Sponsoring a Partner From South Africa

To sponsor partner from South Africa, the Australian partner must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and the couple must be married or in a genuine de facto relationship. The sponsor partner from South Africa process involves two applications: the sponsorship by the Australian partner and the visa application by the South African partner.

This guide is written for the Australian sponsor. Many Australians who sponsor partner from South Africa have South African roots themselves. Some moved to Australia years ago and met their partner on a visit home. Others met a South African partner who was already in Australia for work or study. Those facts change the application in two important ways: the sponsor may need a South African police clearance of their own, and the South African partner may already be in Australia on another visa. The firm's answer on whether a lawyer can help bring a spouse from South Africa to Australia gives a short overview, and the firm's partner visa lawyers page explains how the firm acts.

This article covers the sponsor's eligibility, the sponsor's own police clearance, the South African Police Clearance Certificate process, onshore and offshore options, visitor visas, South African marriages including customary marriages, civil documents, relationship evidence, and what happens if the Department refuses the application.

Who can sponsor partner from South Africa?

An Australian citizen, an Australian permanent resident or an eligible New Zealand citizen who is at least 18 can sponsor partner from South Africa, provided the sponsorship limitations do not apply.

The main limitations are:

• Regulation 1.20J. A sponsor generally cannot sponsor more than two partners in a lifetime, and cannot sponsor a partner within five years of a previous partner sponsorship or within five years of their own grant as a partner, unless there are compelling circumstances.
• Regulation 1.20KA. Sponsorship is limited where the sponsor was granted a Contributory Parent visa and the assurance of support is still in force.
• Regulation 1.20KB. This applies where children are included and the sponsor has relevant child-related offences.
• Regulations 1.20KC and 1.20KD. These deal with sponsor police checks and significant criminal records, and apply to Subclass 300, 309 and 820 applications made on or after 18 November 2016. Department policy on these provisions is VM-5930.

The partner visa sponsorship limitations page explains each rule. The guides on who can be a partner visa sponsor and on partner visa sponsor requirements set out the details. Sponsorship approval is decided at the time of decision, so a sponsor partner from South Africa file must remain correct until the Department decides it.

Sponsors who migrated from South Africa

Many sponsors who sponsor partner from South Africa became Australian permanent residents or citizens after migrating. Three issues arise for them:

• Their own partner visa history. A sponsor who was granted permanent residence as a partner within the last five years cannot sponsor a new partner unless compelling circumstances exist. The guide on partner visa compelling circumstances explains the test, and the answer on a sponsor who was sponsored before explains the risk.
• New permanent residents. A sponsor who has only recently become a permanent resident can still sponsor. The guide on a partner visa sponsor who is a new permanent resident explains the position, and the guide on a partner visa sponsor whose PR is pending explains why a sponsor whose permanent residence is not yet granted cannot sponsor.
• New citizens. The guide on a partner visa sponsor who recently became a citizen explains which documents prove the new status.

Sponsors living in South Africa

An Australian citizen living in South Africa can sponsor a partner for a Subclass 309 visa, but the couple should show a genuine plan to live in Australia. The guide on a partner visa sponsor living overseas and the answer on an Australian living overseas sponsoring a partner explain the rules.

Does the sponsor need a South African police clearance?

Yes, if the sponsor has lived in South Africa for 12 months or more in the relevant period. Under regulation 1.20KC, the Department can ask the sponsor for an Australian national police check and a police check from each country where the sponsor has lived for 12 months or more, in total, since the later of 10 years before the request and the sponsor's 16th birthday.

This is the most distinctive issue when Australians sponsor partner from South Africa. For a sponsor partner from South Africa matter, this point is easy to miss. A sponsor who migrated to Australia within the last ten years, or who returned to South Africa to work or care for family, will often meet the 12-month threshold. The 12 months is cumulative, so several shorter stays can add up.

The request is sent to the sponsor, not the applicant, and not to the applicant's representative unless the sponsor has appointed that person. Department policy treats 28 days as a reasonable time to respond with the checks or with evidence that they have been requested. A sponsor who does nothing risks refusal of the sponsorship, which leads to refusal of the visa. Because a South African Police Clearance Certificate depends on fingerprints and processing in Pretoria, a sponsor in Australia should start early.

