Sponsoring a Partner From Sweden

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

The legal criteria are the same for every country. What makes Swedish applications different is the way many Swedish couples live. A large number of couples in Sweden never marry. They live together as sambo, often for years, and often with children. In Sweden that is an ordinary and respected way to build a family. In Australian migration law it is not a status at all. An unmarried couple who want to sponsor partner from Sweden must prove a de facto relationship under Australian law, with Australian evidence standards, and must usually show that the relationship existed for at least 12 months before the application was made. This guide explains how to do that, how to use Swedish population register extracts properly, and where couples go wrong. For the wider legal framework, read the complete guide to partner visas in Australia. For the sponsor's side, read the guide to being a partner visa sponsor.

Can you sponsor partner from Sweden to Australia?

Yes. You can sponsor partner from Sweden 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 partner visa for Swedish citizens. A Swedish partner applies under the same provisions of Schedule 2 to the Migration Regulations 1994 as an applicant from any other country. The relationship, health, character and sponsorship criteria are the same. What changes is the evidence, and the legal basis on which the relationship is claimed.

The relationship must fall into one of three categories:

• 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.

Most couples who sponsor partner from Sweden without marrying fall into the second category. That is where most of the evidence problems arise, and it is the focus of this guide. The answer on who can sponsor a partner visa summarises the eligibility rules, and the answer on the difference between a spouse visa and a de facto visa explains that both lead to the same visa.

Who can sponsor partner from Sweden?

To sponsor partner from Sweden, 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.

Each category of sponsor proves their status differently. 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, and the guide on partner visa sponsor eligibility brings the rules together.

Many Australian sponsors in these matters have been living in Sweden with their partner. An Australian citizen who has lived overseas for years can still sponsor, but must show an intention to return to live in Australia. The guide on a partner visa sponsor living overseas and the guide on a sponsor returning to Australia explain what that requires. A sponsor who holds Swedish and Australian citizenship should read the guide on a dual citizen partner visa sponsor.

The sponsor's role and undertaking

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 form, and the answer on which documents a sponsor provides lists the usual evidence.

Approval of the sponsorship is a time of decision criterion for the Subclass 309, Subclass 820 and Subclass 300 visas. It is decided inside 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 that commitment. There is no minimum income requirement, as the answer on whether a sponsor needs a minimum income explains.

Sponsorship limitations and sponsor police checks

The sponsor rules apply in full when you sponsor partner from Sweden. 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 explains the rules, 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 who has lived in Sweden for 12 months or more may be asked for a Swedish certificate as well as an Australian one. 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, and 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.

Which visa fits when you sponsor partner from Sweden?

The right visa depends mainly on where the Swedish partner is when the application is made and whether the couple are married, de facto or engaged. When you sponsor partner from Sweden and your partner is in Sweden or any other country, the usual pathway is the Subclass 309 and Subclass 100 visa. If your partner is in Australia and can make a valid onshore application, it may be the Subclass 820 and Subclass 801 visa. If you are engaged and plan to marry in Australia, 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. One application covers both the Subclass 309 and the permanent Subclass 100, and it is lodged online through ImmiAccount. The guide to the offshore partner visa explains the pathway.

Onshore: Subclass 820 and Subclass 801

The Subclass 820 partner visa is the temporary onshore stage, and the applicant must be in Australia when the application is made. Many Swedish partners first come to Australia on a visitor visa or a working holiday visa. The guides to the onshore partner visa and onshore versus offshore partner visas, and the answer on the Subclass 820 versus the Subclass 309, help couples choose.

Prospective Marriage: Subclass 300

The Subclass 300 visa suits a couple who are engaged but not yet sambo for long enough to meet the 12-month rule, and who plan to marry in Australia. The couple must have met in person as adults. The answer on the Prospective Marriage visa requirements explains the criteria.

The cost and the time involved

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 additional applicants, including children.

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, and 50 per cent of Subclass 820 applications were finalised in 22 months and 90 per cent in 30 months. These are global figures, not figures for Swedish applicants, and they change regularly. The guide to partner visa processing times explains what affects them. For couples who sponsor partner from Sweden on de facto grounds, the most common avoidable delay is a request for further evidence that the relationship existed for the full 12 months.

