Sponsoring a Partner From South Korea

To sponsor partner from South Korea, the Australian partner must be an approved sponsor, and the Korean partner must apply for an Australian Partner visa and prove a genuine and continuing relationship. Many couples who sponsor partner from South Korea met in Australia, so the application is often lodged onshore for the Subclass 820 visa.

This guide is written for the Australian sponsor. It is built around the way many of these relationships begin. A Korean partner often first comes to Australia on a working holiday, as a student, or as a visitor, and the couple meet, live together and decide to stay together in Australia. Other couples met in South Korea, where the Australian partner was working or teaching, or met online. Each of these stories leads to a different sponsor partner from South Korea strategy. This guide explains which visa fits, whether to apply as married or de facto partners, how the Korean police certificate is obtained, how Korean family registration documents are used, what evidence works for couples who met on a working holiday, and how bridging visas, cost and refusal work. The firm's partner visa lawyers page explains how My Migration Lawyers acts in these matters, and the complete guide to partner visas in Australia explains every stage.

Can you sponsor partner from South Korea while they are already in Australia?

Yes, in many cases. If the Korean partner is in Australia on a substantive visa that does not carry condition 8503, the couple can usually lodge an onshore Subclass 820 application, and the partner will generally receive a bridging visa while it is processed.

This is the most common situation for an Australian who wants to sponsor partner from South Korea. The partner may hold a Working Holiday visa, a Student visa, a Temporary Graduate visa or a visitor visa. The key questions are whether the visa has a "No Further Stay" condition and whether it is still in effect. The guide on the onshore partner visa explains the requirements, and the firm's page on the Subclass 820 partner visa explains how the firm handles onshore applications.

The partner's current visa shapes every sponsor partner from South Korea strategy:

• Working Holiday visa. A working holiday maker can usually apply onshore. The guide on a partner visa from a working holiday visa explains the issues, and the firm's answer on a lawyer for a partner visa on a working holiday visa explains when advice helps.
• Student visa. A student can usually apply onshore. The guide on a partner visa on a student visa explains how study and the relationship are shown together.
• Visitor visa or Electronic Travel Authority. The grant notice must be checked for condition 8503. The guide on a partner visa while on a tourist visa explains this.
• Expired visa. If the partner's visa has already expired, Schedule 3 criteria apply. The guide on Schedule 3 criteria for partner visas explains the additional test, and the firm's Schedule 3 waivers page explains the work involved.

Where the partner's visa is about to expire, timing is critical for anyone who wants to sponsor partner from South Korea onshore. The firm's page on urgent partner visa lodgement and the answer on a visa that expires next week explain what can be done.

Onshore or offshore: which route fits a partner from South Korea?

The route depends on where the Korean partner is when the application is lodged. A partner in Australia generally applies for the Subclass 820 visa. A partner in South Korea or another country applies for the Subclass 309 visa. An engaged partner outside Australia can apply for the Subclass 300 Prospective Marriage visa.

Partner's situationUsual visaPermanent stageKey pointIn Australia on a visa without condition 8503Subclass 820Subclass 801Bridging visa usually granted while the application is processedIn Australia with condition 8503Waiver needed first, or apply offshoreSubclass 801 or Subclass 100Condition 8503 must be waived before an onshore applicationIn South Korea or another countrySubclass 309Subclass 100Partner must be outside Australia at application and grantEngaged, outside AustraliaSubclass 300Then Subclass 820 and Subclass 801Couple must marry within the visa period

The firm's pages on the Subclass 309 partner visa and the Subclass 300 Prospective Marriage visa explain the offshore routes. The comparison of onshore and offshore partner visas and the firm's answer on Subclass 820 or Subclass 309 explain the differences in more detail. The guide on choosing the right partner visa pathway helps couples decide.

A couple who sponsor partner from South Korea should not lodge an offshore application while the partner is in Australia, or an onshore application while the partner is overseas. The firm's answers on an offshore application lodged in Australia and on an onshore application lodged overseas explain why these mistakes can invalidate the application.

Married or de facto: which relationship should you rely on?

You can rely on either. Married couples apply as spouses. Unmarried couples apply as de facto partners, which usually requires 12 months of living together before lodgement, unless the relationship is registered in an Australian state or territory.

