Sponsoring a Partner From Sudan

If you want to sponsor partner from Sudan, the short answer is yes: an Australian citizen, Australian permanent resident or eligible New Zealand citizen can sponsor a Sudanese spouse, de facto partner or fiancé, provided the sponsor is eligible and the relationship is genuine and continuing. To sponsor partner from Sudan, the couple will 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 able to apply there, or the Subclass 300 Prospective Marriage visa for an engaged couple.

The legal test to sponsor partner from Sudan is the same as for any other country. What is different is the evidence. Since fighting broke out in April 2023, many Sudanese partners have been displaced inside Sudan or have fled to a neighbouring country. Passports have been lost or left behind. Civil registry offices have closed or moved. Police certificates can be difficult or impossible to obtain. Couples have been separated for long periods with patchy telephone and internet access. This guide explains how the law deals with each of those problems, and how a couple can present a strong, honest application when the usual documents are missing. For the wider legal framework, read the complete guide to partner visas in Australia. For the sponsor's side of the application, read the guide to being a partner visa sponsor.

Can you sponsor partner from Sudan while the conflict continues?

Yes. You can sponsor partner from Sudan while the conflict continues, because the partner visa criteria have not been suspended or changed for Sudanese applicants, and the application is lodged online rather than at an office in Sudan.

There is no separate visa to sponsor partner from Sudan. A Sudanese partner applies under the same provisions of Schedule 2 to the Migration Regulations 1994 as any other applicant. The same rules apply to the relationship, the sponsorship, health, character and identity. The visa application is lodged online through ImmiAccount, and later steps such as biometrics and health examinations are done when the Department asks for them, at a place the Department nominates.

The practical position is harsher than the legal one. Australia does not have an embassy in Sudan, and the Australian Government's travel advice for Sudan is "do not travel". According to that advice, consular assistance for Sudan is provided through the Australian Embassy in Cairo, and it is extremely limited. Khartoum International Airport is closed. For couples who sponsor partner from Sudan, this means the partner may need to complete parts of the process from a neighbouring country, and the couple should expect delays that are outside their control.

The relationship types that can support a partner visa 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 they must have been in that relationship for at least 12 months before the application is made, unless an exception applies.
• Engaged. The couple intend to marry, have met in person as adults, and apply for the Subclass 300 Prospective Marriage visa.

The answer on who can sponsor a partner visa summarises the eligibility rules in one place.

Who can sponsor partner from Sudan?

To sponsor partner from 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 barred by the sponsorship limitations.

Many people who sponsor partner from Sudan came to Australia from Sudan themselves. Some arrived on humanitarian visas and later became citizens. That history does not prevent sponsorship. What matters is the sponsor's status at the relevant time and whether any limitation applies. The guides for an Australian citizen partner visa sponsor, a permanent resident partner visa sponsor and a New Zealand citizen partner visa sponsor explain the evidence each category needs. The guide on partner visa sponsor eligibility brings the rules together.

The sponsor's role

The order matters when you sponsor partner from Sudan. The applicant lodges the visa application first. The sponsor then lodges an online sponsorship application, using the applicant's transaction reference number. The guide on partner visa Form 40SP explains the sponsorship form.

Approval of the sponsorship is a time of decision criterion for the Subclass 309, Subclass 820 and Subclass 300 visas. It is decided as part of the visa decision, and no separate notice is sent to the sponsor. If the sponsorship is not approved, the visa cannot be granted.

By sponsoring, the sponsor undertakes to support the applicant with accommodation and financial assistance, as reasonably necessary, for the first two years. The guide on the partner visa sponsor undertaking explains what that means. There is no minimum income requirement for the sponsor, as the answer on whether a sponsor needs a minimum income explains.

Why the sponsor often carries the paperwork

When you sponsor partner from Sudan, the sponsor in Australia usually has the stable address, reliable internet and access to Australian records that the applicant does not. In practice, the sponsor often gathers the relationship evidence, keeps copies of everything the partner sends, and coordinates translations. That is entirely proper, provided the applicant's own statements are the applicant's own account and every answer in the application is true.

Which visa fits when you sponsor partner from Sudan?

The right visa depends mainly on where the partner is when the application is made and whether the couple are married. When you sponsor partner from Sudan and your partner is outside Australia, whether in Sudan or in another country, the usual pathway is the Subclass 309 and Subclass 100 visa; if your partner is in Australia on a visa that allows an onshore application, it may be the Subclass 820 and Subclass 801 visa; if you are engaged, it is the Subclass 300 visa.

