Sponsoring a Partner From South Sudan

If you want to sponsor partner from South Sudan, the answer is yes: an Australian citizen, Australian permanent resident or eligible New Zealand citizen can sponsor a South Sudanese spouse, de facto partner or fiancé, provided the sponsor is eligible and the relationship is genuine and continuing. To sponsor partner from South Sudan, couples normally 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 for an engaged couple.

The law is the same for every nationality. What makes these matters different is where the partner lives and what documents they hold. Years of conflict and displacement mean that many South Sudanese partners do not live in South Sudan at all. They live as refugees or residents in Kenya, Uganda, Egypt, Ethiopia or another country, sometimes in a camp or settlement and sometimes in a city. Many Australian sponsors came to Australia on humanitarian visas themselves. Their marriages are often customary marriages, negotiated between families and sealed with dowry cattle, sometimes while the sponsor was in Australia. This guide explains how the law deals with each of those facts. For the wider framework, read the complete guide to partner visas in Australia, and for the sponsor's side, the guide to being a partner visa sponsor.

Can you sponsor partner from South Sudan to Australia?

Yes. You can sponsor partner from South Sudan 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 the relationship is genuine and continuing.

There is no separate visa for those who sponsor partner from South Sudan. A South Sudanese partner applies under the same criteria in Schedule 2 to the Migration Regulations 1994 as any other applicant. The relationship, health, character, identity and sponsorship criteria are the same. The difference lies in proving them when the applicant is displaced, holds refugee documents rather than a full set of civil records, and married in a customary ceremony.

The relationship types are:

• Married. The couple are in a married relationship under section 5F of the Migration Act 1958, based on a marriage that is valid and recognised in Australia.
• De facto. The couple are in a de facto relationship under section 5CB of the Migration Act 1958, usually for at least 12 months before the application is made, unless an exception applies.
• Engaged. The couple have met in person since both turned 18 and intend to marry in Australia, and apply for the Subclass 300 Prospective Marriage visa.

The firm's answer on who can sponsor a partner visa summarises the basic rules.

Can you sponsor partner from South Sudan if they live in Kenya, Uganda or Egypt?

Yes. A partner visa is not tied to the applicant's country of citizenship. A South Sudanese partner who lives in Kenya, Uganda, Egypt or another country can apply for the offshore Subclass 309 and Subclass 100 visa from that country, as long as they are outside Australia when the application is made.

The application is lodged online through ImmiAccount. To sponsor partner from South Sudan, the application does not have to be lodged in South Sudan, and the applicant does not have to return to South Sudan to apply. When couples sponsor partner from South Sudan while the partner lives in a third country, that third country becomes central to the case. It affects which police certificates are needed, which identity documents the partner holds, how the couple have kept in contact and where the couple have been able to meet. The guide to the offshore partner visa and the Subclass 309 partner visa page explain the offshore pathway.

Living as a refugee or living as a resident

South Sudanese partners in third countries usually fall into two groups. Some are registered refugees or asylum seekers, holding documents issued by UNHCR or by the host government's refugee authority. Others are residents or students with a South Sudanese passport and a residence permit. Some have moved between both situations, and between countries, over many years.

The distinction matters to anyone who wants to sponsor partner from South Sudan, because it changes the evidence. A resident with a passport and a residence permit can usually obtain police certificates and civil documents in the ordinary way. A refugee may not hold a passport, may not be able to approach South Sudanese authorities, and may have identity records that were created at refugee registration rather than at birth. When you sponsor partner from South Sudan, the application should be built around the partner's real status, explained honestly and supported by the documents the partner actually holds.

What changes when the partner lives in a third country

For couples who sponsor partner from South Sudan, the practical consequences of third-country residence are:

• More police certificates. A certificate is usually needed from the country of residence as well as from South Sudan.
• Different identity documents. Refugee identity cards, registration certificates or residence permits may sit alongside, or instead of, a South Sudanese passport.
• Meetings in third countries. The sponsor may have travelled to Nairobi, Kampala, Cairo or a refugee settlement area to meet or marry the partner, rather than to South Sudan.
• Marriage law of the host country. A ceremony held in the host country is tested against that country's law.
• Remote contact. The relationship is often carried on by phone, messaging and money transfers across long distances.

