Sponsoring a Partner From Sri Lanka

Australians who want to sponsor partner from Sri Lanka can do so through the Australian partner visa program if the sponsor is eligible and the couple can prove a genuine and continuing relationship, as spouses, as de facto partners or as an engaged couple. The first decisions when you sponsor partner from Sri Lanka are whether the sponsor meets the sponsorship rules, which visa fits where the Sri Lankan partner is now, and whether the marriage, if there is one, is recognised in Australia.

This guide is written for the sponsor in Australia. It explains how to sponsor partner from Sri Lanka through the Subclass 309, Subclass 300 and Subclass 820 visas, how marriages registered in Sri Lanka and arranged marriages are treated, the Sri Lankan documents and police certificates usually needed, the visa history issues that arise when the partner is already in Australia, and how refusals are reviewed.

For the wider framework, the complete guide to partner visas in Australia explains every stage. The firm's country guide on the Australian partner visa for Sri Lankan citizens is written from the applicant's side, and the short answer on whether a lawyer can help bring a spouse from Sri Lanka explains where legal help adds value.

Can an Australian sponsor partner from Sri Lanka?

Yes. An Australian citizen, Australian permanent resident or eligible New Zealand citizen who is at least 18 can sponsor partner from Sri Lanka, provided the Department of Home Affairs approves the sponsorship under Division 1.4B of the Migration Regulations 1994.

The sponsor is assessed in their own right. The main requirements are:

• Status. The sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Apart from an eligible New Zealand citizen, a person who holds only a temporary visa cannot sponsor a partner. The short answer on whether a temporary visa holder can sponsor a partner and the guide on a partner visa sponsor on a temporary visa explain why.
• The limitation in regulation 1.20J. In summary, a person may have at most two approved partner sponsorships, and cannot have another approved until at least five years after the first visa application they sponsored. A person who was themselves sponsored as a partner cannot sponsor within five years of their own visa application. The limits can be waived where there are compelling circumstances affecting the sponsor.
• Sponsor character. Under regulation 1.20KC, the sponsorship must be refused if the sponsor has been convicted of a relevant offence and has a significant criminal record for it, unless approval is reasonable.
• Undertakings. The sponsor undertakes to provide financial assistance and accommodation for the first two years. The article on partner visa sponsor obligations explains what that means.

Many Australians who sponsor partner from Sri Lanka were born in Sri Lanka and became permanent residents through a skilled, family or humanitarian visa. Each of these sponsors can sponsor once they hold permanent residence or citizenship. The guides on the sponsor who recently became a permanent resident, the sponsor who holds a skilled or employer sponsored PR and the permanent resident partner visa sponsor explain the evidence.

Sponsors who came to Australia as refugees

A sponsor who was granted a humanitarian or protection visa can sponsor a partner. The short answer on whether a former refugee can sponsor a partner visa explains the position.

Two points need care. First, if the sponsor was already in a relationship with the partner when the sponsor's own visa was granted, the sponsor's earlier statements to the Department about family and relationships will be compared with the partner visa application. Any difference must be explained. Second, for the Subclass 820, clause 820.211(2B) prevents a person from being a sponsoring partner where the sponsor was granted a Subclass 204 (Woman at Risk) visa within the preceding five years and the applicant was a former partner of the sponsor, or a partner not declared to the Department, when that visa was granted.

The firm's page on partner visa sponsorship limitations and the guide on partner visa sponsor eligibility explain every bar on sponsorship.

Which visa should you use to sponsor partner from Sri Lanka?

The visa used to sponsor partner from Sri Lanka depends on whether the couple are married, de facto or engaged, and where the Sri Lankan partner is when the application is made. A partner in Sri Lanka applies for the Subclass 309 and Subclass 100 or, if engaged, the Subclass 300. A partner already in Australia on a suitable visa may apply for the Subclass 820 and Subclass 801.