Many couples who sponsor partner from South Korea have lived together in Australia but are not married. For them, the 12-month rule is the first question in any sponsor partner from South Korea application. The time counts from when the couple began a de facto relationship, which is usually when they began living together as a couple, not from when they first met. The guides on the 12 month de facto rule and on the de facto partner visa explain the test, and the firm's answer on when the 12-month de facto period starts explains how it is counted.

Registering the relationship

A couple who have not lived together for 12 months can register their relationship in an Australian state or territory that offers registration, and then rely on the registration instead. Each state has its own rules and processing times, so couples who sponsor partner from South Korea on a registered relationship should start early. The firm's answers on registering a de facto relationship for a partner visa, on where to register a relationship in Australia and on registering a relationship in New South Wales explain the process.

Same-sex couples

Australian law recognises same-sex marriages and same-sex de facto relationships for Partner visas. A same-sex couple can sponsor partner from South Korea on the same basis as any other couple. Where the couple cannot marry in South Korea, they can apply as de facto partners or marry in Australia or another country where it is permitted. The firm's page on the LGBTI partner visa and the answer on a same-sex de facto visa explain the options.

Who can sponsor partner from South Korea?

An Australian citizen, an Australian permanent resident or an eligible New Zealand citizen aged 18 or over can sponsor partner from South Korea, if the sponsor is approved under the Migration Regulations 1994.

The sponsorship rules are the same for every sponsor partner from South Korea application. Regulation 1.20J generally limits a sponsor to two partner sponsorships in a lifetime, and prevents sponsorship within five years of a previous partner sponsorship or of the sponsor's own grant as a partner, unless there are compelling circumstances. Regulation 1.20KA applies to contributory parent sponsorship history. Regulation 1.20KB applies where children are included and the sponsor has convictions for certain offences. Regulations 1.20KC and 1.20KD, which apply from 18 November 2016 to Subclass 300, Subclass 309 and Subclass 820 applications, allow the Department to ask for sponsor police checks and to refuse a sponsor with a significant criminal record for a relevant offence. Sponsorship approval is decided at the time of decision.

The firm's partner visa sponsorship limitations page explains these rules. The guides on partner visa sponsor eligibility, on the Form 40SP sponsorship, on partner visa sponsor obligations and on partner visa sponsor documents explain the sponsor's role. An Australian citizen who was born overseas should read the guide on proof of citizenship for a partner visa sponsor, and a sponsor who lives overseas should read the guide on a partner visa sponsor living overseas.

Can you sponsor partner from South Korea if you both live in South Korea?

Yes. An Australian citizen who lives in South Korea can sponsor partner from South Korea, and the Korean partner applies offshore for the Subclass 309 visa. An Australian permanent resident who lives overseas must take more care, because permanent residence can carry travel limits.

Couples who met while the Australian partner was working in South Korea often apply from there. The application must show that the couple intend to live together in Australia. Evidence can include job applications in Australia, plans for housing, enrolment of children in Australian schools, or a timeline for the move. A permanent resident sponsor should check that their own travel facility allows them to return. The guides on a partner visa sponsor living overseas, on a partner visa sponsor returning to Australia and on a sponsor with an expired travel facility explain the issues, and the firm's answer on an Australian living overseas who sponsors a partner gives a short summary. The guide on the offshore partner visa explains the Subclass 309 pathway, and the guide on partner visa future plans explains how a shared plan for life in Australia is shown.

Do Australians who lived in South Korea need a Korean police certificate?

Yes, if the Department asks for sponsor police checks and the sponsor has lived in South Korea for 12 months or more in total in the relevant period since turning 16. The Department can request a police check from each country where the sponsor lived for that long, as well as an Australian police check.

This issue is particularly relevant when you sponsor partner from South Korea, because many Australian sponsors met their partner while living in South Korea, for example while teaching or working there. A year of teaching, or several shorter contracts that add up to 12 months, can be enough. The 12 months is cumulative.

The good news for anyone who wants to sponsor partner from South Korea after living there is that Korean police certificates are available to non-citizens. The Department's character information for South Korea states that the Korea National Police Agency issues certificates to citizens and non-citizens, online or in person, through local police stations in South Korea or through South Korean overseas missions. An Australian sponsor living back in Australia can apply through a South Korean mission, or online where they have access to the Korean online identity verification system.