The guides on the partner visa sponsor police check, on a partner visa sponsor police check not provided and on partner visa sponsor relevant offences explain the rules. Department policy does not usually require police checks from female sponsors where there are no character concerns, which the guide on the female sponsor police check policy explains. A sponsor who wants a representative to receive the request should sign Form 956, which the guide on Form 956 and Form 956A explains.

Can I sponsor partner from South Africa if I have a criminal record?

Possibly. A sponsor's criminal record matters only in specific ways. Under regulation 1.20KC(3), the sponsorship must be refused if the sponsor has been convicted of a relevant offence and has a significant criminal record for it, unless the discretion in regulation 1.20KC(4) is exercised. Many convictions are not relevant offences.

Relevant offences are listed in regulation 1.20KC and centre on violence, threats of violence and similar conduct, and the policy focus is on protecting the visa applicant from family violence. A traffic offence or a minor dishonesty offence is unlikely to be a relevant offence. Where a relevant offence exists, the next question is whether the sponsor has a significant criminal record for it, which depends on the sentence. A sponsor partner from South Africa application by a sponsor with any conviction, in Australia or South Africa, should be assessed before the checks are sent.

The sponsorship application also asks the sponsor to consent to the Department disclosing convictions for relevant offences to the visa applicant. Refusing that consent means the visa cannot be granted. The guides on a partner visa sponsor criminal record, on a partner visa sponsor significant criminal record and on a partner visa sponsor assault conviction explain the tests. The answer on a lawyer for a sponsor with a criminal record explains when advice is needed. Getting this assessment right protects the whole sponsor partner from South Africa application.

How do you get a South African Police Clearance Certificate?

A South African Police Clearance Certificate is issued by the South African Police Service (SAPS) through its Criminal Record and Crime Scene Management unit in Pretoria. The applicant gives a full set of fingerprints on form SAPS 91(a), with identity documents and proof of payment.

Both the South African partner and, where requested, the sponsor need this certificate in a sponsor partner from South Africa application. Planning both clearances together is one of the simplest ways to keep a sponsor partner from South Africa application moving. The process is:

• In South Africa. Fingerprints are taken at a police station on form SAPS 91(a). The application is submitted with a copy of the identity document or passport and proof of payment. The station forwards it to Pretoria, and the certificate is returned to the station for collection.
• Outside South Africa. SAPS states that South African citizens abroad may apply at a police station in the country where they live, or at the South African embassy, by submitting a completed fingerprint set and a certified copy of their identity document or passport.
• Name changes. Evidence of earlier surnames, such as a marriage certificate, may be needed if the destination country requires it.

SAPS publishes the fee and an indicative processing time on its website, and these can change. The Department asks applicants for police certificates from each country where they have lived for 12 months or more in the last 10 years since turning 16. In a sponsor partner from South Africa matter, the certificate should be obtained close enough to lodgement that it is still current when the decision is made. The guides on partner visa overseas police certificates and on partner visa expired police checks explain timing. The answer on what to do if a police certificate cannot be obtained covers delays, and the answer on how long police certificates are valid explains validity.

A South African partner who has lived in Australia also needs an Australian Federal Police check. The guide on the partner visa AFP police check explains the process. A partner with a conviction in South Africa should get advice before lodgement, and the guide on partner visa overseas convictions explains the approach.

Can a South African partner already in Australia apply onshore?

Yes, often. A South African partner who is in Australia on a substantive visa without condition 8503 can usually lodge an onshore Subclass 820 partner visa, which leads to the permanent Subclass 801 visa.

Many couples who sponsor partner from South Africa are in this position, and the timing of lodgement is the first decision in the sponsor partner from South Africa strategy. The South African partner may hold:

• An employer sponsored visa. A partner on a temporary skill visa who loses their job, or whose employer stops sponsoring, may need to lodge before the visa ends. The answer on a partner visa for a 482 visa holder and the guide on a partner visa while on a 482 visa explain the timing.
• A student visa. The guide on a partner visa on a student visa explains the issues.
• A graduate visa. The guide on a partner visa from a graduate visa explains the move.
• A visitor visa. Visitor visas can carry condition 8503, explained below.

