helps.

Financial aspects and the household

Money often flows in more than one direction in a Solomon Islands family. A sponsor may send money to the partner, to the partner's parents and to their own relatives. Some of those transfers will be relationship evidence. Others will be ordinary family obligations. The application should explain which is which, so that the case officer does not dismiss all of it. The answer on money transfers as relationship evidence and the guide on partner visa separate finances explain how this is approached.

Couples who sponsor partner from the Solomon Islands often lived with extended family before they could live on their own. That does not weaken the relationship, but it should be explained. The guide on living with parents during a partner visa and the answer on living with family explain how household evidence is presented.

Long periods apart

Many couples who sponsor partner from the Solomon Islands spend months apart while the sponsor works in Australia. The evidence should show how the relationship continues: calls and messages, visits, money, joint plans and family involvement. The guide on long-distance partner visa relationships explains how to present this.

What documents does a Solomon Islander partner need?

A Solomon Islander partner usually needs a passport, a birth certificate, evidence of the marriage or the de facto relationship, evidence that any previous marriage has ended, a police clearance from the Royal Solomon Islands Police Force, and police certificates from any other country lived in for 12 months or more in the last 10 years since turning 16.

Identity and civil records

The passport is the primary identity document when you sponsor partner from the Solomon Islands. The birth certificate should match it. Births in the Solomon Islands are registered under the Births and Deaths Registration Act, but not every birth was registered when it happened, and some people were registered years later. A late registration is not a false document, but it should be explained. The answer on what to do if you cannot get a birth or marriage certificate explains the options. English is the official language of the Solomon Islands, so most civil records are in English and do not need translation. Messages written in Pijin or a local language may need representative translations, as the guide on partner visa evidence translation explains.

Identity is checked under public interest criterion 4020 for every application to sponsor partner from the Solomon Islands. That criterion also covers bogus documents and false or misleading information. The guide on partner visa PIC 4020 explains why consistent identity details matter.

The Royal Solomon Islands Police Force clearance

A police clearance in the Solomon Islands is issued by the Royal Solomon Islands Police Force. The applicant completes a fingerprint form, pays the fee at the Ministry of Finance, gives fingerprints, and collects the certificate from the place where they applied, such as Police Headquarters at Rove in Honiara. The force states that the original is valid only with the Forensic Services stamp. Applicants living outside Honiara should allow time to travel, because a missing clearance is a common cause of delay when couples sponsor partner from the Solomon Islands. The guide on partner visa overseas police certificates explains the general rules, and the answer on how long police certificates and health checks are valid explains why timing matters. The answer on what to do if you cannot get a police certificate deals with delays.

Health and biometrics

Health examinations are done when the Department requests them, with a panel physician approved by the Department, and biometrics are given where the Department asks for them. Applicants should follow the instructions in the Department's letter rather than assume a location. The guides on the partner visa medical examination and partner visa biometrics explain these steps, and the guide on partner visa character requirements explains public interest criterion 4001.

Do sponsorship limitations and sponsor police checks apply?

Yes. When you sponsor partner from the Solomon Islands, the same sponsorship limitations and sponsor police check rules apply as for any other country, and either can stop the sponsorship being approved.

Under regulation 1.20J of the Migration Regulations 1994, a person generally cannot sponsor more than two partners in their lifetime, and cannot sponsor a new partner within five years of the last sponsorship, unless there are compelling circumstances. A sponsor who was themselves sponsored as a partner within the last five years faces a similar restriction. The commercial page on partner visa sponsorship limitations explains when an exception may be available, and the guide on when a sponsor cannot sponsor a partner visa sets out the detail.

Under regulation 1.20KC, the Department may ask the sponsor for Australian and foreign police checks. A sponsor convicted of a relevant offence, with a significant criminal record for it, may have the sponsorship refused unless it is reasonable to approve it. A sponsor who does not provide the checks within a reasonable time may also be refused. The guide on the partner visa sponsor police check explains the process. A sponsor with a previous partner or a criminal record should get advice before trying to sponsor partner from the Solomon Islands.

What are the steps to sponsor partner from the Solomon Islands?