What does sambo mean, and why is it not enough to sponsor partner from Sweden?

Sambo is the Swedish term for two people who live together as a couple without being married, and it is not enough on its own to sponsor partner from Sweden, because Australian law asks a different question: whether the couple meet the definition of a de facto relationship in section 5CB of the Migration Act 1958.

What sambo means in Swedish law

Swedish law defines sambo in the Cohabitees Act (Sambolag 2003:376). Section 1 defines cohabitees as two people who live together permanently in a couple relationship and share a household. The Act mainly deals with the shared home and household goods acquired for joint use, and what happens to them when the relationship ends. Under section 2, a sambo relationship ends when the partners marry, move apart, or one of them dies.

Being sambo is a factual situation, not a registered status. A couple do not apply to become sambo, and no certificate says that they are. That matters when you sponsor partner from Sweden, because there is no single Swedish document that proves the relationship in the way a marriage certificate proves a marriage.

Why Australian law asks a different question

Australian law does not adopt the Swedish definition. A couple who want to sponsor partner from Sweden must satisfy section 5CB of the Migration Act 1958. Under that section, a person is the de facto partner of another person if they are not married to each other, they have a mutual commitment to a shared life to the exclusion of all others, the relationship is genuine and continuing, they live together or do not live separately and apart on a permanent basis, and they are not related by family.

Those elements overlap with sambo, but they are not the same. Three differences matter most:

• Commitment, not only residence. Sambo turns mainly on living together and sharing a household. Section 5CB requires a mutual commitment to a shared life to the exclusion of all others. Two people sharing a flat can be sambo in a loose sense without proving that level of commitment.
• Living apart does not end a de facto relationship. Under Swedish law, moving apart ends a sambo relationship. Under section 5CB, a couple can still be de facto partners while temporarily living apart, if the separation is not permanent. A Swedish couple who stopped being sambo when one partner moved to Australia may still be de facto partners for Australian purposes.
• A minimum length. Sambo has no minimum period. For most partner visas, the de facto relationship must have existed for at least 12 months immediately before the application is made.

The answers on the legal definition of a de facto relationship, the de facto visa requirements and mutual commitment to the exclusion of all others explain each element in more detail.

The mistake couples make

The most common mistake is to treat sambo as if it were a registered relationship. A couple may write "we are sambo" in ImmiAccount, attach a population register extract showing a shared address, and assume that is enough. It is not. The Department will look for evidence of the relationship itself across the four matters it must consider, and for proof that the relationship existed for the full 12 months. Couples who sponsor partner from Sweden should prepare the application as a de facto application from the start, with the Swedish documents used as supporting evidence rather than as the whole case.

How do you prove a de facto relationship to sponsor partner from Sweden?

To sponsor partner from Sweden as de facto partners, the couple must prove each element of section 5CB of the Migration Act 1958 with evidence that covers the four matters in regulation 1.09A(3) of the Migration Regulations 1994: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the commitment.

For a partner visa, the Department must consider all four matters before it decides that a couple are not de facto partners. These are aspects of the relationship that the Department assesses. They are not separate documents or separate statements. The usual written evidence is one relationship statement from each partner, telling the story of the relationship in their own words, supported by documents and by Form 888 statements from people who know the couple. The guide on the four aspects of a partner visa relationship and the guide to the de facto partner visa in Australia explain the framework.

Financial aspects

The Department looks at joint ownership of property, joint liabilities, the pooling of resources, and how day-to-day expenses are shared. Swedish couples often keep separate bank accounts and split costs through transfers between them. That is not fatal. The evidence should show how money actually moves between the partners and who pays for what. The guides on partner visa financial evidence and on separate finances in a partner visa explain how to present this.

Nature of the household

This is where Swedish sambo evidence is strongest. A shared rental contract, a jointly owned apartment, shared utility accounts, a shared postal address and the division of household tasks all show the nature of the household. The guide on partner visa household evidence lists the usual documents.

Social aspects

The Department looks at whether the couple present themselves as a couple to friends, family and the community. Joint invitations, holidays with family, shared friendships and social media all help. The guide on the social aspects of a partner visa explains this element.

