Sponsoring a Partner From Somalia

If you want to sponsor partner from Somalia, the answer is yes: an Australian citizen, Australian permanent resident or eligible New Zealand citizen can sponsor a Somali spouse, de facto partner or fiancé, provided the sponsor is eligible and the relationship is genuine and continuing. To sponsor partner from Somalia, 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.

Many Australians who sponsor partner from Somalia came to Australia themselves on a humanitarian visa. That history matters. When the sponsor applied for that visa, they were asked about their family, including any spouse or partner. The Department keeps that file. When a partner visa is lodged years later, the case officer can compare the two. If the sponsor declared the partner, the history can help. If the sponsor said they were single, or named a different spouse, the inconsistency can become the central issue in the case. This guide explains that issue first, then the identity, document and third-country problems that most Somali partner visa matters share. For the general framework, read the complete guide to partner visas in Australia and the guide to being a partner visa sponsor.

Can you sponsor partner from Somalia to Australia?

Yes. You can sponsor partner from Somalia 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 separate partner visa for Somali citizens, and no rule that bars Somali partners. The same Schedule 2 criteria in the Migration Regulations 1994 apply as for any other country. What differs is the evidence. Couples who sponsor partner from Somalia usually face three problems at once: a sponsor with a humanitarian visa history that must line up with the new application, identity documents that are hard to verify, and a partner who often lives outside Somalia, in a country such as Kenya, Ethiopia or Uganda.

The relationship must fit one of three legal categories:

• Married. A spouse relationship under section 5F of the Migration Act 1958, based on a marriage that is valid and recognised in Australia.
• De facto. A de facto relationship under section 5CB of the Migration Act 1958, usually of 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 answer on who can sponsor a partner visa summarises the sponsor rules in one place.

Who can sponsor partner from Somalia?

To sponsor partner from Somalia, 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.

A former refugee who now holds a permanent humanitarian visa, or who has since become an Australian citizen, can be a sponsor. A person who holds only a temporary visa cannot. That includes a person on a Temporary Protection visa or a Safe Haven Enterprise visa, as the answer on partner visas and TPV or SHEV holders explains. The guides for an Australian citizen partner visa sponsor, a permanent resident partner visa sponsor and a new permanent resident sponsor cover each situation, and the guide on partner visa sponsor eligibility brings the rules together.

The sponsor's role

The applicant lodges the visa application first. The sponsor then lodges an online sponsorship application using the applicant's transaction reference number, as the guide on partner visa Form 40SP explains. Approval of the sponsorship is a time of decision criterion for the Subclass 309, Subclass 820 and Subclass 300 visas, decided inside the visa decision itself. There is no separate notice to the sponsor.

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 this. There is no minimum income requirement. The sponsor's own immigration history is part of the assessment, as the guide on the partner visa sponsor's own visa history explains, and that is where the humanitarian visa issue begins.

Did you declare your partner when you applied for your humanitarian visa?

This is the first question to answer before you sponsor partner from Somalia. If you were married to, or in a de facto relationship with, your partner before your humanitarian visa was granted, the Department expects that relationship to appear in your humanitarian visa file: in the application form, in your interview, or in later information you gave before grant.

When a person applies for a humanitarian visa, they are asked to list their family members, including any spouse. That information is used to decide who is included in the application and to check later claims. When the same person later tries to sponsor partner from Somalia, the case officer can see the earlier file. Three situations are common:

• The partner was declared. The sponsor named the partner as a spouse or partner before the humanitarian visa was granted. The partner visa is consistent with the file, and a specific provision may help, as explained below.
• The relationship began after the grant. The sponsor was single when the humanitarian visa was granted and met or married the partner later. There is no inconsistency, but the timeline must be clear and supported.
• The partner was not declared. The sponsor was already married or in a relationship but did not say so, or named someone else. The partner visa now claims a relationship that the earlier file does not show.

The third situation is the one that causes serious problems for couples who sponsor partner from Somalia. It is discussed in its own section below.

How to find out what you declared

Many sponsors do not remember exactly what was written in an application made years ago, often with help from others and sometimes in a refugee camp or under great stress. Guessing is dangerous. Before lodging, a sponsor can request a copy of their own immigration file from the Department under freedom of information. The guide on partner visa FOI requests explains how this is done. Knowing what the file says allows the sponsor to describe the relationship history accurately and to explain any difference before the case officer raises it.