Offshore: Subclass 309 and Subclass 100

The Subclass 309 partner visa is the temporary offshore stage. The applicant must be outside Australia when the application is made. That can be Sudan, Egypt, Chad, South Sudan or any other country where the partner is living. One application covers both the temporary Subclass 309 and the permanent Subclass 100. The guide to the offshore partner visa explains the pathway in detail.

A partner who has moved to a neighbouring country, as many have, may hold only a temporary or uncertain status there. That does not prevent a Subclass 309 application, but it affects the practical steps, such as where biometrics are given and which police certificates are needed. Couples who sponsor partner from Sudan should record every country the partner has lived in, with dates, from the start.

Onshore: Subclass 820 and Subclass 801

The Subclass 820 partner visa is the temporary onshore stage. The applicant must be in Australia when the application is made, and must be able to make a valid application there. The guide to the onshore partner visa and the answer comparing the Subclass 820 and the Subclass 309 help couples choose.

Prospective Marriage: Subclass 300

The Subclass 300 visa allows a fiancé to travel to Australia to marry the sponsor within the visa period, and then apply onshore for the Subclass 820 visa. The couple must have met in person since both turned 18. The answer on the Prospective Marriage visa requirements explains the criteria.

Cost and time

The government charge for a partner visa starts from AUD 11,710 for the main applicant, for both the onshore and offshore combined applications, as published by the Department and checked on 13 October 2026. The guide to partner visa costs explains the charges for family members.

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 are global figures. An application to sponsor partner from Sudan that depends on replacement documents, waivers or third-country police certificates may take longer. The guide to partner visa processing times explains what affects them.

Do sponsorship limitations and sponsor police checks apply?

Yes. When you sponsor partner from Sudan, the same sponsorship limitations and sponsor police check rules apply as for any other country, and they can stop the sponsorship from being approved.

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 page on partner visa sponsorship limitations explains when an exception may be available, and the guide on when a sponsor cannot sponsor a partner visa sets out the detail.

Under regulation 1.20KC, the Department may ask the sponsor for Australian and foreign 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 be refused. The guide on the partner visa sponsor police check explains the process.

This matters for sponsors who lived in Sudan as adults. If the Department asks a sponsor for a Sudanese police certificate and one cannot be obtained, Department policy allows a sponsor to ask for that requirement to be waived by giving a standard Commonwealth statutory declaration that states the sponsor could not obtain the certificate, describes the efforts made, and either states there are no convictions in that country or gives details of them. A sponsor who wants to sponsor partner from Sudan and has a previous sponsorship, a criminal record or a Sudanese residence history should obtain advice before the applicant lodges.

What if your Sudanese partner has lost their documents in the conflict?

If your Sudanese partner has lost documents in the conflict, the application can still proceed, but the loss must be disclosed and explained, replacements should be sought where it is safe and possible, and identity must be established through whatever genuine evidence remains, supported by a consistent life story.

This is the central problem for most couples who sponsor partner from Sudan today. A partner may have fled a home in Khartoum, Omdurman, El Fasher or another city with nothing but a phone. Documents may have been burnt, looted, left behind or confiscated at a checkpoint. Family members who held copies may also have been displaced. None of this is the applicant's fault, and the Department's own policy recognises that some applicants cannot obtain identity documents.

The steps that usually help are:

• Make a list. Record every document the partner once held, what happened to it, when and where.
• Gather what survives. Photographs or scans of documents saved on phones, email or cloud storage, old copies held by relatives, and documents issued in a host country.
• Try to replace. Seek replacements through the Sudanese authorities, including Sudanese embassies or consulates in the country where the partner is living, where it is safe to do so. Keep receipts, emails and appointment records.
• Disclose the loss. State in the application which documents are missing and why, rather than leaving the case officer to discover the gap.

The guide on partner visa missing documents and the answer on what to do if you cannot get a birth or marriage certificate explain the general approach.

Replacing a lost Sudanese passport

A partner visa applicant normally needs a valid passport. A partner whose passport was lost may be able to apply for a replacement through a Sudanese embassy or consulate in the country where they now live. Availability and waiting times vary, and couples should check directly with the relevant mission. When a new passport is issued, it should be provided to the Department, and the old passport number should be declared. The guide on a change of passport during a partner visa and the answer on an expired passport during a partner visa explain how to update the Department.