Department policy treats 28 days as a reasonable time to respond to a request for sponsor police checks or, at a minimum, to provide evidence that they have been requested. A sponsor partner from South Korea application should never be left waiting while the sponsor does nothing. The guides on the partner visa sponsor police check, on a partner visa sponsor police check that is not provided and on relevant offences for partner visa sponsors explain the process and risks. The guide on the partner visa AFP police check explains the Australian check.

How does the Korean partner get a police certificate?

The Korean partner obtains the police certificate from the Korea National Police Agency. The Department of Home Affairs accepts either two separate certificates, a Criminal Record Check Report and an Investigation Record Check Report, or a single combined Criminal (Investigation) Record Check Report.

The Department's character information for South Korea describes three ways to apply, and the choice affects the timing of a sponsor partner from South Korea application:

• Online. Anyone with access to the Korean online identity verification system can apply online through the Korea National Police Agency's criminal records website, choosing the option for permission of foreign country immigration and stay, and the English language version.
• In South Korea. The partner can apply at any local police station, or online.
• Outside South Korea. The partner can apply at the nearest South Korean mission, or online. For an in-person application outside South Korea, the Department says the applicant obtains a Background Check (Criminal Records) Certificate and provides a completed application form and a valid ID card or passport. An expired passport is not accepted for identity purposes.

The partner in a sponsor partner from South Korea application must also provide a police certificate from any other country where they lived for 12 months or more in the last 10 years since turning 16. A Korean partner who has been in Australia on a working holiday and then as a student for more than a year will also need an Australian Federal Police check. The guides on partner visa overseas police certificates, on expired police checks and on partner visa character requirements explain the requirements, and the firm's answer on police checks for a partner visa gives a short summary.

Is a marriage registered in South Korea recognised in Australia?

Yes. A marriage that was validly registered in South Korea is generally recognised in Australia, provided it also meets Australian requirements, such as free consent and neither party being already married.

In South Korea, marriage is recorded through the family relations registration system. The Korean Act on Registration of Family Relations lists the certificates that can be issued from the register, including the Family Relation Certificate and the Marriage Relation Certificate. A couple who sponsor partner from South Korea as a married couple should provide the Marriage Relation Certificate showing the marriage, with an English translation. A wedding ceremony that was never reported for registration may not, on its own, prove a legal marriage.

The guides on whether an overseas marriage is recognised in Australia and on the partner visa marriage certificate explain how overseas marriages are assessed. The firm's answers on an overseas marriage for an Australian partner visa and on whether a marriage certificate is enough explain why the marriage document is only part of the evidence. A couple whose marriage was registered only by one party, or where the registration details differ from the wedding date, should explain the difference.

Can we marry in Australia instead?

Yes. A couple can marry in Australia if both parties are free to marry, and the Korean partner's visa does not need to be a partner visa. The couple must give a Notice of Intended Marriage to an authorised celebrant at least one month before the wedding.

Some couples who sponsor partner from South Korea marry in Australia while the Korean partner is on a working holiday, student or visitor visa. Marrying does not change the partner's visa, and it does not remove condition 8503 if that condition applies. The firm's answers on the Notice of Intended Marriage, on how to get married in Australia and on marrying in Australia on a visitor visa explain the process. The answer on whether to change your name after marriage explains how a name change affects the application.

Which Korean documents are needed, and do they need translation?

The Korean partner usually needs a valid passport, Korean family relation registration certificates, the Marriage Relation Certificate if married, evidence of the end of any earlier marriage, and police certificates. Korean documents must be provided with accurate English translations.

The Act on Registration of Family Relations lists the types of certificate issued from the register, including the Family Relation Certificate, the Identification Certificate and the Marriage Relation Certificate. In a sponsor partner from South Korea application, these certificates can confirm identity, parents, marital status and any earlier marriage. The Marriage Relation Certificate is particularly useful because it shows the partner's marriage history.