Nature of the commitment

The Department looks at the length of the relationship, whether the couple have lived together, their knowledge of each other's circumstances, and their plans for the future. Children, wills, insurance nominations and a decision to relocate together are all evidence of commitment. The guide on partner visa commitment evidence explains what helps.

When you sponsor partner from Sweden, each of the four matters should be addressed with evidence from the whole relationship, not just from the months before lodgement. The firm's guide on partner visa relationship evidence and the answer on how much relationship evidence is needed explain the balance.

How does the 12-month rule work when you sponsor partner from Sweden?

When you sponsor partner from Sweden on de facto grounds, the de facto relationship must generally have existed for at least 12 months immediately before the date the visa application is made, under regulation 2.03A(3) of the Migration Regulations 1994, unless an exception applies.

The test is about the relationship, not only about living together. Department policy, following the Full Federal Court in SZOXP v Minister for Immigration and Border Protection [2015] FCAFC 69, accepts that a couple cannot fail the living-together element of section 5CB just because they had not lived together before the application or were not living together at the time of application. But the relationship itself, with the mutual commitment that section 5CB requires, must have existed for the full 12 months.

When does the 12 months start?

The 12 months run back from the date of the visa application, not from the date of decision. The question is when the couple's relationship became a de facto relationship in the section 5CB sense, which is usually later than the day they met and often later than the day they started dating. For many Swedish couples, the clearest starting point is the date they began living together as sambo and registered at the same address. Couples who sponsor partner from Sweden should identify the start date honestly and consistently in both relationship statements, in ImmiAccount and in the sponsorship. The answer on when the 12-month de facto period starts explains how this is assessed.

Time apart during the 12 months

Time apart does not automatically break the 12 months. A Swedish partner may have stayed in Sweden for work or study while the Australian partner returned home, or the couple may have travelled separately. What matters is whether the relationship continued during that time, with the same commitment. Department policy states that the 12 months must be immediately before the application, even where the couple had an earlier period together, separated, and later reunited. A couple who broke up and got back together must count from the reunion. The answers on time apart and the 12-month de facto rule and on a de facto couple who broke up and got back together explain this, and the guide on partner visa temporary separation shows how to document it.

Living together overseas counts

The 12 months do not need to be spent in Australia. Time living together in Sweden, or anywhere else, counts towards the 12 months. Couples who sponsor partner from Sweden after years of living together in Stockholm, Gothenburg or Malmö often meet the 12-month rule easily. The difficulty is proving it with documents an Australian case officer can read. The answer on living together overseas for 12 months explains this.

Exceptions to the 12-month rule

The 12-month requirement does not apply in limited cases:

• Registration under an Australian law. A relationship registered under a prescribed State or Territory law, such as the Relationships Register Act 2010 (NSW) or the Relationships Act 2008 (Vic), removes the 12-month requirement under regulation 2.03A(5). The registration must be complete; a receipt for an application to register is not enough.
• Compelling and compassionate circumstances. These may include a dependent child of the relationship. The genuineness of the relationship is not, on its own, a compelling and compassionate circumstance.
• Marriage. If the couple marry, they no longer need to meet the de facto length requirement, because they can rely on the married relationship instead.

A relationship registered overseas does not remove the 12-month requirement, because regulation 2.03A(5) refers only to registration under the prescribed Australian laws. Being sambo is not a registration at all. The answers on registering a de facto relationship for a partner visa, registering a relationship while the partner is overseas, an overseas registered relationship and compelling and compassionate circumstances explain each option.

Applying too early

Applying a few weeks short of 12 months is one of the most avoidable reasons for refusal. If the relationship has not existed for 12 months at the time of application, and no exception applies, the de facto criterion cannot be met, however genuine the relationship is. The answers on applying before 12 months de facto and on a de facto visa refused under the 12-month rule explain the risk, and the guide on the Subclass 820 de facto 12 months requirement sets out the onshore rules. Anyone planning to sponsor partner from Sweden on de facto grounds should count the months carefully before lodging.

How do Swedish population register extracts help you sponsor partner from Sweden?

A Swedish population register extract helps you sponsor partner from Sweden because it is an official record, issued by the Swedish Tax Agency (Skatteverket), of where each partner was registered as living, and it can corroborate the couple's claim that they shared a home from a particular date.