Replacing civil records

Birth, marriage and divorce records may need to be replaced through the Sudanese civil registration system or the court or religious authority that recorded the event. Where offices are closed or records are inaccessible, couples who sponsor partner from Sudan should keep evidence of the attempts made and use secondary evidence in the meantime. Arabic documents must be provided with an accurate English translation of the whole document, including stamps and annotations. The guide on partner visa evidence translation and the answer on certified copies for a partner visa explain the standard.

Secondary evidence of identity

Where primary documents are lost, other genuine records can support identity. Depending on the person, these may include a national identity card or national number record, school and university certificates, employment records, baptism or religious records, earlier visa applications, registration documents issued by authorities in a host country, and parents' or siblings' passports showing the family relationship. Couples who sponsor partner from Sudan should use every genuine record available. Department policy expressly notes that a person who cannot provide a passport may be able to provide parents' passports and evidence of the relationship to them.

How does the Department assess identity when documents are missing?

The Department assesses identity on three pillars: biometrics, documents and the applicant's life story. When documents are missing, decision makers are told to take a risk-based approach and put more weight on the other pillars, rather than focusing only on the absence of documents.

Public interest criterion 4020(2A) requires the applicant to satisfy the Minister of their identity. Department policy states that the onus is on the applicant. It also states that, where an applicant does not have and cannot obtain identity evidence, the decision maker should focus on the credibility of the applicant's life story and on how the documents and information provided support or contradict the claimed identity.

For couples who sponsor partner from Sudan, that has three practical consequences:

• Biometrics. Fingerprints and facial images given to the Department fix the applicant's identity from that point onwards. Any earlier visa application, in any name, may be matched. Every previous application must therefore be disclosed.
• Documents. Whatever genuine documents exist should be provided, even if they are old, damaged or only photographs. A partial record is better than none.
• Life story. The applicant's account of their life, including birthplace, family, schooling, work, addresses and the journey out of Sudan, must be detailed and must match every form. The guide on Form 80 for a partner visa explains the form where that story is usually recorded.

Department policy also warns that some identity discrepancies cannot be resolved, for example where the claimed identity, the documents and the biometrics point to different people. If that happens, the applicant is likely to fail PIC 4020(2A). The answers on different names or dates in documents and on an applicant with a different identity in past records explain how discrepancies should be handled.

Arabic names and transliteration

Sudanese names are written in Arabic and transliterated into English in different ways. A person's name commonly includes their own name, their father's name and their grandfather's name, and the English spelling can vary between a passport, a school certificate and a host-country registration document. These variations are normal. They become a problem only when they are unexplained. The applicant's name should be entered exactly as it appears in the passport, every other spelling should be declared, and a short note should explain the differences. When you sponsor partner from Sudan, this one note can prevent months of requests for further information.

How do you explain gaps and losses honestly?

Gaps and losses are explained honestly by saying exactly what happened, when, and what was done about it, in a written explanation supported by whatever evidence exists, and by never filling a gap with a document that is not genuine.

Couples who sponsor partner from Sudan are sometimes offered replacement documents from people who are not the issuing authority. A document obtained that way is a bogus document under PIC 4020, even if the facts in it are true. Department policy defines a bogus document to include a document obtained because of a false or misleading statement. A refusal under PIC 4020 can bar the applicant from many visas for three years, and a refusal for identity can carry a 10-year non-grant period. The guides on partner visa PIC 4020 and on partner visa false documents explain the consequences, and the answer on the difference between an honest mistake and PIC 4020 explains where the line falls.

A good explanation for a couple who sponsor partner from Sudan usually includes:

• A timeline. Where the partner lived before April 2023, when they left, where they went, and where they are now.
• The documents. Which documents existed, which were lost and how, and which have been replaced or requested.
• The attempts. What was done to obtain replacements and police certificates, with copies of emails, receipts and replies.
• The inconsistencies. Any differences in names, dates or places across documents, with the reason for each.

The answer on how to explain gaps in relationship evidence applies the same principle to the relationship evidence. If an error has already been made in the application, the answer on how to correct a mistake in a partner visa application explains how to fix it.

What police certificate is needed to sponsor partner from Sudan?

To sponsor partner from Sudan, the applicant generally needs a Sudanese police certificate, known as the Certificate of Good Conduct (often called the Feesh), plus a police certificate from every other country where the applicant has lived for 12 months or more in the last 10 years since turning 16.