Each of these is explained below, in the order couples who sponsor partner from South Sudan usually meet them.

Who can sponsor partner from South Sudan?

To sponsor partner from South Sudan, 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 prevented by the sponsorship limitations.

The guides for an Australian citizen partner visa sponsor and a permanent resident partner visa sponsor explain the evidence of status, and the guide on partner visa sponsor eligibility brings the rules together. The guide on proof of citizenship for a partner visa sponsor explains which documents prove the sponsor's status.

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. 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, with no separate notice to the sponsor. By sponsoring, the sponsor undertakes to support the applicant with accommodation and financial assistance, as reasonably necessary, for the first two years. The guides on partner visa Form 40SP and the partner visa sponsor undertaking explain these steps. There is no minimum income requirement, as the answer on whether a sponsor needs a minimum income explains.

Sponsors who came to Australia on a humanitarian visa

Many people who sponsor partner from South Sudan first came to Australia on a humanitarian visa. That history matters in two ways.

First, when you sponsor partner from South Sudan, the Department will compare what the sponsor declared in their own earlier visa application with what the couple now say. If the sponsor declared a spouse or partner when applying for their own visa, that record supports the relationship. If the sponsor said they were single at a time when the couple now say they were married or in a relationship, the Department will want an explanation. A relationship that was not declared is not automatically fatal, but it must be addressed honestly and early. The guide on an undeclared relationship in a partner visa explains the risk.

Second, regulation 2.03A(4) contains a specific exception to the 12-month de facto requirement. The 12-month minimum does not apply where the applicant's de facto partner holds or held a permanent humanitarian visa and told the Department about the relationship before that visa was granted. Department policy says this should be verifiable from Departmental records. A sponsor who declared the relationship at the time therefore has an advantage that a sponsor who did not declare it does not have.

Do sponsorship limitations and sponsor police checks apply?

Yes. When you sponsor partner from South Sudan, the sponsorship limitations and the sponsor police check rules apply in full, and they can stop the sponsorship being approved regardless of how genuine the relationship is.

Under regulation 1.20J of the Migration Regulations 1994, a person generally cannot sponsor more than two partners in a lifetime, and cannot sponsor a new partner within five years of the last sponsorship, unless there are compelling circumstances. A sponsor who was themselves granted a partner visa as a sponsored partner within the last five years faces a similar restriction. The commercial page on partner visa sponsorship limitations and the guide on when a sponsor cannot sponsor a partner visa explain the rules and the exceptions.

Under regulation 1.20KC, the Department may ask the sponsor for Australian and overseas police checks. A sponsor convicted of a relevant offence, with a significant criminal record for it, may have the sponsorship refused unless it is reasonable to approve it. A sponsor who does not provide requested checks within a reasonable time can also have the sponsorship refused. A sponsor who lived in Kenya, Uganda or Egypt before coming to Australia may be asked for a police certificate from that country too. The guide on the partner visa sponsor police check and the guide on a sponsor police check not provided explain the process.

How do you prove identity when you sponsor partner from South Sudan and the partner is a refugee?

Identity is proved by a consistent set of documents and explanations: the passport if the partner has one, any national identity or nationality document, the refugee or residence documents issued in the country of residence, and a clear explanation of any gap or difference between them. When you sponsor partner from South Sudan, identity is usually the issue that needs the most care.

The passport requirement

Partner visas are subject to public interest criterion 4021, the passport requirement. The applicant must either hold a valid passport issued by an official source, or it must be unreasonable to require the applicant to hold a passport. Department policy recognises that where it is unreasonable to require a passport, a visa can be linked to an ImmiCard instead. A South Sudanese partner who holds a valid South Sudanese passport should provide it. A partner who cannot safely or practically obtain one should explain why, with evidence, rather than leave the question unanswered. The answers on an expired passport during a partner visa and the guide on a change of passport during processing explain related issues.