Lodging while the partner still holds a substantive visa avoids the Schedule 3 criteria, which is why a sponsor partner from South Africa case with an expiring work visa is treated as urgent. If the partner is unlawful or holds a bridging visa other than a Bridging A, B or C visa, Schedule 3 applies and can usually only be waived for compelling reasons. The Schedule 3 waivers page and the guide on partner visa Schedule 3 criteria explain the rules. Where a visa is about to expire, the urgent partner visa lodgement page explains how the firm handles urgent matters.

When the partner is in South Africa

If the South African partner is outside Australia, the couple applies for the Subclass 309 partner visa, which leads to the Subclass 100 visa. The partner must be outside Australia when the Subclass 309 visa is granted, so a sponsor partner from South Africa couple should plan visits around the decision. The Subclass 300 Prospective Marriage visa suits a couple who are engaged and plan to marry in Australia. The comparison of onshore and offshore partner visas helps a sponsor partner from South Africa couple choose.

Can my South African partner visit Australia on a visitor visa?

Yes, but South African passport holders generally need to apply for a Visitor (Subclass 600) visa, and the visitor visa may carry condition 8503 (No Further Stay), which prevents most onshore visa applications unless it is waived.

This is a key practical difference in a sponsor partner from South Africa case, because South African passport holders are not usually eligible for the online visitor options available to some other nationalities. The visitor visa application must be truthful about the relationship and the purpose of the visit. A visitor visa is not a way to come to Australia and then lodge a partner visa if condition 8503 applies. Where condition 8503 has been imposed, the partner can ask for a waiver only in limited circumstances, such as a compelling and compassionate change of circumstances outside their control after the visa was granted.

The guides on Subclass 820 and condition 8503, on a partner visa no further stay condition and on a partner visa after a visitor visa refusal explain these issues. The answers on whether to mention a partner on a visitor visa application and on a lawyer for a partner visa on a visitor visa give practical guidance.

Is a South African marriage recognised in Australia?

Generally, yes. South African law recognises three types of marriage: civil marriages, customary marriages and civil unions. A marriage validly entered into in South Africa is usually recognised in Australia if it would also be recognised as valid under Australian law.

For a sponsor partner from South Africa application based on marriage, each type raises its own points:

• Civil marriage. The marriage officer issues a certificate at the ceremony, and the marriage is registered with the South African Department of Home Affairs, which can issue abridged and unabridged marriage certificates.
• Customary marriage. In a sponsor partner from South Africa application, a customary marriage is one negotiated, celebrated or concluded according to a system of indigenous African customary law. It must be registered within three months of the celebration at a Department of Home Affairs office or, where none exists, through a designated traditional leader. A registered customary marriage should be supported by the registration certificate.
• Civil union. A civil union may be entered into by opposite-sex or same-sex couples. The LGBTI partner visa page explains how same-sex couples apply.

In a sponsor partner from South Africa case, the marriage evidence must also show that both parties were free to marry. Australian law does not recognise a marriage for partner visa purposes if either party was still married to someone else at the time. The answer on a polygamous marriage and a spouse visa explains that rule. The guides on whether an overseas marriage is recognised in Australia and on the partner visa marriage certificate explain the tests, and the answer on a religious or cultural marriage covers ceremonies that were not registered.

What South African documents are needed?

A sponsor partner from South Africa application usually includes the South African partner's passport, birth certificate, marriage certificate where married, divorce orders or death certificates ending any earlier marriage, evidence of any name change, and the Police Clearance Certificate.

South African civil documents come in abridged and unabridged forms, and the choice matters in a sponsor partner from South Africa application. Where the Department needs full details, such as parents' names on a birth certificate, an unabridged document is usually more useful. Divorce orders from a South African court should be complete and legible, because a sponsor partner from South Africa application based on marriage depends on proof that any earlier marriage ended. Documents in a language other than English, such as Afrikaans or another official language, need an accurate English translation.