The main pathways are:

• Subclass 309 offshore partner visa. All applicants for a Subclass 309 must be outside Australia at the time of application, and the visa is generally granted while the applicant is outside Australia. The firm's page on the Subclass 309 partner visa explains the offshore stream, and the short answer on help with an offshore Subclass 309/100 partner visa explains what a lawyer does.
• Subclass 300 prospective marriage visa. The engaged partner must have met the sponsor in person since turning 18, and the couple must genuinely intend to marry and live together as spouses. The page on the Subclass 300 prospective marriage visa explains the requirements.
• Subclass 820 onshore partner visa. The partner must be in Australia when the application is made. The page on the Subclass 820 partner visa explains the onshore stream.

The comparison of onshore and offshore partner visas sets out the trade-offs, including work rights, travel and bridging visas.

Can you sponsor partner from Sri Lanka as a de facto partner?

Yes. Couples who are not married can sponsor partner from Sri Lanka as de facto partners if the relationship has generally existed for at least 12 months before the application, and the couple have a mutual commitment to a shared life to the exclusion of all others and live together or do not live separately and apart on a permanent basis.

Section 5CB of the Migration Act and regulation 2.03A set out these requirements. De facto applications are most common where the couple met and lived together in Australia, for example while the Sri Lankan partner was studying. Time spent living together in Australia, Sri Lanka or a third country counts. The short answer on whether living together overseas counts towards the 12 months and the guide on the Subclass 820 de facto 12-month rule explain how the period is measured.

The 12-month requirement does not apply where the relationship is registered under a law of an Australian State or Territory. For couples who sponsor partner from Sri Lanka while both partners live in Australia, registration can be a practical step. The guide to the de facto partner visa in Australia explains the pathway in full.

What if the Sri Lankan partner is already in Australia?

A Sri Lankan partner who is already in Australia can usually apply for the Subclass 820 onshore if the partner holds a substantive visa on the day of lodgement and that visa does not carry a no further stay condition. If the partner's visa has expired, or the partner has been refused a visa since last arriving, additional rules apply.

A large share of couples who sponsor partner from Sri Lanka met in Australia while the partner was studying or working here. The questions that decide whether an onshore application is possible are:

• Is the current visa still in effect? An application lodged while a substantive visa is in effect does not attract the Schedule 3 criteria. The guide on applying for a partner visa before a visa expires explains the timing.
• Does the visa carry condition 8503? If so, a valid onshore application cannot be made unless the condition is waived. The guides on condition 8503 and no further stay and the condition 8503 waiver explain the process.
• Is the partner a student? The guide on a partner visa while on a student visa explains how the student visa and the partner visa interact.
• Has the partner been refused a visa in Australia? Section 48 of the Migration Act limits the visas a person can apply for in Australia after a refusal, but a partner visa is one of the visas that remains available. The guide on the section 48 bar explains the rule.

If the partner no longer holds a substantive visa, the Schedule 3 criteria apply unless there are compelling reasons not to apply them. The firm's page on Schedule 3 waivers explains the test, and the guide on Schedule 3 for former student visa holders applies it to students. The firm's urgent partner visa lodgement page deals with visas that are about to expire.

Partners visiting Australia on a visitor visa

A Sri Lankan partner who travels to Australia on a visitor visa holds a substantive visa while it is in effect, so a Subclass 820 application made during the visit does not attract the Schedule 3 criteria. Two problems arise. If the visitor visa carries condition 8503, a valid onshore application cannot be made unless the condition is waived. And a visitor must be a genuine visitor when the visa is granted and on entry, so answers given in the visitor visa application about the relationship and the purpose of the trip will be examined later.

Couples who sponsor partner from Sri Lanka and plan a visit before deciding on a pathway should check the visitor visa conditions and the answers in the visitor application first. The short answers on whether to mention a partner on a visitor visa application and on bringing a spouse to Australia on a visitor visa explain the risks, and the guide on a partner visa after a visitor visa refusal explains what happens if the visitor visa is refused.

Partners with a protection visa history

Some partners already in Australia have applied for, or been refused, a protection visa. A partner visa can still be available to them, subject to section 48 and, where the partner does not hold a substantive visa, the Schedule 3 criteria. Information given in the earlier application will be on the Department's file and must be consistent with the partner visa application. The guide on a partner visa after a protection visa refusal and the short answer on a lawyer for a partner visa after a protection refusal explain the position.

Is a Sri Lankan marriage recognised in Australia?