How does a declared relationship help when you sponsor partner from Somalia?

A declared relationship helps because it gives the Department independent, earlier evidence that the relationship existed, and because subclause 100.221(6) of the Migration Regulations 1994 provides a specific basis for the permanent Subclass 100 visa for the partner of a permanent humanitarian visa holder.

What subclause 100.221(6) covers

Department policy describes subclause 100.221(6) as applying only to a primary applicant whose sponsoring partner is or was the holder of a permanent humanitarian visa, who was in a married or de facto relationship with the applicant before that visa was granted, and who informed the Department of the relationship before that visa was granted. The policy lists the kinds of evidence that show the Department was told: information in the humanitarian visa application form, the record of the sponsor's interview, and file notes made on that application. "Permanent humanitarian visa" is defined in regulation 1.03.

For an applicant who meets subclause 100.221(6), Department policy does not list the usual requirement to hold the Subclass 309 visa for two years before the permanent stage is decided. That can mean the permanent Subclass 100 visa is considered without the usual waiting period. The applicant must still be in a genuine spouse or de facto relationship with the sponsor and meet the other criteria. This provision sits in the Subclass 100 criteria, so it follows the offshore Subclass 309 pathway that most couples use when they sponsor partner from Somalia. The Subclass 309 partner visa page explains that pathway, and the answer on the Subclass 309 and the Subclass 100 explains the two stages.

Evidence that the relationship was declared

A sponsor who relies on an earlier declaration should not simply assert it. The application should point to it: a copy of the relevant page of the humanitarian application, the interview record if available, and any later correspondence. Where the sponsor obtained the file under freedom of information, the relevant extracts can be provided. The relationship evidence should then show that the same relationship has continued since that time, despite long separation. The guide on the four aspects of a partner visa relationship explains how continuing commitment is assessed.

Woman at Risk visa holders

There is one express preclusion that sponsors should know about. Under clause 309.212, a woman who was granted a Subclass 204 (Woman at Risk) visa within the five years before the application cannot sponsor a male applicant who, when her visa was granted, was her former spouse or de facto partner, or was her spouse or de facto partner and that relationship had not been declared to the Department. A woman who holds or held a Subclass 204 visa and wants to sponsor partner from Somalia should get advice before anything is lodged.

What happens if you did not declare your partner before your visa was granted?

An undeclared spouse or partner is a serious risk when you sponsor partner from Somalia. It does not automatically bar the partner visa, but it can lead the Department to doubt the relationship, the dates the couple give, and the honesty of the information in the new application, and in some cases it can raise questions about the sponsor's own status.

Why it matters to the partner visa

When you sponsor partner from Somalia, the Department must be satisfied that the relationship is genuine and continuing and, for a married couple, that the marriage is valid. If the couple say they married in 2015, but the sponsor told the Department in 2017 that they were single, the case officer faces two accounts that cannot both be true. The case officer may conclude that the 2015 marriage did not exist, that it was not genuine, or that the partner visa account has been changed to fit. Any of those conclusions can lead to refusal.

Any application to sponsor partner from Somalia must also be accurate. Public interest criterion 4020 allows refusal where the visa applicant gives a bogus document or information that is false or misleading in a material particular in relation to the application. A partner visa that repeats an incorrect date or hides an earlier relationship to avoid the conflict creates a fresh problem. The guides on partner visa PIC 4020, on a partner visa refused for false information and on incorrect answers in a partner visa application explain how the Department approaches this. The answer on an honest mistake compared with PIC 4020 explains the line between an error and a material falsehood.

Why it may matter to the sponsor

A sponsor who gave incorrect information in their own visa application may face questions about that visa. The consequences depend on the sponsor's present status, what was said, why, and what difference it made. For some sponsors the risk is small. For others it is significant. This is not something a sponsor should discover from a case officer's letter. Anyone who did not declare a partner and now wants to sponsor partner from Somalia should get legal advice on their own position before the partner visa is lodged.

What a sponsor should do

The right approach for anyone who wants to sponsor partner from Somalia is honesty, prepared in advance. In practice:

• Get the file. Obtain the sponsor's humanitarian visa file so that the exact wording is known.
• Establish the true timeline. Work out when the couple met, when they married or began living together, and when each event in the humanitarian process happened.
• Explain the difference. Where the sponsor did not declare the partner, the application should explain why, truthfully. There are sometimes real reasons, such as a marriage that had not been completed, a relationship that had broken down and later resumed, a misunderstanding of the question, or advice received at the time. There are also situations where the explanation will not help, and the sponsor needs to know that before deciding how to proceed.
• Do not change the facts to fit. A partner visa that alters dates to avoid the earlier file is far more dangerous than an honest explanation.