The steps to sponsor partner from the Solomon Islands are: check the sponsor, decide whether the couple are married or de facto, prove or register the custom marriage, gather the applicant's documents and police clearance, prepare the relationship evidence, lodge the visa application, lodge the sponsorship, and respond to the Department until a decision is made.

• Check the sponsor. Confirm citizenship, permanent residence or eligible New Zealand citizenship, age, and the limits in regulation 1.20J and regulation 1.20KC.
• Decide the legal basis. Decide whether to rely on a valid marriage or on a de facto relationship.
• Deal with the custom marriage. Confirm that the custom was completed, that both parties were free to marry and old enough, and whether to register the marriage under section 18 before lodgement.
• Prove any previous marriage ended. Obtain divorce orders, death certificates or other evidence for both partners.
• Gather the applicant's documents. Passport, birth certificate, police clearance from the Royal Solomon Islands Police Force and any other police certificates.
• Prepare the relationship evidence. One relationship statement from each partner, Form 888 statements, family and chief statements, bride price records and evidence across the four aspects.
• Choose the visa and lodge. 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. Health, biometrics, further information and any section 56 request.

The guides on how to apply for a partner visa and on the Department's section 56 requests explain the mechanics. Following these steps in order is the most reliable way to sponsor partner from the Solomon Islands without avoidable delay.

What if your Solomon Islander partner is already in Australia?

If your 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 can meet, or be excused from, the Schedule 3 criteria.

Solomon Islanders come to Australia as visitors, students and seasonal or Pacific workers. Some of those visas carry condition 8503 (no further stay). A partner whose visa has condition 8503 cannot make a valid onshore application unless the condition is first waived. A partner who no longer holds a substantive visa when applying must usually satisfy Schedule 3 criteria 3001, 3003 and 3004, which can be waived for compelling reasons. The page on Schedule 3 waivers, the answer on condition 8503 and partner visas and the guide on applying for a partner visa while on a tourist visa explain the rules. Couples who sponsor partner from the Solomon Islands while the partner is here on a work visa tied to an employer should get advice before changing anything about that visa.

Are there other Pacific visa options besides a partner visa?

Yes, but they are not a substitute for a partner visa. The Solomon Islands is a participating country for the Pacific Engagement visa (Subclass 192), a permanent visa allocated by ballot, but selection is not certain and the visa is not based on the relationship.

According to the Department's ballot country status page, checked on 14 October 2026, registrations for the Solomon Islands closed after the period from 1 July 2026 to 29 July 2026, and selection runs from 5 August 2026 to 26 February 2027. A Solomon Islander who is selected in the ballot may be able to apply for the Pacific Engagement visa and include family members, subject to its own criteria. That can be a separate route for some couples, but it is not a reason to delay a partner visa where the couple already meet the partner visa criteria. Couples who want to sponsor partner from the Solomon Islands should assess both options together and not rely on a ballot outcome. Temporary work arrangements for Pacific workers are also separate and do not lead to a partner visa on their own.

Why are partner visas for Solomon Islander partners refused?

Partner visas for Solomon Islander partners are refused for the same legal reasons as any other partner visa: the Department is not satisfied the relationship is genuine and continuing, the marriage is not proved to be valid, a previous marriage had not ended, the documents or identity are doubted, the sponsorship is not approved, or a character or health criterion is not met.

When you sponsor partner from the Solomon Islands, some risks are more likely than others:

• An unproved custom marriage. A claim of marriage with no registration, no statements from those who arranged it and no evidence that the custom was completed.
• Bride price treated as the marriage. Evidence of a payment, but no explanation of whether the custom was completed.
• A previous custom marriage. No evidence of how an earlier marriage ended.
• Inconsistent accounts. The partners describe the negotiations, dates or ceremony differently.
• Thin evidence across distance. Long periods apart with little proof of contact.
• Visa status problems. An onshore application blocked by condition 8503 or Schedule 3.