Yes, generally. A marriage solemnised in Sri Lanka is recognised in Australia if it was valid under Sri Lankan law and none of the grounds for non-recognition in the Marriage Act 1961 applies. The registered marriage certificate is the key document.

Department policy states that a marriage not recognised in the country where it was solemnised will not be recognised under the Marriage Act or the Migration Act. Sri Lanka has more than one system of marriage law, which can apply to a couple depending on their community and religion, and a marriage must comply with the law that applies to it. A religious or customary ceremony is an important part of the relationship evidence, but couples who sponsor partner from Sri Lanka should not assume that a ceremony alone proves a legally valid marriage. The registered marriage certificate issued under Sri Lankan law should be obtained.

The firm's guides on whether an overseas marriage is recognised in Australia, on whether a religious or cultural marriage is recognised and on whether a marriage certificate is enough for a spouse visa explain the general rules.

The Marriage Act grounds for non-recognition that matter most for couples who sponsor partner from Sri Lanka are:

• An existing marriage. If either party was still married when the marriage took place, the new marriage is not recognised. Department policy states that only the first marriage in a polygamous situation is capable of recognition, and that a concurrent second marriage is not recognised even after the first marriage ends, although the couple may later satisfy the de facto definition.
• Underage marriage. Under section 88D of the Marriage Act, a foreign marriage where a party was under 18 is recognised only in limited circumstances, and never where either party was domiciled in Australia at the time of the marriage.
• Real consent. A marriage where either party did not give real consent is not recognised.
• Prohibited relationships. These are limited to ancestors and descendants, and siblings. Department policy confirms that marriages between cousins are not prohibited.

The guides on a partner visa while still married and a partner visa after divorce explain how an earlier marriage is treated.

Are arranged marriages accepted when you sponsor partner from Sri Lanka?

Yes. An arranged marriage is recognised as a marriage if both parties gave real consent, but Department policy tells decision makers to take particular care in assessing whether the couple have a mutual commitment to a shared life as a married couple and whether the relationship is genuine and continuing.

Department policy states that the fact that a marriage was arranged by relatives, friends or marriage brokers does not by itself affect recognition of the marriage. The care is directed to the relationship that follows. Couples who sponsor partner from Sri Lanka after a family introduction should expect questions about how they came to know each other, how the decision to marry was made, and what their relationship has looked like since.

Published Tribunal decisions on arranged marriages show the issues that arise. The database of decisions does not record the country involved in these cases, and they are cited for the arranged marriage issues only:

• In Asim (Migration) [2020] AATA 2598, a Subclass 309 matter, the issues recorded were a spouse relationship, a genuine and continuing relationship, an arranged marriage and a valid marriage in the home country. The Tribunal remitted the matter.
• In 1803597 (Migration) [2019] AATA 508, a Subclass 309 matter, the issues recorded were a genuine and continuing relationship, an arranged marriage, living in separate countries and little time spent together. The Tribunal remitted the matter.
• In Gillard (Migration) [2019] AATA 2934, a Subclass 309 matter, the issues recorded were concern about the reliability of certain evidence, a language barrier, an arranged marriage and that relatives' evidence was credible. The Tribunal remitted the matter.

These decisions show that limited time together, communication across languages and the role of family were all matters examined on review. The guides on the arranged marriage partner visa and a partner visa refused over an arranged marriage explain how to present this kind of relationship.

A forced marriage is different. Department policy explains that forced marriage is an offence under the Criminal Code and that decision makers must be alert to it. A marriage entered into without full and free consent is not a genuine basis for a partner visa.

What documents are needed to sponsor partner from Sri Lanka?

To sponsor partner from Sri Lanka, the couple usually need the Sri Lankan partner's passport, birth certificate and national identity document, the registered marriage certificate if married, evidence that any previous marriage ended, police certificates, the sponsor's proof of Australian status and relationship evidence, with English translations of anything not in English.

From the Sri Lankan partner, the Department will usually expect:

• a current Sri Lankan passport;
• a birth certificate and national identity card;
• the registered marriage certificate, if married;
• a divorce decree or death certificate for any previous marriage;
• evidence of any change of name;
• police certificates; and
• health examinations when requested.