The guide on an undeclared relationship in a partner visa explains the issue in more depth, and the answer on how to correct a mistake in a partner visa application explains how errors in the current application are fixed. The answer on whether a lawyer can help with PIC 4020 explains how these matters are handled.

Relationships that began after the grant

Many sponsors were genuinely single when they arrived and met their partner later, often through family or community connections, on a return visit to the region, or online. For them the issue is simpler. The relationship history should start after the grant, and the evidence should show how it developed. Couples who sponsor partner from Somalia in this situation should still make sure that the sponsor's earlier declarations about previous spouses and children are consistent with the new application, because a previous marriage or children declared in the humanitarian file must also appear in the partner visa. The guide on previous relationships in a partner visa explains why.

What identity documents are needed to sponsor partner from Somalia?

To sponsor partner from Somalia, the applicant needs to prove identity with a passport and any civil documents available, and must explain gaps and inconsistencies openly. Because Somalia has no single national civil registration system, the Department often relies on a combination of documents, consistent personal details and the applicant's own account.

Why Somali documents are difficult

An Immigration and Refugee Board of Canada research response published in January 2022 cites a Somali Ministry of Interior report stating that there is no national system of civil registration, including birth registration, and an analyst stating that there is no single type of identity certificate used across Somalia. Documents vary by region and by the authority that issued them. The same response cites the Australian Department of Foreign Affairs and Trade as saying that authenticating Somali documents is impossible without reliable government-held registries. Somaliland and Puntland have their own administrations, and documents issued there may look different from documents issued in Mogadishu.

None of this means a Somali applicant cannot prove identity, or that you cannot sponsor partner from Somalia. It means the applicant must expect scrutiny and must present the evidence carefully. Couples who sponsor partner from Somalia should assume that every document will be checked against every other document and against the sponsor's file.

The documents that usually help

• Passport. The applicant's current passport, with all pages showing personal details, visas and stamps.
• Birth certificate or identity certificate. Whatever civil document the applicant holds, with the date it was issued. Many were issued in adulthood, which should be stated, not hidden.
• Documents from the country of residence. Refugee or residence documents, identity cards or registration papers issued in Kenya, Ethiopia, Uganda or another country where the applicant lives.
• Marriage evidence. A marriage certificate if one exists, and evidence of the ceremony.
• Earlier records. School records, earlier passports or older identity papers that show the same name and date of birth.

Names and dates of birth

Somali names usually follow a pattern of a given name followed by the father's name and the grandfather's name, rather than a fixed family surname, and the same name may be spelt in several ways in English. Dates of birth are sometimes recorded as 1 January of a year where the exact date was not known. Neither is a problem if it is explained. Both become problems if documents differ and no one says why. When you sponsor partner from Somalia, every name the applicant has used should be declared, and the reason for any variation should be set out. The answers on different names or dates in documents and on a partner visa applicant with a different identity in past records explain how this is handled.

Identity under PIC 4020

When you sponsor partner from Somalia, public interest criterion 4020 also requires the applicant to satisfy the Department of their identity. A refusal because identity is not established can carry a 10-year bar on further visas. The guides on partner visa false documents and on the Department's section 56 requests explain how identity concerns are raised, and the guide on Form 80 for a partner visa explains why the applicant's personal history must be consistent across forms.

How do you prove a Somali marriage for a partner visa?

You prove a Somali marriage with a marriage certificate if one exists, evidence of the Islamic marriage ceremony and those who conducted and witnessed it, and each partner's account of the marriage, and the marriage must have been valid where it took place and not fall within an exception in section 88D of the Marriage Act 1961.

Under Part VA of the Marriage Act 1961, an overseas marriage is recognised in Australia if it was valid under the law of the place where it was celebrated, unless an exception applies, such as a party already being married to someone else, a party being under age, or one party not giving real consent. Department policy states that a marriage not recognised in the country where it was solemnised will not be recognised under the Marriage Act or the Migration Act 1958.