What the Swedish population register is

Sweden keeps a national population register, the folkbokföring. The Swedish Tax Agency is responsible for it and is the only authority that issues population registration certificates. The register records, among other things, each person's personal identity number, name, address, date and place of birth, civil status and citizenship. The Tax Agency states that when it changes a registered detail, it keeps the earlier one. A population registration certificate is commonly called a personbevis. The Tax Agency issues an extract of the population register in English, and offers a version for foreign authorities.

What an extract can prove

When you sponsor partner from Sweden, the register extract is most useful for three things:

• Corroborating the shared address. Extracts for both partners showing the same registered address support the claim that they lived together.
• Corroborating the date. An extract that shows when each partner was registered at that address supports the start date of the household, and therefore the 12-month calculation.
• Confirming civil status. The extract records civil status, which supports the statement that the partners are not married to anyone else.

Each partner usually needs to order their own extract. The extract should be current, and older addresses should be shown if the extract type allows it. If an English version is not available for the information needed, a Swedish extract can be provided with an English translation.

What an extract cannot prove

An extract does not prove a relationship. It proves that two people were registered at the same address. Flatmates, siblings and friends can share an address. A case officer who receives only register extracts can reasonably ask what else shows that the couple shared a life. Couples who sponsor partner from Sweden should treat the extract as one strong piece of household evidence, supported by the rest of the evidence across all four matters.

There is a second limit. Registration records where a person was registered, not where they were physically present every night. If one partner kept a registered address elsewhere for some time, for work, study or a lease, the extract will not show the shared household for that period. That is not a problem if it is explained, with other evidence of the household. It becomes a problem if the relationship statements say one thing and the extracts say another. Before you sponsor partner from Sweden, compare the dates in both extracts with the dates in both relationship statements, and explain any gap.

Translation and certified copies

Every document that is not in English must be provided with an accurate English translation. A translation made in Australia should be prepared by a translator certified by NAATI. A translation made overseas should include the translator's details and qualifications. The guide on partner visa evidence translation and the answer on certified copies for a partner visa explain the standard.

What other evidence supports a Swedish sambo relationship?

Evidence that supports a Swedish sambo relationship includes a shared rental contract or jointly owned home, shared bills and insurance, financial records of shared expenses, evidence of children or family life together, travel records, communication during any time apart, and Form 888 statements from people who know the couple.

For couples who sponsor partner from Sweden, useful documents often include:

• The home. A rental contract in both names, a sublease approved by the landlord, or proof of joint ownership of an apartment or house. The answer on a lease in both names explains why this helps and what to do if only one name is on the lease.
• Bills and insurance. Electricity, internet and home insurance in both names or addressed to both partners at the same address. The answer on joint bills for a partner visa explains how these are used.
• Money. Bank statements showing transfers between the partners for rent and shared costs, joint accounts if any, and shared savings goals. The answer on money transfers as relationship evidence explains how to present them.
• Children. Birth records of children of the relationship, which are also relevant to commitment and to compelling and compassionate circumstances.
• Travel and photos. Travel together and photographs over the whole relationship. The answer on photos for a partner visa explains how many are useful.
• Witnesses. Form 888 statements from Australian citizens or permanent residents who know the couple, and statements from Swedish friends and family. The guide on Form 888 witness statements and the answer on statements from overseas friends explain these.

Where the couple lived with family, or in an informal arrangement without a lease, the guides on partner visa informal living arrangements and a partner visa without a joint lease explain how to fill the gap.

What police certificate does a Swedish partner need?

A Swedish partner generally needs an extract from the Swedish criminal record for use abroad, issued by the Swedish Police Authority (Polismyndigheten), plus a police certificate from every other country where they have lived for 12 months or more in the last 10 years since turning 16.

The Swedish Police Authority issues a criminal record extract for people who need one to enter, reside or work in a foreign country. According to the Police Authority, the extract is issued in Swedish, English, German, French and Spanish, but any entries recording offences appear only in Swedish, so they would need translating. A person can request an extract only about themselves; the Police Authority does not accept a power of attorney for another person. Applications can be made through the Police Authority's e-service or on a paper form.