From the sponsor, the Department will usually expect proof of Australian citizenship, permanent residence or eligible New Zealand citizen status. The guides on partner visa sponsor documents, sponsor proof of citizenship or residence and the Form 40SP sponsorship form explain each item.

Translations from Sinhala and Tamil

Sri Lankan civil documents may be issued in Sinhala, Tamil or English, or a mix of them. Every document in a language other than English must be accompanied by an accurate English translation. The translation should cover the whole document, including registration numbers and annotations.

For couples who sponsor partner from Sri Lanka, names cause most of the problems. Sri Lankan names can be recorded in different orders, with or without initials, and with different English spellings across the birth certificate, passport, national identity card and earlier Australian visa applications. Each version of each name should be listed, with an explanation of where it comes from. The guides on partner visa evidence translation and on translating a marriage certificate explain the standard, and the short answer on what to do if a birth or marriage certificate cannot be obtained covers missing records.

What police checks are needed to sponsor partner from Sri Lanka?

A Sri Lankan partner will normally need a police certificate from Sri Lanka and from every other country where the partner has lived for a total of 12 months or more in the last 10 years since turning 16, and an Australian National Police Check if the partner has lived in Australia for 12 months or more.

For couples who sponsor partner from Sri Lanka, the Department's country information page sets out the Sri Lankan certificate it accepts and how to apply. Partners who have studied or worked in Australia or in other countries will often need several certificates. The guide on overseas police certificates for a partner visa explains the process, and the short answer on how long police certificates and health checks are valid explains timing.

Does the sponsor need a Sri Lankan police certificate?

Possibly. A sponsor may be asked for a police certificate from each country, other than Australia, where the sponsor has lived for 12 months or more in total since the later of 10 years before the request and the sponsor turning 16. A sponsor who wants to sponsor partner from Sri Lanka after returning there for long periods, or who arrived in Australia within the last 10 years, may be asked for a Sri Lankan certificate. Foreign police certificates in a language other than English must be accompanied by an accurate English translation.

The guide to the partner visa sponsor police check and the article on the AFP police check explain the process. A sponsor who does not provide requested checks within a reasonable time gives the Department grounds to refuse the sponsorship.

What relationship evidence helps when you sponsor partner from Sri Lanka?

The evidence that helps most when you sponsor partner from Sri Lanka is evidence created over the life of the relationship that shows its financial, household, social and commitment aspects, with a clear account of how the couple met, how any family introduction happened and how the relationship developed.

Regulation 1.15A (married couples) and regulation 1.09A (de facto couples) require the Department to consider all of the circumstances. For couples living between Sri Lanka and Australia, the strongest evidence usually includes:

• Time together. Records of visits, including passport stamps and bookings. The guide on partner visa travel evidence explains how to present them.
• Communication. Regular contact across the whole relationship. The guide on chat evidence for a partner visa explains what is useful.
• Financial support. Money transfers and shared spending. The short answer on whether money transfers count as relationship evidence explains their value.
• Family and social recognition. Engagement and wedding events, family involvement and Form 888 statements from Australian citizens, permanent residents or eligible New Zealand citizens who know the couple. The short answers on whether wedding photos are enough and on statements from overseas friends explain the limits of each.

Where couples who sponsor partner from Sri Lanka did not live together before marriage for cultural or religious reasons, that should be explained directly. The short answer on a partner visa where culture or religion stops a couple living together and the guide on the long-distance partner visa relationship explain how this is assessed. The guide on the four pillars of a partner visa sets out the framework.

What are the common refusal risks when you sponsor partner from Sri Lanka?

The common refusal risks when you sponsor partner from Sri Lanka are doubts about whether the relationship is genuine, inconsistencies between the partner visa application and earlier Australian visa applications, problems with the registration of the marriage, undisclosed previous relationships, invalid onshore applications, and sponsor eligibility issues.