Refugee documents as identity support

Refugee registration documents are not passports, but they are official records made at a known date by a known authority, and they can be valuable support for identity. Couples who sponsor partner from South Sudan often hold documents such as:

• Kenya. A refugee identification card issued by the Department of Refugee Services, a department within Kenya's Ministry of Interior, and UNHCR proof of registration.
• Uganda. A Temporary Asylum Seeker Attestation issued by the Office of the Prime Minister, bearing a file and case number, and later refugee documents.
• Egypt. A UNHCR registration card: the yellow card for registered asylum seekers or the blue card for recognised refugees, with a residence permit obtained from the Egyptian authorities.

When you sponsor partner from South Sudan, these documents show who the partner said they were when they registered, and with which family members. That is their strength and their risk. If the refugee registration records a different date of birth, a different spelling, a different spouse or different children from the partner visa application, the inconsistency must be explained. Many refugee records were created quickly, sometimes with estimated dates of birth or names spelt by someone else. An honest explanation, supported by any earlier documents, is far better than silence.

Consistency across every record

Names in many South Sudanese communities may follow a pattern of given name, father's name and grandfather's name, and spellings can vary when names are written in English, Arabic script or a local language. The same person may appear with different spellings in a passport, a UNHCR record, a school certificate and a marriage document. When you sponsor partner from South Sudan, the application should use the passport name, declare every other name and spelling, and explain each difference. The answers on different names or dates in documents and on a partner visa applicant with a different identity in past records, and the guide to Form 80 for a partner visa, explain how this is done.

Identity concerns are assessed under public interest criterion 4020, which deals with bogus documents and false or misleading information. A refusal under PIC 4020 for identity can carry a 10-year exclusion. The guides on partner visa PIC 4020 and on partner visa false documents, and the answer on what to do if you cannot get a birth or marriage certificate, explain the standard.

Which police certificates are needed to sponsor partner from South Sudan?

To sponsor partner from South Sudan, the applicant generally needs a police certificate from South Sudan and from every other country where they have lived for 12 months or more in the last 10 years since turning 16, which for a displaced partner often means the country of refuge as well.

The certificates most often involved

The certificates most often needed when couples sponsor partner from South Sudan are:

• South Sudan. A Certificate of Good Conduct issued by the South Sudan National Police Service in Juba, through the Criminal Investigation Department, and authenticated by the Ministry of Foreign Affairs. It is generally applied for in person in Juba with fingerprints. South Sudanese embassies abroad do not issue the certificate itself.
• Kenya. A Police Clearance Certificate issued by the Directorate of Criminal Investigations in Nairobi.
• Uganda. A Certificate of Good Conduct issued by the Directorate of Interpol and International Relations of the Uganda Police in Kampala. Non-citizens outside Uganda generally need fingerprints taken at a local police station.
• Egypt. A criminal record certificate, generally applied for at a local police station in Egypt, or through an Egyptian embassy or consulate outside Egypt.

The guide on partner visa overseas police certificates explains the general rules, and the guide on partner visa character requirements explains public interest criterion 4001 and section 501.

When a certificate cannot be obtained

Some partners cannot obtain a South Sudan certificate, for example because they cannot travel to Juba or because approaching the authorities is unsafe or impossible. This is a common problem for couples who sponsor partner from South Sudan, and it should be raised with the Department, not ignored. Department policy allows a police certificate requirement to be waived in some cases, and the penal waiver process requires a statutory declaration from the applicant explaining the efforts made to obtain the certificate and stating any convictions. The answer on what to do if you cannot get a police certificate explains the usual approach.

Never obtain a certificate through a middleman who offers to arrange it without the applicant's own application and fingerprints. A certificate that turns out to be bogus can lead to refusal under PIC 4020, even if the applicant did not know it was false. Couples who sponsor partner from South Sudan should insist that every certificate is obtained through the proper channel and kept with its receipts.