Most couples who sponsor partner from Somalia married in an Islamic ceremony. A marriage may have taken place in Somalia, or in Kenya, Ethiopia or another country where one or both partners lived. The law of the place where it was celebrated decides whether it was valid, which means a marriage in Nairobi is assessed under Kenyan law, not Somali law. Couples who sponsor partner from Somalia after marrying in a third country should check whether that country required the marriage to be registered. The guides on overseas marriages recognised in Australia and on an overseas marriage that is not recognised, and the answer on religious or cultural marriages for a partner visa, explain the test.

Marriage by proxy or by telephone

Some Somali couples marry when one partner is not physically present, for example with a representative standing in for the sponsor. Whether such a marriage is valid depends on the law of the place where it took place, and Australian recognition of proxy marriages raises its own questions. The answer on proxy or online marriages and the spouse visa explains the risks. Where the validity of the marriage is uncertain, the couple may be better off relying on a de facto relationship or applying for a Subclass 300 and marrying in Australia.

Previous and concurrent marriages

Islamic law as generally applied in Somalia permits a man to have more than one wife. Australian law does not recognise a second concurrent marriage as valid. Department policy states that only the first marriage in a polygamous situation can be recognised, and that where either party has a concurrent marital relationship, neither relationship can meet the section 5F requirement of a mutual commitment to a shared life to the exclusion of all others. A sponsor who wants to sponsor partner from Somalia must disclose every earlier marriage and prove that it has ended. The answer on polygamous marriages and the spouse visa and the guide on applying for a partner visa while still married explain the risk. This links back to the humanitarian file: a first wife declared in that file must be accounted for in the partner visa.

Arranged marriages

Many Somali marriages are arranged or introduced by families. An arranged marriage is not a reason for refusal, and couples in arranged marriages sponsor partner from Somalia in the same way as any other couple. The Department looks at whether the relationship is genuine and continuing now. The guide on partner visa arranged marriage and the answer on arranged marriages and the spouse visa explain what evidence helps.

What if your Somali partner lives in Kenya, Ethiopia or another country?

A Somali partner who lives outside Somalia can apply for the offshore Subclass 309 from that country, because the application is lodged online and the applicant only needs to be outside Australia when it is made. The country of residence matters for the police certificates, the documents and the relationship evidence.

Police certificates from the country of residence

To sponsor partner from Somalia when the partner lives in a third country, the applicant must provide police certificates from every country where they have lived for 12 months or more in the last 10 years since turning 16. For a Somali partner who has lived in Kenya, that usually means a police clearance from Kenya as well as any certificate available from Somalia. According to the Government of Canada's police certificate guidance, the Kenyan police clearance certificate is issued by the Directorate of Criminal Investigations, through its Criminal Records Office in Nairobi. Requirements in Ethiopia, Uganda or another country of residence must be checked for that country.

A police certificate from Somalia may be difficult to obtain. The same Government of Canada guidance gives no issuing authority for most of Somalia and directs applicants in Somaliland or Puntland to the local police authority. Where a certificate cannot be obtained despite real efforts, the Department may accept an explanation with evidence of those efforts. The answers on what to do if you cannot get a police certificate and on how long police certificates and health checks are valid, and the guide on partner visa overseas police certificates, explain the steps. The applicant's character is assessed under public interest criterion 4001, as the guide on partner visa character requirements explains.

Residence documents

When couples sponsor partner from Somalia and the partner lives in a third country, the applicant should provide evidence of their status there, such as a residence permit, refugee registration or an identity card issued by that country. These documents help to establish identity and residence history, and they explain why the applicant's address in the application is not in Somalia. The answer on what to do if you cannot get a birth or marriage certificate explains how other documents can fill gaps.

Visits and where couples meet

The Australian Government's Smartraveller advice for Somalia is "Do not travel", and Australia has no diplomatic mission in Somalia. Many sponsors therefore meet their partner in a third country, such as Kenya or Ethiopia, rather than in Somalia. That is reasonable, and couples who sponsor partner from Somalia should explain it in the relationship statements. Travel records, accommodation receipts and photographs from those visits are important evidence. The guides on partner visa travel evidence and on long-distance partner visa relationships explain what helps.

What relationship evidence do you need to sponsor partner from Somalia?

The Department assesses the relationship as a whole under regulation 1.15A(3), looking at the financial aspects, the nature of the household, the social aspects and the nature of the commitment, and the evidence should cover all four.