Translations in a sponsor partner from South Korea application should be complete and accurate. Korean names can be written in different ways in English, and the family name may appear first or last. The application should explain any difference between the passport name and other documents. The guide on partner visa evidence translation explains translation standards, and the firm's answers on translating a marriage certificate, on translating messages in another language and on different names and dates across documents answer common questions. The partner visa document checklist sets out the full list.

What evidence works for couples who met on a working holiday or while studying?

The strongest evidence shows that the couple live together as a household, share finances and responsibilities, are known as a couple to friends and family, and have a long-term plan together. The four aspects in regulation 1.15A apply: the financial aspects, the nature of the household, the social aspects, and the nature of the commitment.

Relationships that start on a working holiday often have features that need careful explanation in a sponsor partner from South Korea application:

• Share houses. Couples often live in share houses or move between short leases. The guide on informal living arrangements explains how to prove living together without a formal lease, and the guide on a partner visa without a joint lease explains the alternatives.
• Moving for work. Regional work or farm work can mean periods apart. The guide on a partner visa when living apart for work explains how these periods are treated.
• Separate finances. Young couples often keep separate accounts. The guide on partner visa separate finances and the firm's answer on a joint bank account explain what else can be shown.
• Short relationships. The guide on a partner visa for a short relationship explains how the Department looks at relationships that moved quickly.
• Families overseas. The Korean partner's family is usually in South Korea. Form 888 statements can be provided by people who know the relationship, and the firm's answer on statements from overseas friends explains how.

The guide on partner visa relationship evidence explains the general approach, and the guide on the partner visa relationship statement explains the couple's single relationship statement, which is their own account. The guides on partner visa household evidence and on partner visa social evidence explain two of the four aspects in detail.

Can the Korean partner visit Australia while an offshore application is processed?

Yes, it is often possible. South Korean passport holders can generally apply for an Electronic Travel Authority, and a visitor can also apply for a Subclass 600 Visitor visa. Either way, the visit must be genuinely temporary.

If the couple sponsor partner from South Korea through an offshore Subclass 309 application, the partner can visit Australia while it is processed, but must be outside Australia when the Subclass 309 is granted. The firm's answers on visiting Australia while a Subclass 309 is processing and on being outside Australia when the Subclass 309 is granted explain the timing. The guide on visiting Australia during partner visa processing explains the general rules.

A visitor who later wants to lodge onshore must check the grant notice for condition 8503, because it can change the whole sponsor partner from South Korea plan. The guide on partner visa condition 8503 waivers and the firm's answer on a partner visa with condition 8503 explain the waiver test. The answer on whether to mention your partner on a visitor visa application explains why honesty matters.

What happens to work, study and travel during a Subclass 820 application?

A Korean partner who lodges a valid Subclass 820 application while holding a substantive visa usually receives Bridging visa A, which generally comes into effect when the current visa ends. The bridging visa usually allows work, and travel outside Australia requires a Bridging visa B.

This matters for a sponsor partner from South Korea application because many partners want to visit family in South Korea while waiting. Leaving Australia on a Bridging visa A without first obtaining a Bridging visa B can end the bridging visa. The guides on the partner visa bridging visa, on partner visa bridging visa work rights, on Bridging visa B for partner visa applicants and on partner visa overseas travel explain the rules. The firm's answers on leaving Australia without a Bridging visa B and on studying on a bridging visa answer common questions.

What does it cost to sponsor partner from South Korea?

The Partner visa application charge for the main applicant is AUD 11,710 at the time of writing. The charge covers both stages and must be paid at lodgement. Police certificates, medical examinations and translations are separate costs.

Couples who sponsor partner from South Korea should budget for these items early. The guide on partner visa cost and the guide on Subclass 820 visa cost explain the costs in more detail. The firm's answer on who pays the partner visa fee explains that either partner can pay. Professional fees for a sponsor partner from South Korea matter are separate from the government charge. The guide on fixed fee partner visa lawyers explains how legal fees can be structured.

What happens after lodgement, and how is the second stage assessed?

After lodgement, the Department assesses the first stage, may ask for more information, and then decides the temporary visa. The permanent Subclass 801 or Subclass 100 stage is assessed about two years after the original application was lodged.