According to the Government of Canada's published guidance on Sudanese police certificates, the certificate is issued by the Ministry of Interior, General Administration of Forensic Evidence, Fingerprint Directorate, in Khartoum. A person inside Sudan applies in person and gives fingerprints. A person outside Sudan has fingerprints taken by the local police, signed and stamped, and lodges them through the nearest Sudanese embassy, which forwards them to the Fingerprint Directorate. Whether that process is operating normally during the conflict should be checked at the time of application.

A partner who has lived in Egypt, Chad, South Sudan, Uganda, Saudi Arabia or any other country for 12 months or more in the last 10 years will also need a police certificate from that country. South Sudan has been a separate country since 2011, and its certificate is not a substitute for a Sudanese one. Couples who sponsor partner from Sudan should check the issuing country on every certificate. The guides on partner visa overseas police certificates and partner visa character requirements explain the general rules.

When a Sudanese police certificate cannot be obtained

If a Sudanese police certificate cannot be obtained despite genuine efforts, the applicant should not simply leave it out. The applicant should keep evidence of each attempt, explain why the certificate cannot be obtained, and ask the Department how it wants the requirement addressed. Department policy provides a waiver process for applicants who cannot obtain a police certificate, which involves a character statutory declaration form. Where policy itself requires a statutory declaration, as it does here, that is the document to use. The decision on any waiver belongs to the Department.

When you sponsor partner from Sudan, the evidence of effort that usually helps includes the fingerprint form lodged with an embassy, receipts, correspondence with the embassy or the directorate, and a short statement of what happened to the request. The answer on what to do if you cannot get a police certificate explains the steps. Police certificates also expire for visa purposes, so timing matters. The answer on how long police certificates and health checks are valid and the guide on expired police checks explain when new certificates may be requested.

Is a Sudanese marriage recognised to sponsor partner from Sudan?

Yes, a Sudanese marriage is recognised for an Australian partner visa if it was valid under Sudanese law where it was celebrated and none of the exceptions in the Marriage Act 1961 applies, such as one party already being married, the parties being too closely related, a party being under age, or one party not giving real consent.

Under Part VA of the Marriage Act 1961, a marriage celebrated overseas is generally recognised in Australia if it was valid where it was celebrated. Department policy adds that a marriage not recognised in the country where it was solemnised will not be recognised for migration purposes either. The guides on overseas marriages recognised in Australia and on an overseas marriage that is not recognised explain the legal tests.

Marriage contracts concluded without both partners present

Many couples who sponsor partner from Sudan marry while the sponsor is in Australia and the partner is in Sudan or a neighbouring country, with the marriage contract concluded through representatives. Department policy on proxy marriages states that Australian law requires consent to be given by both parties in person, but that a proxy marriage may be recognised if the law of the country where it was solemnised permits consent by proxy, the marriage was solemnised in accordance with that law, and both parties gave real consent. The couple must still meet the other parts of section 5F. The answer on proxy and online marriages for a spouse visa explains the risk.

Registration and the marriage certificate

The marriage should be evidenced by the marriage certificate or registered marriage contract issued by the authority that recorded it, with an English translation. If the certificate was lost in the conflict, couples who sponsor partner from Sudan should seek a replacement from the issuing authority where possible, and support the marriage with photographs, guest evidence and family statements in the meantime. The answers on religious or cultural marriages for a partner visa and on whether a marriage certificate is enough for a spouse visa explain what else is assessed.

Previous and concurrent marriages

Before you sponsor partner from Sudan, any previous marriage of either partner must be disclosed, and its ending proved by a divorce record or death certificate. Department policy states that only the first marriage in a polygamous situation can be recognised, and that a concurrent marital relationship prevents either relationship meeting the section 5F requirement of a commitment to the exclusion of all others. The answer on polygamous marriages and the spouse visa and the guide on applying while still married explain the risk.

When a de facto application is the safer basis

Where a marriage cannot be proved to be valid, the couple may still qualify as de facto partners under section 5CB, usually after at least 12 months in the relationship before the application. The guide to the de facto partner visa in Australia and the answer on the legal definition of a de facto relationship explain that option.

What relationship evidence helps when the conflict has separated you?

The relationship is assessed on 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 who sponsor partner from Sudan have been separated by the conflict, the strongest evidence usually shows how the relationship continued through that separation.