The risks to plan for are:

• Genuineness. A short relationship, an arranged marriage or limited time together attracts closer scrutiny. None of these makes a relationship non-genuine, but each needs evidence and explanation. The guide on non-genuine relationship refusals explains the test.
• Earlier visa applications. Student, visitor and other applications made by the partner are on the Department's file. What was said there about marital status, relationships, study and finances will be compared with the partner visa application. Information found to be false or misleading can lead to refusal under public interest criterion 4020. The guides on PIC 4020 for partner visas and false documents in a partner visa explain the risk.
• Previous refusals. A previous visa refusal must be disclosed where the forms ask. The short answer on disclosing a previous visa refusal and the guide on a partner visa after a student visa refusal explain how it is handled.
• Marriage registration. A ceremony that was not registered, or an earlier marriage that had not ended, can prevent the couple applying as spouses.
• Sponsor eligibility. A sponsor who sponsored a previous partner, or was sponsored, within five years needs compelling circumstances. The guide on when a sponsor cannot sponsor a partner visa explains the limits.

The guide on partner visa refusal reasons explains the wider pattern of refusals across the program. Most of the risks above can be found and dealt with before anyone tries to sponsor partner from Sri Lanka, rather than after a refusal.

What should a sponsor check before lodging?

Before lodging, a sponsor should confirm their own eligibility, the partner's full visa history, the validity and registration of the marriage, and the consistency of every name and date across the documents. Most refusals in this area trace back to a problem that existed on the day of lodgement.

A practical pre-lodgement review for anyone planning to sponsor partner from Sri Lanka covers:

• The sponsor's history. Any previous partner sponsorship, any partner visa the sponsor held, and the dates of the applications involved, measured against the five-year rule in regulation 1.20J.
• The sponsor's own visa file. For a sponsor who arrived on a humanitarian or family visa, what the sponsor told the Department about relationships and family at the time.
• The partner's visa history. Every Australian visa application the partner has made, with the answers given about marital status, relationships and finances, and any refusal.
• The marriage record. Whether the marriage was registered under Sri Lankan law and whether every earlier marriage of either party had ended first.
• Names and dates. Whether the names, initials and dates of birth match across the passport, birth certificate, national identity card, translations and earlier applications.
• The partner's current visa. For a partner in Australia, whether the visa is in effect and free of condition 8503 on the day of lodgement.

The guide on the partner visa sponsor risk assessment explains how a sponsor's history is reviewed, and the guide on partner visa application mistakes explains the errors that most often lead to refusal. A sponsor who wants to sponsor partner from Sri Lanka and finds a problem at this stage still has options. The same problem found after a refusal is harder to fix.

What if the Sri Lankan partner has children?

Children of the Sri Lankan partner can be included as secondary applicants if they meet the requirements. Where a child is migrating, the Department generally requires evidence that any other parent with a legal right to decide where the child lives consents, or a court order that allows the child to live in Australia.

For sponsors who sponsor partner from Sri Lanka where the partner has children from a previous relationship, custody and consent should be resolved before lodgement. The guides on partner visa child custody and consent and on adding children to a partner visa explain the evidence.

How much does it cost to sponsor partner from Sri Lanka?

The partner visa application charge to sponsor partner from Sri Lanka is AUD 11,710 for most applicants at the time of writing, for either the Subclass 309 and Subclass 100 or the Subclass 820 and Subclass 801. The charge is reviewed each year, usually from 1 July.

A Subclass 300 holder who marries and then applies for the Subclass 820 pays a separate, lower charge at that later stage. Additional charges apply for dependent children. Third-party costs include translations, police certificates, health examinations and document fees in Sri Lanka. The guide to partner visa cost explains the charges, and the short answer on who pays the partner visa fee explains that either partner can pay.

How long does it take to sponsor partner from Sri Lanka?

There is no fixed processing time to sponsor partner from Sri Lanka. The Department publishes processing time information for each subclass, and actual times depend on how complete the application is, how quickly requested documents, checks and health examinations are provided, and the volume of applications.

Applications to sponsor partner from Sri Lanka that include complete translations, police certificates for every country required and consistent identity records avoid the most common delays. The guides on partner visa processing times, partner visa health requirements and the partner visa medical examination explain what to expect.