These are aspects the Department assesses, not separate statements. The usual written evidence is one relationship statement from each partner, in their own words, plus Form 888 statements from people who know the couple. For couples who sponsor partner from Somalia, the most useful evidence is often:

• Money transfers. Regular remittances from the sponsor to the partner. These are common in Somali families, so the application should identify which transfers relate to the relationship and which support wider family. The answer on money transfers as relationship evidence explains this.
• Communication. Call logs and messages over time, with representative translations where they are in Somali or Arabic. The guide on partner visa chat evidence explains how to present them.
• Family and community involvement. Evidence that both families know about and accept the relationship. The answer on whether families know about the relationship explains why it matters.
• Form 888 statements. From Australian citizens or permanent residents who know the couple, often from the Somali community in Australia. The guides on Form 888 witness statements and on the relationship statement for a partner visa explain how these are prepared.

Documents and messages that are not in English must be provided with accurate English translations, as the guide on partner visa evidence translation explains.

Which visa should you use to sponsor partner from Somalia?

The right visa depends on where your partner is when the application is made and whether you are married. If your partner lives in Somalia or a third country, 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, it is the Subclass 300.

Most couples who sponsor partner from Somalia use the offshore pathway. The guide to the offshore partner visa explains it. The Subclass 820 partner visa is only available where the partner is in Australia and can make a valid onshore application, which depends on the partner's current visa, condition 8503 and Schedule 3. The page on Schedule 3 waivers and the answer on condition 8503 and partner visas explain those limits. The Subclass 300 requires the couple to have met in person as adults, which the answer on meeting in person for a fiancé visa explains.

Children

Many people who sponsor partner from Somalia also want to bring the partner's children. Children can be included in the partner visa application. Where a child's other parent is not the sponsor, the other parent's consent or a court order may be needed. The answers on including children in a partner visa and on the other parent's consent, and the guide on partner visa child custody and consent, explain the requirements. Children declared in the sponsor's humanitarian file must also be consistent with the partner visa.

Cost and time

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, with extra charges for included family members. The guide to partner visa costs explains them. 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. The guide to partner visa processing times explains what affects them. Applications to sponsor partner from Somalia often take longer where identity or the sponsor's file raises questions, so a complete and consistent application matters.

Do sponsorship limitations and sponsor police checks apply?

Yes. When you sponsor partner from Somalia, the sponsorship limitations in regulation 1.20J and the sponsor police check rules in regulation 1.20KC apply in the same way as for any other country.

Under regulation 1.20J, a person generally cannot sponsor more than two partners in their lifetime, or a new partner within five years of the last sponsorship, unless there are compelling circumstances. A sponsor who previously sponsored a spouse, perhaps a first wife, must take this into account before trying to sponsor partner from Somalia again. The commercial page on partner visa sponsorship limitations and the guide on when a sponsor cannot sponsor a partner visa explain the rules.

Under regulation 1.20KC, the Department may ask the sponsor for Australian and foreign 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. For former refugees who sponsor partner from Somalia, this point matters: Department policy states that a sponsor who holds or held a humanitarian or protection visa is not automatically exempt from providing police checks from former countries of residence. The guide on the partner visa sponsor police check explains the process.

What are the steps to sponsor partner from Somalia?

The steps to sponsor partner from Somalia are: check the sponsor's eligibility and humanitarian file, establish the true relationship timeline, confirm the legal basis of the relationship, gather identity documents and police certificates from every country of residence, prepare the relationship evidence, lodge the visa application, lodge the sponsorship, and respond to the Department.

• Check the sponsor. Confirm permanent residence or citizenship, age, regulation 1.20J and regulation 1.20KC.
• Get the sponsor's file. Obtain the humanitarian visa file and check what was declared about spouses, partners and children.
• Settle the timeline. Work out the true dates of meeting, marriage or cohabitation, and how they relate to the humanitarian grant.
• Confirm the relationship basis. Decide whether the couple rely on a valid marriage, a de facto relationship or an engagement.
• Gather identity documents. Passport, civil documents, residence documents and earlier records, with translations.
• Obtain police certificates. From Somalia where possible, and from Kenya, Ethiopia, Uganda or any other country of residence.
• Prepare the relationship evidence. One relationship statement from each partner, Form 888 statements and evidence across the four aspects.
• Lodge and sponsor. The applicant lodges online through ImmiAccount, and the sponsor lodges the sponsorship.
• Respond to requests. Health, biometrics, section 56 requests and section 57 letters.