These are aspects the Department assesses, not separate statements. The usual written evidence is one relationship statement from each partner, in their own words, plus Form 888 statements from people who know the couple. The guide on the four aspects of a partner visa relationship explains how each is assessed.

Evidence of communication during the conflict

Communication records are often the most important evidence. They may include call logs, WhatsApp or other messaging histories, video call screenshots and voice messages, with dates visible. Internet and telephone outages are common in conflict areas, and a gap in messages during a known outage is not a sign that the relationship ended. The relationship statements should explain any long gap and what each partner did to make contact. The guides on partner visa chat evidence and long-distance partner visa relationships, and the answers on messages, emails and call records and on translating messages, explain how to present it.

Financial support and visits

For many couples who sponsor partner from Sudan, money sent by the sponsor for food, rent, medical care or travel out of Sudan is strong evidence of the financial aspects and the commitment. Transfers may have gone through banks, money transfer services or relatives, and each route should be documented as well as possible. Visits, including meetings in Cairo or another third country, should be supported by passport stamps, boarding passes and accommodation records. The answer on money transfers as relationship evidence explains how these are weighed.

Family and community support

Form 888 statements from Australian citizens or permanent residents who know the couple carry weight, and statements from family members overseas can also help anyone who wants to sponsor partner from Sudan. The guides on Form 888 witness statements and on the relationship statement for a partner visa, and the answer on statements from overseas friends, explain how these are prepared.

What health and other requirements apply?

To sponsor partner from Sudan successfully, the partner must also meet the health requirement, the character requirement, public interest criterion 4020, the debts to the Commonwealth criterion and the Australian values statement.

Health examinations are done when the Department asks, with a panel physician approved by the Department, and biometrics are given at a collection point the Department nominates. A partner who is in a third country should follow the instructions in the Department's request rather than assume a location. When you sponsor partner from Sudan, these requests can be difficult to meet quickly, so it is wise to keep the Department informed of any practical obstacle. The guides on the partner visa medical examination and on partner visa biometrics explain these steps.

What are the steps to sponsor partner from Sudan?

The steps to sponsor partner from Sudan are: confirm the sponsor's eligibility, choose the visa, confirm the legal basis of the relationship, gather and replace documents, prepare the identity and gap explanation, obtain or attempt police certificates, 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.
• Choose the visa. Decide between the Subclass 309 and Subclass 100, the Subclass 820 and Subclass 801, or the Subclass 300, based on where the partner is and whether the couple are married.
• Confirm the relationship basis. Decide whether the couple will rely on a valid marriage or a de facto relationship.
• Gather and replace documents. Collect surviving documents and copies, and request replacements where it is safe and possible.
• Prepare the explanation. Write a clear timeline of displacement, lost documents, attempts made and name variations.
• Police certificates. Apply for the Sudanese Certificate of Good Conduct and certificates from every other relevant country, and keep evidence of every attempt.
• Relationship evidence. One relationship statement from each partner, Form 888 statements, and evidence across the four aspects, including communication through the conflict.
• Lodge the visa application. The applicant lodges online through ImmiAccount and pays the charge.
• Lodge the sponsorship. The sponsor lodges using the applicant's transaction reference number.
• Respond to requests. Provide biometrics, health examinations, police certificates and further information when asked.

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

What if the Sudanese partner is already in Australia?

If the 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. 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. Couples who sponsor partner from Sudan while the partner is in Australia on a visitor visa should obtain advice before that visa expires. The page on Schedule 3 waivers, the guide on applying for a partner visa while on a tourist visa and the answer on condition 8503 and partner visas explain the rules.

Why are partner visas for Sudanese partners refused?

Applications to sponsor partner from Sudan are refused for the same legal reasons as any other partner visa, but the risks most often seen are unresolved identity, missing or unexplained documents, police certificates that were neither provided nor properly explained, doubts about the marriage, and thin evidence of the relationship during long separations.

When you sponsor partner from Sudan, the specific risks are:

• Identity. Lost documents, name variations or earlier applications in a different spelling that are not explained.
• Integrity. A replacement document obtained outside the official process, which can lead to a PIC 4020 refusal.
• Character evidence. A police certificate that is missing with no evidence of attempts and no waiver request.
• Marriage validity. A marriage contract concluded without both parties present, without evidence that it was valid where it was made.
• Relationship evidence. Long gaps in communication with no explanation.
• Unanswered requests. A section 56 request or section 57 letter not answered properly or in time.