Swedish couples often have lived in other countries before meeting, especially in other Nordic or European Union countries. A Swedish partner who lived in Norway, Denmark, the United Kingdom or elsewhere for 12 months or more in the last 10 years since turning 16 also needs a certificate from that country. The guide on partner visa overseas police certificates and the answer on police checks for a partner visa explain the rule. Certificates can expire during processing, as the answer on how long police certificates and health checks are valid explains. The applicant's character is assessed under public interest criterion 4001 and section 501, as the guide on partner visa character requirements explains.

Should you marry before you sponsor partner from Sweden?

Not necessarily. Marriage is a personal decision, and a well-evidenced de facto relationship of 12 months or more leads to the same partner visa as a marriage. But marriage can help when you sponsor partner from Sweden and the 12-month de facto requirement is uncertain, because a married couple do not need to meet the de facto length requirement.

A marriage celebrated in Sweden is recognised in Australia under Part VA of the Marriage Act 1961 if it was valid under Swedish law, subject to the exceptions in section 88D, such as one party already being married. The couple must still prove that the relationship is genuine and continuing, with the same evidence across the four matters. A marriage entered into quickly, only to avoid the 12-month rule, will be examined closely. The guides on overseas marriages recognised in Australia and on the partner visa marriage certificate, and the answer on marrying after applying as de facto partners, explain the options.

If either partner was previously married or in a registered partnership, the ending of that relationship must be proved before a new marriage can be recognised, and it matters for a de facto claim too. The guides on partner visa previous relationships and applying while still married explain the risk.

What are the steps to sponsor partner from Sweden?

The steps to sponsor partner from Sweden are: confirm the sponsor's eligibility, choose the visa, decide whether the relationship is claimed as married or de facto, confirm the 12-month date, collect the Swedish documents, prepare the relationship evidence, lodge the visa application, lodge the sponsorship, and respond to Department requests 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 the couple's plans. The answer on which partner visa to apply for helps.
• Fix the legal basis. Decide whether the couple will rely on a marriage or a de facto relationship. Do not describe the relationship as sambo alone.
• Confirm the 12 months. Identify the date the de facto relationship began and confirm that 12 months will have passed on the day of lodgement, or that an exception applies.
• Get the Swedish documents. Population register extracts for both partners, the passport, the criminal record extract for use abroad, and any marriage, divorce or birth records.
• Translate what is not in English. Arrange translations of Swedish-language documents, including any offence entries on a criminal record extract.
• Prepare relationship evidence. One relationship statement from each partner, Form 888 statements, and evidence across the four matters.
• Check consistency. Compare dates and addresses across the extracts, both statements, Form 80 where requested, and ImmiAccount.
• Lodge the visa application. The applicant lodges online through ImmiAccount and pays the charge.
• Lodge the sponsorship. The sponsor lodges the sponsorship using the applicant's transaction reference number.
• Respond to requests. Provide health examinations, biometrics, police certificates and further information when asked.

Following these steps in order is the most reliable way to sponsor partner from Sweden without avoidable delay. The guides on how to apply for a partner visa, partner visa ImmiAccount uploads, organising partner visa evidence and the two-stage partner visa process explain the mechanics. Health examinations are done with a panel physician when the Department asks, as the guide on the partner visa medical examination explains.

What if the Swedish partner is already in Australia?

If the Swedish 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.

Swedish partners are often in Australia on a visitor visa or a working holiday visa. 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, for example because a visitor visa has expired, must usually satisfy Schedule 3 criteria 3001, 3003 and 3004, which can be waived for compelling reasons. Couples who sponsor partner from Sweden while the partner is in Australia should obtain advice before the current visa expires.

The guides on a partner visa while on a working holiday visa, a partner visa while on a tourist visa and lodging before your visa expires, the page on Schedule 3 waivers and the answer on condition 8503 and partner visas explain the rules. Where the deadline is close, the page on urgent partner visa lodgement explains how the firm handles urgent matters.

Why are de facto partner visas for Swedish couples refused?

De facto partner visas for Swedish couples are usually refused because the Department is not satisfied that the de facto relationship existed for 12 months before the application, or that the relationship is genuine and continuing, or because the sponsorship is not approved or a health or character criterion is not met.