The guides on why partner visas get refused and on a refusal for insufficient evidence 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 refused Subclass 309, Subclass 820 or Subclass 300 visa can generally be reviewed by the Administrative Review Tribunal, but the application must be made within 28 days after the applicant is notified of the decision, or within 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 to the Tribunal 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 on the evidence before it at the time of its own decision. For couples who sponsor partner from the Solomon Islands, that means a registration record, statements from chiefs and family, and bride price records can be put before the Tribunal even if the Department never saw them.

The guides on the partner visa appeal deadline, partner visa ART fees and the partner visa ART review process, and the answer on who applies for review of an offshore refusal, explain the process.

What have Tribunal decisions said about marriage validity and culturally appropriate evidence?

Tribunal decisions show that the validity of an overseas marriage, the status of a previous marriage and culturally appropriate relationship evidence are examined closely on review, and that refusals on these issues can be sent back to the Department when the evidence is properly put.

In 1706602 (Migration) [2019] AATA 5299, a Subclass 309 matter, the issues recorded were a genuine spousal relationship, the validity of the marriage with the sponsor, the status of the visa applicant's previous marriage, and a marriage solemnised and recognised as valid under local laws. The Tribunal remitted the matter, which means it sent it back to the Department for reconsideration.

In TOURI (Migration) [2021] AATA 4570, a Subclass 309 matter, the issues recorded were a genuine and continuing relationship, a valid marriage, limited financial arrangements, and the social aspects of the relationship as culturally appropriate. The Tribunal remitted the matter to the Department for reconsideration.

In Takemanu (Migration) [2023] AATA 936, a Subclass 820 matter, the recorded issue was that the Tribunal received a national police clearance certificate from Papua New Guinea. The Tribunal remitted the matter to the Department for reconsideration. The decision concerned a Papua New Guinea certificate, not a Solomon Islands one, but it shows that a missing police certificate can be supplied on review.

None of these decisions involved a Solomon Islander applicant, and none guarantees any result in another case. They do show that couples who sponsor partner from the Solomon Islands and face a refusal on marriage validity, cultural evidence or a missing document can put better evidence before the Tribunal.

How My Migration Lawyers helps you sponsor partner from the Solomon Islands

My Migration Lawyers acts for Australian sponsors and their partners in partner visa matters involving custom marriages, bride price, previous custom marriages and Pacific family evidence, and it is capable of handling a matter to sponsor partner from the Solomon Islands from the first assessment through to the 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 the Solomon Islands, the firm's work usually includes:

• Testing the sponsor first. Confirming the sponsor's status and checking regulation 1.20J and regulation 1.20KC before anything is lodged.
• Advising on the custom marriage. Assessing whether the custom marriage is likely to be valid under section 4 of the Islanders' Marriage Act and recognised under Part VA of the Marriage Act 1961, whether registration under section 18 should be completed first, and whether the de facto category is the safer basis.
• Checking previous marriages. Identifying any earlier church, registrar or custom marriage of either partner and the evidence needed to show it ended.
• Organising the family evidence. Presenting statements from chiefs, elders and family, bride price records and community evidence in a form the case officer can follow.
• Presenting the relationship evidence. Each partner's relationship statement is their own account, reviewed and corrected by them. The firm presents that account and the supporting evidence in the form the law requires.
• Managing the applicant's documents. Reviewing the passport, birth records and the Royal Solomon Islands Police Force clearance for consistency and timing.
• Responding to the Department. Answering section 56 requests and section 57 letters accurately and on time.
• Review if needed. Preparing and presenting an Administrative Review Tribunal review if the visa is refused.

The firm's partner visa lawyers act for sponsors in every Australian State and Territory and for partners overseas, with consultations by video. The guides on complex partner visa lawyer work and on working with an offshore partner visa lawyer, and the answer on using a partner visa lawyer while living overseas, explain how the firm works. Matters are supervised by Weiwei Zhang, Principal Lawyer. The firm also publishes guides for related Pacific matters, such as the partner visa for Tongan citizens and the partner visa for Fijian citizens.

If you want to sponsor partner from the Solomon Islands and you are unsure whether your custom marriage will be accepted, Book a Consultation with My Migration Lawyers, or call 1300 040 300.