Police certificates have a limited validity period for visa purposes and can expire during long processing times. The answer on how long police certificates and health checks are valid and the guide on expired police checks explain when to obtain them.

Is a customary marriage with dowry cattle enough to sponsor partner from South Sudan?

It can be, but only if the marriage was valid under the law of the place where the ceremony took place. To sponsor partner from South Sudan as a married couple, the marriage must be recognised under Part VA of the Marriage Act 1961, which generally recognises an overseas marriage if it was valid where it was celebrated, subject to exceptions such as a party already being married, a prohibited relationship, a party being under age, or a lack of real consent.

Customary marriage in South Sudan

Customary marriage is central to family life in many South Sudanese communities. The marriage is usually negotiated between the two families, and the bride's family receives a bride price, often paid in cattle. The Transitional Constitution of South Sudan lists customs and traditions among the sources of legislation, and provides that no marriage may be entered into without the free and full consent of the man and woman intending to marry. A customary marriage celebrated in South Sudan according to the customs of the families' community may therefore be valid in South Sudan. Whether a particular marriage was valid depends on its facts, and the couple should be ready to show how the ceremony was conducted, who took part and what was agreed.

The country where the ceremony took place decides the law

This is the point that most couples who sponsor partner from South Sudan miss. Department policy states that a marriage not recognised in the country in which it was solemnised will not be recognised under the Marriage Act or the Migration Act 1958. If a South Sudanese couple living in Kenya, Uganda or Egypt held their customary ceremony there, the question is whether the marriage was valid under Kenyan, Ugandan or Egyptian law, not South Sudanese law.

For example:

• Kenya. Kenya's Marriage Act recognises customary marriages. The Marriage (Customary Marriage) Rules 2017 provide for notice of a customary marriage to the Registrar, an application for registration under section 55 of that Act, and the issue of a Certificate of Customary Marriage.
• Uganda. Uganda's Customary Marriage (Registration) Act requires customary marriages to be registered, generally within six months of the ceremony, and has a separate notice procedure for persons who do not belong to an indigenous tribe of Uganda.
• Egypt. A customary ceremony held in Egypt between South Sudanese nationals should be checked against Egyptian law and the procedures available to foreign nationals before the couple rely on it.

When couples sponsor partner from South Sudan after a ceremony in a third country, the safest course is to obtain the marriage certificate or registration that the host country's law provides for, or to obtain advice on whether the ceremony was valid there. The guides on overseas marriages recognised in Australia and on an overseas marriage that is not recognised, and the answers on religious or cultural marriages and an unregistered marriage, explain the tests.

When the sponsor was not present at the ceremony

Many customary marriages are concluded between families while the sponsor is in Australia. The cattle are agreed and paid, the families celebrate, and the couple are married in the eyes of their community. Australian law treats this carefully. Department policy states that Australian law requires consent to be given by both parties in person, and that a marriage where consent was given by proxy may be recognised only if the law of the place of the marriage permits proxy consent, the marriage complied with that law, and both parties gave real consent. The answer on proxy and online marriages for a spouse visa explains the rule. Couples who sponsor partner from South Sudan after a ceremony the sponsor did not attend should get advice before describing themselves as married in the application.

Polygamy, earlier marriages and age

Department policy states that only the first marriage in a polygamous situation is capable of being recognised as a valid marriage, and that if either party has a concurrent marital relationship, neither relationship can satisfy section 5F. Any earlier marriage of either partner must have ended by death, divorce or permanent separation. An under-age marriage is not recognised. The answers on polygamous marriages and the spouse visa and the guide on applying for a partner visa while still married explain the risk.

Dowry cattle as evidence of commitment

The cattle are not a legal requirement under Australian law, and paying them does not by itself prove a valid marriage. But the negotiations, the families' involvement and the ceremony are strong evidence of the nature of the commitment and of the social recognition of the relationship. Evidence can include letters from family elders or chiefs describing the agreement, photographs and video of the ceremony, records of payments and statements from people who attended, translated where needed. When you sponsor partner from South Sudan, this evidence shows the case officer that the marriage was a serious family commitment. The guides on partner visa cultural differences and on arranged marriages and partner visas explain how cultural practice is assessed.