When you sponsor partner from Sweden, the risks that appear most often are:

• Short of 12 months. The relationship started less than 12 months before lodgement, and no exception applies.
• Sambo treated as a status. The application relies on the word sambo and on register extracts, without evidence of commitment, finances and social recognition.
• Inconsistent dates. The register extracts, the relationship statements and ImmiAccount give different dates for when the couple began living together.
• Separate lives presented as a household. Separate finances and separate registered addresses with no explanation of how the household worked.
• Unexplained time apart. Long periods in different countries without evidence of how the relationship continued.
• Unanswered requests. A section 56 request or a section 57 letter that is not answered properly or in time.

Most of these risks can be dealt with before lodgement, which is why preparation matters when you sponsor partner from Sweden. The guides on why partner visas get refused, on a refusal for a non-genuine relationship, on conflicting statements and on the section 56 request 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 reconsiders the case on the evidence before it at the time of its own decision, so further evidence of the relationship can be provided on review. The 12-month de facto requirement, however, is tested at the date the visa application was made, so evidence on review must show that the relationship existed for 12 months before that date. Couples who sponsor partner from Sweden and receive a refusal should act quickly.

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 the 12-month de facto requirement?

Tribunal decisions show that the 12-month de facto requirement is examined closely on review, and that a refusal can be sent back to the Department when the evidence of the relationship and its timing is properly put.

In Agostin (Migration) [2019] AATA 1108, a Subclass 820 matter, the issues recorded were that the de facto relationship fell short by 2 months of the 12-month requirement, and the de facto definition. The Tribunal remitted the matter, which means it sent the matter back to the Department for reconsideration.

In Varhelyi (Migration) [2024] AATA 320, a Subclass 820 matter, the issues recorded were the relationship for 12 months before the application was made, international travel and work, considerable documentary evidence and supporting statements, and a member of the family unit child. The Tribunal remitted the matter to the Department for reconsideration.

In PHAM (Migration) [2019] AATA 3680, a Subclass 309 matter, the issues recorded were a genuine de facto relationship, living in separate countries, having previously lived together, and the relationship history. The Tribunal remitted the matter to the Department for reconsideration.

None of these decisions is recorded as involving a Swedish applicant, and none guarantees any result in another case. Each turns on its own evidence. They do show the issues that arise when couples who sponsor partner from Sweden rely on a de facto relationship: the exact length of the relationship, periods of travel and work apart, and the quality of documentary and witness evidence.

How My Migration Lawyers helps you sponsor partner from Sweden

My Migration Lawyers acts for Australian sponsors and their Swedish partners in de facto and married partner visa matters, including couples who have lived together as sambo for years without marrying, and it is capable of handling a matter to sponsor partner from Sweden 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, where the relationship is real but the evidence has to be translated from one legal system into another.

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

• Checking the sponsor first. Confirming eligibility, the sponsor's intention to live in Australia where they have been living in Sweden, and the sponsorship limitations in regulation 1.20J and the police check rules in regulation 1.20KC.
• Fixing the legal basis. Advising whether the couple should apply as de facto partners, register their relationship under an Australian State or Territory law, or rely on a marriage, and confirming the 12-month date before anything is lodged.
• Reviewing the Swedish documents. Reading the population register extracts for both partners, the criminal record extract for use abroad and any civil status records, and identifying gaps between registered addresses and the couple's account.
• Presenting the relationship evidence. Organising the evidence across the four matters in regulation 1.09A(3). 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.
• Managing the onshore options. Where the Swedish partner is in Australia, checking visa conditions, condition 8503 and Schedule 3 before the current visa expires.
• Responding to the Department. Answering section 56 requests and section 57 letters accurately and on time.
• Review when needed. Preparing 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, and with partners in Sweden and elsewhere, by video. The guide to complex partner visa lawyer work, the answer on a migration lawyer for a de facto partner visa and the answer on whether there is a partner visa lawyer who handles complex cases explain how the firm approaches this work. Matters are supervised by Weiwei Zhang, Principal Lawyer.

If you want to sponsor partner from Sweden and you are unsure whether your sambo relationship meets the de facto rules, or whether 12 months have passed, Book a Consultation with My Migration Lawyers, or call 1300 040 300.