Once a Subclass 309 visa is granted, the partner must make a first entry to Australia before the date specified in the grant. The guide on the partner visa first entry deadline explains this. The permanent Subclass 100 or Subclass 801 is usually assessed about two years after the combined application, and the guide to the partner visa two-stage process explains that stage. For an onshore applicant, the guide on partner visa bridging visa work rights explains work rights during processing.

What happens after the visa is granted?

After the first visa is granted, the permanent Subclass 100 or Subclass 801 is usually assessed about two years after the combined application was made. The couple must then show the relationship is still genuine and continuing.

For sponsors who sponsor partner from Sri Lanka, the second stage is usually where the couple's evidence of a shared life in Australia becomes strongest: a joint lease or home, joint accounts, shared bills and a social life in Australia as a couple. Those records should be kept as they arise. The sponsor's undertaking to provide financial assistance and accommodation continues for the first two years. The guides on the partner visa sponsor at the second stage and partner visa second stage documents explain what is requested.

Can a refusal be reviewed when you sponsor partner from Sri Lanka?

Yes. A refusal of a Subclass 309, Subclass 300 or Subclass 820 visa can generally be reviewed by the Administrative Review Tribunal. The application must be made within 28 days after notification of the decision, or 7 days if the applicant is in immigration detention, and the time cannot be extended.

When couples sponsor partner from Sri Lanka and the visa is refused, the person who applies for review depends on the subclass:

• Subclass 309 refusal. The visa applicant applies under regulation 4.02(5)(raa), in line with current Department instructions.
• Subclass 300 refusal. The sponsor applies for review.
• Subclass 820 refusal. The applicant applies for review.

The Tribunal's fee for a migration review is AUD 3,727 for fees paid on or after 1 July 2026, and it must be paid within the same review period. A 50% reduction is available for financial hardship, and 50% of the fee is refunded if the decision is set aside, varied or remitted. For an onshore applicant, the Bridging visa A linked to the Subclass 820 application ceases 35 days after the refusal, or 35 days after the Tribunal's decision if review is sought.

The Tribunal considers the case afresh. For couples who sponsor partner from Sri Lanka, review is usually the opportunity to deal with the matters the Department doubted: the history of an arranged introduction, the time spent together, earlier visa applications and any document inconsistencies. The guides on the partner visa appeal deadline, ART fees for a partner visa, the ART review process, evidence at the ART and the bridging visa after a partner visa refusal explain each step. The short answer on who applies for review of an offshore refusal explains the Subclass 309 position. The firm's partner visa refusals page, its visa refusals page and its urgent ART visa refusal applications page deal with refusals that need fast action.

How My Migration Lawyers helps sponsors with a partner from Sri Lanka

My Migration Lawyers deals with complex partner visa cases, acts in many matters where Australians sponsor partner from Sri Lanka, and is capable of handling these applications from the first assessment of the sponsor through to review at the Administrative Review Tribunal. The firm's Principal Lawyer is Weiwei Zhang, and the firm's approach is explained on the about My Migration Lawyers page.

When an Australian wants to sponsor partner from Sri Lanka, the firm:

• checks the sponsor's eligibility, including the limits in regulation 1.20J, any criminal history under regulation 1.20KC and, for a sponsor who arrived on a humanitarian visa, what the sponsor told the Department about relationships;
• reviews the Sri Lankan partner's full Australian visa history, including student and visitor applications, refusals, condition 8503 and any protection visa application, before an onshore lodgement;
• confirms that the marriage was registered under Sri Lankan law and that every earlier marriage had ended;
• checks every translation against the original and records every version of each name;
• identifies the police certificates needed for the partner and for a sponsor who has lived in Sri Lanka in the relevant period;
• presents the couple's own account of how they met, including any family introduction, and their evidence in the form the law requires, and each partner reviews and corrects their own statement; and
• responds to Department requests and acts on review if the visa is refused.

The firm acts for sponsors across Australia through its partner visa lawyers, including in Sydney, Melbourne, Brisbane, Perth, Adelaide and Canberra. More short answers are in the partner visa FAQ centre.

The best time to get advice on how to sponsor partner from Sri Lanka is before the partner's current visa expires, before the wedding is registered and before anything is lodged. Book a consultation with My Migration Lawyers, or call 1300 040 300.