The partner visa document checklist gives a full list, and the guide on documents a partner visa sponsor provides covers the sponsor's side. The answers on what to do if a birth or marriage certificate cannot be obtained and on different names and dates on documents deal with common problems. The guide on partner visa previous relationships explains why earlier marriages must be documented.

What if your partner's children are staying in South Africa?

Children of the South African partner who will not migrate must still be declared in the application, and the Department may require them to have health examinations. Children who will migrate need the other parent's consent or a court order where that parent is not migrating.

In a sponsor partner from South Africa application, parenting arrangements are often governed by South African court orders or parenting plans. Where a child is to migrate, the Department will look for written consent from the other parent or an order allowing relocation, together with the child's unabridged birth certificate. Where a child is staying in South Africa, the application should explain the arrangement, because it bears on the couple's future plans. Regulation 1.20KB can prevent approval of the sponsorship if a child is included and the sponsor has relevant child-related offences.

The guides on partner visa non-migrating children, on partner visa child custody and consent and on adding children to a partner visa explain each situation. The answer on the other parent's consent for a child to migrate explains the documents. A sponsor partner from South Africa file with children should be planned around these documents from the start.

How do you prove the relationship when you sponsor partner from South Africa?

The Department assesses the relationship under the four aspects in regulation 1.15A: financial aspects, the nature of the household, social aspects and the nature of the commitment. A sponsor partner from South Africa application should give evidence under each one.

Financial aspects

In a sponsor partner from South Africa application, joint accounts, shared bills, money transfers between Australia and South Africa, and evidence that one partner supports the other are relevant. The guides on partner visa financial evidence and on partner visa joint bank account evidence explain what helps.

The nature of the household

For a sponsor partner from South Africa couple, a shared lease, a mortgage, shared household responsibilities and shared care of children show the household. Couples who have lived apart because one partner was working in Australia while the other stayed in South Africa should explain why. The guides on partner visa household evidence and on a partner visa while living apart for work explain how this is presented.

Social aspects

Families and friends in both countries who know the couple can support a sponsor partner from South Africa application. Their knowledge of the relationship, shared events and travel together show how the couple presents itself. Form 888 statements are given by Australian citizens and permanent residents who know the couple, and the guide on Form 888 for a partner visa explains who can sign. Statements from family in South Africa can be given as further supporting evidence.

The nature of the commitment

There is one relationship statement. It is the couple's own account of how they met, how the relationship developed and their plans together, reviewed and corrected by them. The guide on the partner visa relationship statement and the answer on how detailed a relationship timeline should be explain how to prepare it. The guide on preparing evidence of a genuine relationship brings these aspects together.

Couples who sponsor partner from South Africa after meeting on a visit home and then maintained a long-distance relationship should show the contact, visits and plans that kept the relationship going. The guide on a partner visa long distance relationship and the answer on a de facto visa for a couple who met online explain how these relationships are assessed. A de facto couple must generally have been in the relationship for 12 months before lodgement unless the relationship is registered in an Australian state or territory or compelling and compassionate circumstances exist, which the guide on the de facto partner visa explains.

What happens at the permanent stage?

The permanent Subclass 801 or Subclass 100 stage is usually assessed about two years after the combined application was lodged. The Department checks that the relationship is genuine and continuing and that the applicant still meets health and character requirements.

For a sponsor partner from South Africa couple, the permanent stage often needs updated evidence of the shared life in Australia and, where requested, updated police certificates. The guides on partner visa second stage documents and on the partner visa sponsor at the second stage explain what is needed. The answer on a lawyer for the Subclass 801 permanent stage explains how the firm assists.

How much does it cost to sponsor partner from South Africa?

At the time of writing, the Partner visa application charge for the main applicant is AUD 11,710, paid when the visa application is lodged.

Couples should also budget for the South African Police Clearance Certificate for the applicant and, where requested, the sponsor, together with medical examinations, translations, visitor visa costs and charges for any children included. The guide on partner visa cost explains the elements, and the answer on who pays the partner visa fee explains that either partner can pay. A sponsor partner from South Africa budget should allow extra time, not only money, for fingerprint-based police clearances.

What mistakes do Australians make when they sponsor partner from South Africa?