The Department may ask for more information under section 56 of the Migration Act 1958, or put adverse information to the applicant under section 57. The guides on responding to a section 56 request and on the section 57 natural justice letter explain the process. For the permanent stage, the guides on partner visa second stage documents and on the sponsor's role at the second stage explain what is needed. A sponsor partner from South Korea application continues to depend on the relationship until the permanent stage is decided.

What if the sponsor partner from South Korea application is refused?

A refused sponsor partner from South Korea application can usually be reviewed by the Administrative Review Tribunal. The review application must be made within 28 days after the decision is notified. For both a Subclass 820 refusal and a Subclass 309 refusal, the visa applicant applies for review.

For an offshore Subclass 309 refusal, section 338(9) of the Migration Act 1958, read with regulations 4.02(4)(saa) and 4.02(5)(raa) inserted in 2023, allows the applicant to apply in their own name. The Tribunal fee for a partner visa review is AUD 3,727. An onshore Subclass 820 applicant who holds a bridging visa will usually keep it while a valid review application is pending, subject to its terms. The guides on bridging visas after a partner visa refusal, on what to do after a partner visa refusal and on the partner visa appeal deadline explain the steps. The guide on a partner visa refused onshore applies to Subclass 820 refusals. The firm's partner visa refusals page explains review work, and the urgent visa refusal review page applies where the deadline is close.

What mistakes should you avoid when you sponsor partner from South Korea?

The most common mistakes are lodging a de facto application before the couple have 12 months of living together or a registered relationship, missing condition 8503, and travelling on a Bridging visa A without a Bridging visa B.

Other problems seen in sponsor partner from South Korea applications include:

• Letting the partner's visa expire. Lodging after the visa ends brings in Schedule 3 criteria. The guide on a partner visa after a visa has expired explains the risk.
• Missing police certificates. The partner may need an Australian check as well as the Korean certificate, and the sponsor may need a Korean certificate.
• Untranslated Korean documents. Family relation certificates without English translations.
• Weak household evidence. Share house arrangements with no documents linking the couple.
• Name inconsistencies. Different English spellings of Korean names across documents.

The guide on partner visa application mistakes lists further errors that affect couples who sponsor partner from South Korea. A partner visa application review before lodgement can identify these problems early.

How My Migration Lawyers helps you sponsor partner from South Korea

My Migration Lawyers acts for Australian sponsors and their Korean partners in onshore and offshore Partner visa matters. The firm deals with complex cases, acts in many matters of this type, and is capable of handling a sponsor partner from South Korea application where the visa history, the relationship timeline or the documents raise difficult questions.

On a sponsor partner from South Korea matter, the firm's work typically includes:

• Checking the Korean partner's current visa, its expiry date and any condition 8503, and advising whether to lodge onshore or offshore.
• Advising whether the couple can apply as spouses or de facto partners, and whether registering the relationship is the better course.
• Assessing the sponsor's eligibility under regulations 1.20J to 1.20KD, and identifying whether the sponsor needs a Korean police certificate because they lived in South Korea for 12 months or more.
• Advising on the Korea National Police Agency certificates for the partner, and on any Australian or third-country checks.
• Reviewing Korean family relation registration certificates, including the Marriage Relation Certificate, and advising on translations and name differences.
• Advising on household, financial and social evidence for couples who met on a working holiday or while studying.
• Reviewing the couple's relationship statement, which remains their own account, and the Form 888 statements.
• Preparing and lodging the application and sponsorship, responding to section 56 requests and section 57 letters, and advising on bridging visas and travel.
• Preparing and presenting an Administrative Review Tribunal review if the application is refused.

The firm's answer on whether a lawyer can help bring a spouse from South Korea to Australia explains the firm's approach to these matters. Consultations are by video, so couples in Australia and overseas can take part. The firm acts for clients across Australia, including through the Sydney partner visa lawyers, Melbourne partner visa lawyers, Brisbane partner visa lawyers and Gold Coast partner visa lawyers pages. Sponsorship and refusal matters are supervised by Weiwei Zhang, Principal Lawyer. The guide to complex partner visa lawyer work explains how difficult matters are handled.

If you want to sponsor partner from South Korea, or a sponsor partner from South Korea application has run into difficulty, Book a Consultation with My Migration Lawyers, or call 1300 040 300. Questions can also be sent through the contact page.