When a de facto or Subclass 300 application fits better

If the marriage cannot be shown to be valid, the couple may apply as de facto partners under section 5CB, but only if they have a mutual commitment to a shared life and do not live separately and apart on a permanent basis, usually for 12 months before applying. A couple who have rarely or never lived together may find this difficult, unless the regulation 2.03A(4) humanitarian exception applies. Couples who have met in person since both turned 18 and want to marry in Australia may consider the Subclass 300 instead. The guide to the de facto partner visa in Australia and the answer on the Prospective Marriage visa requirements explain the options.

What evidence of contact do you need to sponsor partner from South Sudan?

The Department assesses the relationship across the four aspects in regulation 1.15A(3): the financial aspects, the nature of the household, the social aspects and the nature of the commitment. When couples live apart across continents, evidence of regular contact and support is often the core of the case.

The four aspects are assessed by the Department, not written up as separate statements. The written evidence is one relationship statement from each partner, in their own words, plus Form 888 statements from people who know the couple. The guides on the four aspects of a partner visa relationship, the relationship statement for a partner visa and Form 888 witness statements explain how these are prepared.

Communication

For couples who sponsor partner from South Sudan, call logs, messaging histories and video call records across the whole relationship show that contact was regular and continuing. Representative samples, not every message, should be provided, and messages in Arabic, Dinka, Nuer or another language should be translated in part so the case officer can understand them. The answers on messages, emails and call records, translating messages and couples who speak different languages, and the guide on partner visa chat evidence, explain the approach.

Money transfers and support

Many Australians who sponsor partner from South Sudan send money to support a partner living as a refugee or resident in another country. Remittance receipts and mobile money records showing regular transfers to the partner, in the partner's name, are strong evidence of the financial aspect and of the sponsor's commitment. Where money was sent through a relative because the partner could not receive it directly, that should be explained. The answer on money transfers as relationship evidence and the guide on partner visa financial evidence explain what helps.

Visits and time together

Every visit to Kenya, Uganda, Egypt or South Sudan to see the partner should be documented with passport stamps, tickets, accommodation records and photographs. Visits show that the relationship exists face to face, not only by phone. When you sponsor partner from South Sudan, a short visit for the ceremony followed by years of contact is common, and the evidence should show how the relationship was maintained in between. The guides on partner visa travel evidence and long-distance partner visa relationships explain this further.

Family and community evidence

Family and community support is often strong for couples who sponsor partner from South Sudan, because marriage is a family event. Form 888 statements from Australian citizens or permanent residents in the South Sudanese community who know the couple, and statements from relatives overseas, can add independent support. The answer on statements from overseas friends explains how overseas witnesses can help.

What are the steps to sponsor partner from South Sudan?

The steps to sponsor partner from South Sudan are: check the sponsor, confirm the legal basis of the relationship, gather identity and refugee or residence documents, obtain police certificates from every relevant country, prepare the relationship evidence, lodge the visa application, lodge the sponsorship, and respond to the Department until the decision.

• Check the sponsor. Confirm the sponsor is an Australian citizen, permanent resident or eligible New Zealand citizen, aged 18 or over, and not caught by regulation 1.20J or regulation 1.20KC. Review what the sponsor declared about the relationship in their own earlier visa application.
• Confirm the relationship basis. Decide whether the couple will rely on a marriage, and if so where it was celebrated and whether it was valid there, or on a de facto relationship, or on an engagement for the Subclass 300.
• Collect identity documents. The passport if held, any nationality or identity document, and the refugee or residence documents from the country of residence.
• Reconcile the records. Compare names, dates of birth, spouses and children across every record and prepare a written explanation of each difference.
• Obtain police certificates. From South Sudan and from each country where the partner has lived for 12 months or more in the last 10 years since turning 16, through the proper channels.
• Prepare relationship evidence. One relationship statement from each partner, Form 888 statements, and evidence of contact, money transfers, visits and the ceremony.
• Translate. Provide English translations of every document that is not in English.
• Lodge the visa application. The applicant lodges online through ImmiAccount, from outside Australia for a Subclass 309, and the charge is paid.
• Lodge the sponsorship. The sponsor lodges the sponsorship using the applicant's transaction reference number.
• Respond to requests. Attend health examinations and biometrics as directed, and answer any request for information on time.