The most common mistakes are forgetting the sponsor's own South African police clearance, letting the partner's work or student visa expire before lodging, and relying on a customary marriage that was never registered.

Other mistakes seen in sponsor partner from South Africa matters include:

• Coming to Australia on a visitor visa with condition 8503 and expecting to lodge onshore.
• Late police clearances. Fingerprint-based applications take time, and an expired certificate may need replacing.
• Abridged documents only. An abridged certificate may not show the details the Department needs.
• An earlier divorce not documented. A missing South African divorce order raises doubts about whether the new marriage is valid.
• Inconsistent accounts. The relationship statement, Form 888 statements and forms give different dates. The guide on partner visa conflicting statements explains the risk.
• The sponsor ignores a Department email. Sponsor police check requests are sent to the sponsor directly.

The guide on partner visa application mistakes lists other errors, and a pre-lodgement partner visa application review can identify them early. Each of these mistakes is avoidable when the sponsor partner from South Africa strategy is settled before lodgement.

What if the Department asks for more information?

The Department can request more information under section 56 of the Migration Act 1958 and must give a section 57 letter before refusing on adverse information. In a sponsor partner from South Africa case, requests often concern police clearances, unregistered customary marriages, earlier divorces or gaps in relationship evidence.

A prompt, complete answer keeps the sponsor partner from South Africa application on track. The guides on responding to a section 56 request and on common adverse information in section 57 letters explain the process. The answers on an extension to a section 56 request and on how to respond to a section 57 letter give practical steps.

Can a refused South African partner visa be reviewed?

Yes. A refused Subclass 820 or Subclass 309 application can be reviewed by the Administrative Review Tribunal if the application for review is made within 28 days after the decision is notified.

For a Subclass 820 refusal the applicant applies, and for a Subclass 309 refusal the visa applicant applies in their own name under section 338(9) of the Migration Act 1958, with regulations 4.02(4)(saa) and 4.02(5)(raa), inserted in 2023. The Tribunal application fee for a partner visa review is AUD 3,727. A sponsor partner from South Africa refusal should be assessed immediately because the 28-day period cannot be extended. The partner visa refusals page, the guide on the partner visa appeal deadline and the guide on partner visa ART evidence explain the steps. For an onshore applicant, the guide on a bridging visa after a partner visa refusal explains what happens to the bridging visa. The urgent visa refusal review page explains urgent review work.

How My Migration Lawyers helps you sponsor partner from South Africa

My Migration Lawyers acts for Australian sponsors and their South African partners in onshore and offshore partner visa matters, including sponsors who migrated from South Africa themselves. The firm deals with complex partner visa cases, acts in many matters of this type, and is capable of handling a sponsor partner from South Africa matter from first advice to Tribunal review.

The firm's work on a sponsor partner from South Africa matter typically includes:

• Assessing the sponsor under regulations 1.20J, 1.20KA, 1.20KB, 1.20KC and 1.20KD, including any earlier partner visa grant and whether the sponsor will be asked for a South African Police Clearance Certificate.
• Planning the SAPS fingerprint-based clearance for the applicant and the sponsor so that the certificates are current when the decision is made.
• Advising whether a South African partner on a work, student or visitor visa can lodge a Subclass 820 application, and dealing with condition 8503 and Schedule 3 issues.
• Checking civil, customary and civil union marriages, registration certificates, abridged and unabridged documents, and South African divorce orders.
• Organising relationship evidence across Australia and South Africa under the four aspects.
• Reviewing the couple's relationship statement, which remains their own account, and Form 888 statements.
• Lodging the sponsorship and visa application, responding to section 56 and section 57 letters, and acting in Administrative Review Tribunal review.

Consultations are by video, so a sponsor in Australia and a partner in South Africa can attend together. Sponsors can read about the firm's work as partner visa lawyers in Perth, partner visa lawyers in Brisbane, partner visa lawyers on the Gold Coast and partner visa lawyers in Sydney. Partner visa matters are supervised by Weiwei Zhang, Principal Lawyer. The partner visa FAQ centre and the contact page provide further information.

If you are ready to sponsor partner from South Africa, Book a Consultation with My Migration Lawyers, or call 1300 040 300.