The guides on how to apply for a partner visa, the partner visa medical examination and partner visa biometrics explain the mechanics.

Why are partner visas for Somali partners refused?

Partner visas for Somali partners are usually refused because the Department is not satisfied of the applicant's identity, is not satisfied the relationship is genuine and continuing, finds that the marriage is not valid, or finds that the information given is inconsistent or false.

When you sponsor partner from Somalia, the most common risks are:

• Conflict with the sponsor's file. A relationship the sponsor did not declare, or a marriage date that does not fit the humanitarian history.
• Identity. Documents that conflict, were issued recently or cannot be verified, with no explanation.
• Marriage validity. A proxy marriage, a marriage while one partner was still married, or no evidence of the ceremony.
• Inconsistent statements. The partners give different accounts of how they met or when they married.
• Missing police certificates. No certificate and no evidence of efforts to obtain one.

The guides on why partner visas get refused and on the section 57 natural justice letter explain these grounds, and 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 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, including from Kenya or Ethiopia. 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, so identity documents, explanations of the sponsor's file and further relationship evidence can be provided on review. 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 identity documents and undisclosed information?

Tribunal decisions show that identity documents and inconsistent or undisclosed information are examined closely on review, and that refusals on these grounds can be sent back to the Department where the evidence is properly put.

In Rezai (Migration) [2020] AATA 5489, a Subclass 309 matter, the issues recorded were a bogus document, no valid identity documents, satisfaction of the applicant's identity, and identification documentation obtained. The Tribunal remitted the matter, which means it sent it back to the Department for reconsideration.

In 1826951 (Migration) [2020] AATA 1854, a Subclass 309 matter, the issues recorded were bogus documents, burnt identity documents, a Taskera left in another country, and a visa misplaced. A Taskera is an Afghan identity document, so this decision concerned an Afghan applicant, not a Somali one. The Tribunal remitted the matter to the Department for reconsideration.

In Yeung (Migration) [2020] AATA 4137, a Subclass 820 matter, the issues recorded were a Federal Circuit Court remittal, whether the applicant was a de facto partner or spouse, incorrect information in the visa application and Department interviews, and a meeting through an introduction agency that was not disclosed. The Tribunal remitted the matter to the Department for reconsideration.

None of these decisions involved a Somali applicant, and none guarantees any result in another case. Each turned on its own evidence. They do show that couples who sponsor partner from Somalia and face a refusal on identity or inconsistent information can put better evidence and explanations before the Tribunal.

How My Migration Lawyers helps you sponsor partner from Somalia

My Migration Lawyers acts for Australian sponsors, including former refugees and humanitarian visa holders, and their partners in partner visa matters involving undeclared relationships, Somali identity documents, Islamic and proxy marriages and applicants living in third countries, and it is capable of handling a matter to sponsor partner from Somalia 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 Somalia, the firm's work typically includes:

• Reviewing the sponsor's history first. Obtaining and reading the sponsor's humanitarian visa file, identifying what was declared about spouses, partners and children, and advising the sponsor on their own position before anything is lodged.
• Checking subclause 100.221(6). Identifying whether the relationship was declared before the humanitarian visa was granted and whether that provision may apply.
• Testing the sponsorship. Checking regulation 1.20J, regulation 1.20KC and, where relevant, clause 309.212.
• Organising identity evidence. Reviewing the passport, civil documents, residence documents and earlier records, and preparing a clear explanation of name variations and late-issued documents.
• Advising on the marriage. Assessing whether an Islamic, proxy or third-country marriage is likely to be recognised, or whether a de facto or Subclass 300 application is safer.
• Managing police certificates. Identifying every country of residence and the certificates or evidence of efforts required.
• 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.
• Responding to the Department and reviewing refusals. Answering section 56 requests and section 57 letters, and preparing an Administrative Review Tribunal review if needed.

The firm's partner visa lawyers act for sponsors across Australia 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 whether there is a partner visa lawyer who handles complex cases, explain how the firm works. Matters are supervised by Weiwei Zhang, Principal Lawyer. For partners living in Kenya or Egypt, the guides on the partner visa for Kenyan citizens and the partner visa for Egyptian citizens may also help.

If you want to sponsor partner from Somalia and you are unsure what your humanitarian file says or whether your partner's documents will be accepted, Book a Consultation with My Migration Lawyers, or call 1300 040 300.