Following these steps in order is the most reliable way to sponsor partner from South Sudan without avoidable delay. The guides on how to apply for a partner visa, partner visa ImmiAccount uploads, partner visa evidence translation and the partner visa document checklist explain the mechanics.

How much does it cost and how long does it take to sponsor partner from South Sudan?

The government charge for a partner visa starts from AUD 11,710 for the main applicant, for both the onshore and offshore combined applications, as published by the Department and checked on 13 October 2026. Additional charges apply where dependent children are included in the application. Couples who sponsor partner from South Sudan should also budget for police certificates from more than one country, translations, health examinations and travel to appointments. The guide to partner visa costs explains the charges.

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. These figures are global, not country-specific, and they change regularly. Identity questions, missing police certificates and unexplained differences between refugee records and the application are common causes of delay. The guide to partner visa processing times explains what affects them.

What health and biometric checks apply to a partner living in a third country?

A South Sudanese partner must meet the health requirement, and must give biometrics if the Department asks, through the providers and locations the Department nominates for the country where the partner lives. Applicants should follow the instructions in the Department's request rather than assume a location or provider.

Health examinations are carried out by panel physicians approved by the Department, and may include a chest x-ray. The partner must also meet public interest criterion 4020, the debts to the Commonwealth criterion and the Australian values statement. A partner living in a camp or settlement may need to travel to a city for appointments, and the timing should be planned so documents do not expire. The guides on the partner visa medical examination, partner visa health requirements, tuberculosis and partner visas and partner visa biometrics explain each step.

What if the South Sudanese partner is already in Australia?

If the South Sudanese partner is already in Australia, the couple may be able to apply onshore for the Subclass 820 visa, but only if the partner can make a valid application in Australia and can meet or be excused from the Schedule 3 criteria.

A partner who holds a visa with condition 8503 (no further stay) cannot make a valid onshore application unless the condition is first waived, and this rule applies equally to those who sponsor partner from South Sudan. A partner who does not hold a substantive visa when applying must usually satisfy Schedule 3 criteria 3001, 3003 and 3004, which can be waived for compelling reasons. The Subclass 820 partner visa page, the page on Schedule 3 waivers and the answer on condition 8503 and partner visas explain the rules, and the answer on the Subclass 820 versus the Subclass 309 helps couples choose.

Why are partner visas for South Sudanese partners refused?

Partner visas for South Sudanese partners are usually refused because the Department is not satisfied of the applicant's identity, the marriage is not shown to be valid where it took place, a police certificate is missing or doubted, the relationship evidence is thin or inconsistent, or the sponsorship is not approved.

When you sponsor partner from South Sudan, the most common refusal risks are:

• Identity. Unexplained differences between the passport, refugee records and the application in names, dates of birth or family members.
• Marriage validity. A customary ceremony in a third country that was not valid or registered under that country's law, or a ceremony the sponsor did not attend.
• Police certificates. A certificate missing for a country of residence, or a certificate obtained through a middleman that is found to be bogus.
• Undeclared relationships. A sponsor who declared themselves single in an earlier visa application without an explanation.
• Thin contact evidence. Long separations with little proof of communication, support or visits.
• Sponsor problems. Sponsorship limitations or police checks not provided.

Most of these risks can be reduced before lodgement, which is why preparation matters so much when you sponsor partner from South Sudan. The guides on why partner visas get refused, on a partner visa refused for false information, on the Department's section 56 requests and on the section 57 natural justice letter explain these grounds. The firm's partner visa refusals page explains how refused matters are handled.

Can a refused Subclass 309 visa be reviewed at the ART?