The guides on why partner visas get refused, on 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 partner visa be reviewed at the ART?

Yes. A refusal of a Subclass 309, Subclass 820 or Subclass 300 visa can generally be reviewed by the Administrative Review Tribunal, but the review application must be made within 28 days after the applicant is notified of the decision, or 7 working days if the applicant is in immigration detention.

The 28-day limit comes from section 347 of the Migration Act 1958, and the Tribunal cannot extend it. The ART application fee for review of a partner visa refusal is AUD 3,727. For a Subclass 309 refusal, the visa applicant applies to the Tribunal in their own name, and can do so from outside Australia. For a Subclass 820 refusal, the applicant applies and must be in Australia. The Tribunal decides on the evidence before it at the time of its own decision, so documents that arrive late, police certificates obtained after the refusal and fuller explanations can be provided on review. For couples who sponsor partner from Sudan, that can be decisive.

The guides on the partner visa appeal deadline, partner visa ART fees and the partner visa ART review process, and the answers on who applies for review of an offshore refusal and on new evidence at Tribunal review, explain the steps.

What have Tribunal decisions said about lost documents and long separations?

Tribunal decisions show that lost identity documents, unregistered identity records and long periods without contact are matters the Tribunal examines closely, and that refusals on these issues have been sent back to the Department when the evidence was properly put.

In 1826951 (Migration) [2020] AATA 1854, a Subclass 309 matter, the issues recorded were bogus documents, burnt identity documents, a Taskera left in another country and a visa that was misplaced. The Tribunal remitted the matter, which means it sent the matter back to the Department for reconsideration.

In Sharifi (Migration) [2019] AATA 2741, a Subclass 309 matter, the issues recorded were a bogus document, Afghan tazkiras not registered with the Afghan Government authorities, and a waiver of requirement. The Tribunal remitted the matter to the Department for reconsideration.

In MANYANG (Migration) [2020] AATA 611, a Subclass 309 matter, the issues recorded were that the applicant was a de facto partner, had been previously married and separated, a long period without contact, and the financial, household and social aspects of the relationship. The Tribunal remitted the matter to the Department for reconsideration.

None of these decisions is recorded as involving a Sudanese applicant, and none guarantees any result in another case. Each turned on its own evidence. They do show that couples who sponsor partner from Sudan and face a refusal over destroyed documents or a long separation can put better-explained evidence before the Tribunal.

How My Migration Lawyers helps you sponsor partner from Sudan

My Migration Lawyers acts for Australian sponsors and their partners in partner visa matters where documents have been lost, identity must be rebuilt from partial records, police certificates are hard to obtain and couples have been separated by conflict. The firm deals with complex cases, acts in many partner visa matters of this type, and is capable of handling a matter to sponsor partner from Sudan from the first assessment through to the decision and, where needed, Tribunal review.

On a matter to sponsor partner from Sudan, the firm's work typically includes:

• Checking the sponsor first. Confirming eligibility and testing the sponsorship limitations in regulation 1.20J and the police check rules in regulation 1.20KC, including any Sudanese residence history of the sponsor.
• Mapping the documents. Listing what the partner held, what was lost, what survives as copies, and what can realistically be replaced, so that nothing is asked of the partner that cannot be produced.
• Presenting identity on all three pillars. Organising surviving documents, secondary records and the partner's own life story so that they are consistent with the biometrics and every form.
• Explaining the gaps. Preparing a clear, truthful timeline of displacement, losses and attempts, so that the case officer does not have to guess.
• Police certificates. Advising on the Sudanese Certificate of Good Conduct and third-country certificates, keeping evidence of every attempt, and dealing with the Department on any waiver.
• Advising on the marriage. Assessing whether a marriage contract concluded without both parties present is likely to be recognised, or whether a de facto application is the safer basis.
• Presenting the relationship evidence. Organising communication records, transfers and visits 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 and reviewing. Answering section 56 requests and section 57 letters accurately and on time, and preparing 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, and with partners overseas, by video. The guides to complex partner visa lawyer work and to working with an offshore partner visa lawyer, and the answer on a partner visa lawyer for complex cases, explain how the firm approaches this work. Matters are supervised by Weiwei Zhang, Principal Lawyer.

If you want to sponsor partner from Sudan and you are unsure what to do about lost documents, a police certificate or the right visa, Book a Consultation with My Migration Lawyers, or call 1300 040 300.