Yes. A refusal of a Subclass 309 visa can generally be reviewed by the Administrative Review Tribunal, and the visa applicant applies in their own name, from wherever they live, within 28 days after being notified of the decision.

The 28-day limit comes from section 347 of the Migration Act 1958, and the Tribunal cannot extend it. The limit is 7 working days for a person in immigration detention. The ART application fee is AUD 3,727. A South Sudanese partner living in Kenya, Uganda or Egypt can therefore apply for review from that country. For a Subclass 820 refusal, the applicant applies and must be in Australia. The Tribunal reconsiders the matter on the evidence before it at the time of its own decision, so couples who sponsor partner from South Sudan can provide police certificates, identity explanations and marriage registration documents that were missing before. 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 steps.

What have Tribunal decisions said about refugee applicants and police certificates?

Tribunal decisions show that applicants living as refugees in a third country, and police certificates from countries of residence, are matters the Tribunal examines closely, and that refusals on these issues can be sent back to the Department when the evidence is properly put.

In 2201197 (Migration) [2024] AATA 672, a Subclass 309 matter, the issues recorded were a genuine and continuing relationship, a visa applicant who was currently a refugee in a third country, a couple validly married in a fourth country, and the nature of the commitment. The Tribunal remitted the matter, which means it sent the matter back to the Department for reconsideration.

In Noor Dimbil (Migration) [2021] AATA 846, a Subclass 309 matter, the issues recorded were a bogus police check document provided, an applicant who no longer had valid UNHCR documents, help obtained from a third party, and an applicant unaware of the document's bogus status. The Tribunal remitted the matter to the Department for reconsideration.

In Villarba (Migration) [2022] AATA 2781, a Subclass 820 matter, the issues recorded were criminal history, a statement by an appropriate authority, a National Police Service of Kenya Police Clearance Certificate and an Australian Federal Police certificate. The Tribunal remitted the matter to the Department for reconsideration.

The records of these decisions do not say that any of them involved a South Sudanese applicant, and none guarantees any result in another case. Each turns on its own evidence. They show that couples who sponsor partner from South Sudan and face a refusal on third-country residence or police certificate grounds may be able to put better evidence before the Tribunal.

How My Migration Lawyers helps you sponsor partner from South Sudan

My Migration Lawyers acts for Australian sponsors and their partners in partner visa matters involving refugee and third-country residence, customary marriages, identity documents issued at refugee registration and police certificates from several countries, and it is capable of handling a matter to sponsor partner from South Sudan from the first assessment through to the decision and, where 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 South Sudan, the firm's work typically includes:

• Checking the sponsor's history. Confirming eligibility, testing regulation 1.20J and regulation 1.20KC, and reviewing what the sponsor declared about the relationship in their own earlier visa application.
• Testing the marriage. Identifying where the customary ceremony took place, whether it was valid and registered under that country's law, whether both partners gave consent in person, and whether a de facto or Subclass 300 application is the safer basis.
• Reconciling identity. Reviewing the passport, nationality documents and refugee or residence documents from Kenya, Uganda, Egypt or elsewhere, and preparing a clear explanation of every difference in names, dates and family details.
• Planning police certificates. Identifying every country that requires a certificate, explaining the proper channel for each, and raising any genuine inability to obtain a certificate with the Department.
• Presenting the relationship evidence. Organising evidence of contact, money transfers, visits and the ceremony across the four aspects. Each partner's relationship statement is their own account, reviewed and corrected by them, and 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 presenting an Administrative Review Tribunal review if a visa is refused.

The firm's partner visa lawyers work with sponsors in every Australian State and Territory, including through the firm's pages for Melbourne, Adelaide, Brisbane, Perth and Sydney, and with partners overseas, by video. The guides on complex partner visa lawyer work and on the offshore partner visa lawyer explain how the firm approaches this work. Matters are supervised by Weiwei Zhang, Principal Lawyer.

If you want to sponsor partner from South Sudan and your partner lives in Kenya, Uganda, Egypt or another country, Book a Consultation with My Migration Lawyers, or call 1300 040 300.