Sponsoring a Partner From Switzerland

To sponsor partner from Switzerland, an Australian citizen, Australian permanent resident or eligible New Zealand citizen must be an eligible sponsor, and the Department of Home Affairs must be satisfied that the relationship is genuine and continuing. If those requirements are met, the answer is yes. Couples who sponsor partner from Switzerland 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 Swiss partner is lawfully in Australia and able to apply there, or the Subclass 300 Prospective Marriage visa for an engaged couple.

Swiss couples rarely struggle with the basic documents. Switzerland keeps reliable civil status records, and its criminal record system is centralised. The difficult question is usually a legal one: what kind of relationship does the couple actually have in Australian law? Many couples who want to sponsor partner from Switzerland are in a Swiss registered partnership, or a partnership registered in another European country, and assume it counts the same way as an Australian registered relationship. It does not. This guide explains why, and how to choose between applying as married, as de facto partners, or after registering the relationship in Australia. 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 Switzerland to Australia?

Yes. You can sponsor partner from Switzerland if you are an eligible sponsor, your partner is your spouse, de facto partner or fiancé, and the Department is satisfied that the relationship is genuine and continuing.

There is no special partner visa for Swiss citizens. A Swiss partner applies under the same provisions of Schedule 2 to the Migration Regulations 1994 as an applicant from any other country. The criteria for the relationship, health, character and the sponsorship are the same. What differs is how the relationship is classified and how it is proved with Swiss documents.

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.

Australian partner visa law has no fourth category for a foreign registered partnership. A couple who want to sponsor partner from Switzerland and who hold a Swiss partnership certificate must still fit the relationship into the married category or the de facto category. The answer on who can sponsor a partner visa summarises the eligibility rules in one place.

Who can sponsor partner from Switzerland?

To sponsor partner from Switzerland, 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 Australians who sponsor partner from Switzerland have been living in Switzerland themselves, often for work. An Australian citizen can sponsor while living overseas, but the couple will need to show how and when they intend to live together in Australia. The guide on a partner visa sponsor living overseas explains this situation.

What the sponsor actually does

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

Is a Swiss registered partnership enough to sponsor partner from Switzerland?

No. A Swiss registered partnership is not, by itself, enough to sponsor partner from Switzerland without meeting either the marriage rules or the de facto rules, because Australian partner visa law gives special treatment only to relationships registered under certain Australian State and Territory laws.

What the 12-month rule says

For the Subclass 820 and Subclass 309 visas, regulation 2.03A of the Migration Regulations 1994 generally requires a de facto relationship to have existed for at least 12 months immediately before the application is made. There are limited exceptions. The one that matters most here is in subregulation 2.03A(5): the 12-month period does not apply if the de facto relationship is registered under a State or Territory law prescribed for that purpose.

Department policy lists the prescribed laws. They are the relationship registration laws of New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory. Every law on that list is an Australian law. A registration made in Zurich, Geneva or Bern under Swiss federal law is not on it, and a partnership registered in another European country is not on it either.

The practical result is simple. Couples who sponsor partner from Switzerland on the strength of a Swiss partnership certificate alone, and who have not lived as de facto partners for 12 months before applying, can be refused under regulation 2.03A unless another exception applies. The answer on whether an overseas registered relationship counts for a partner visa explains the same point, and the answer on the legal definition of a de facto relationship sets out the test in section 5CB.

A Swiss registered partnership is also not a marriage

The second mistake is to treat a Swiss registered partnership as a marriage. In Swiss law, the registered partnership was a separate legal institution for same-sex couples, with its own certificate and its own civil status entry. It was not a marriage, and Australian law does not treat it as one. A couple who want to sponsor partner from Switzerland as spouses need an actual marriage that is valid where it was celebrated.

That changed in Switzerland on 1 July 2022, when marriage became available to same-sex couples. According to the Swiss Federal Department of Foreign Affairs, new registered partnerships can no longer be concluded in Switzerland from that date, and couples in an existing registered partnership can jointly declare that they wish to convert it into a marriage. Once converted, the civil status recorded in the Swiss register changes from "in a registered partnership" to "married".

Why the partnership is still valuable evidence

None of this makes the Swiss partnership worthless. It is strong evidence of the nature of the commitment, one of the four aspects of the relationship assessed under regulation 1.15A(3). A formal public registration shows that the couple declared their relationship to the State and accepted legal obligations to each other. Couples who sponsor partner from Switzerland should include the partnership certificate, with a translation, as part of their relationship evidence even when they rely on the de facto category. The guide on partner visa commitment evidence explains how this kind of evidence is weighed.

Married, de facto or registered in Australia: which basis fits when you sponsor partner from Switzerland?

The right basis depends on how long the couple have lived together, whether they have married or converted their partnership, and whether either of them can register the relationship in an Australian State or Territory before the decision. When you sponsor partner from Switzerland, the choice should be made before lodgement, because it shapes the whole evidence plan.

Option one: apply as a married couple

If the couple have married in Switzerland or elsewhere, or have converted their Swiss registered partnership into a marriage, they may apply as spouses. 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, subject to exceptions in section 88D, such as a party already being married, a prohibited relationship, an under-age party or the absence of real consent. Same-sex marriages celebrated overseas are recognised in Australia on the same basis. The answers on same-sex marriage and the spouse visa and on whether an overseas marriage is recognised for a partner visa explain the test.

A married couple do not need to show 12 months of de facto life before applying. They still need to prove that the relationship is genuine and continuing, and that they have a mutual commitment to a shared life to the exclusion of all others. Couples who sponsor partner from Switzerland after a conversion should provide the Swiss document that records the change of civil status, and the earlier partnership certificate, so that the history of the relationship is clear.

Option two: apply as de facto partners

If the couple are not married, they may apply as de facto partners. This works well where the couple have genuinely lived together, or otherwise lived a shared life, for at least 12 months before the application. Time spent apart does not automatically break a de facto relationship, but the couple must show that the commitment continued. The guide to the de facto partner visa in Australia and the guide on the 12-month de facto requirement for the Subclass 820 explain how the period is measured, and the answer on when the 12-month de facto period starts deals with the start date.

Many couples who sponsor partner from Switzerland lived together in Switzerland. Evidence of a shared Swiss address, such as a residential registration with the commune, a joint tenancy, shared insurance and household bills, is usually the core of the 12-month proof. The answer on living together overseas for 12 months and the answer on time apart and the 12-month de facto rule explain what helps.

Option three: register the relationship in Australia

If the couple do not yet have 12 months of de facto life, they may be able to register the relationship under one of the prescribed Australian State or Territory laws. Department policy states that subregulation 2.03A(5) does not say when the registration must happen, so a relationship registered after the application is made but before it is decided is taken to meet the requirement. A receipt showing that registration has been applied for is not enough. The relationship must actually be registered.

Each State and Territory register has its own eligibility rules, including residence requirements, and some require the couple to wait before the registration is finalised. That can be difficult when one partner is still in Switzerland. The answers on where to register a relationship in Australia, registering a relationship while the partner is overseas, registering a relationship after lodging and lodging while the registration is processing explain the practical steps. For the main registers, see the answers on registering in New South Wales, Victoria and Queensland.

Comparing the three options

For couples who sponsor partner from Switzerland, the comparison usually looks like this:

• Married or converted partnership. No 12-month requirement. The marriage or conversion record must be valid and properly translated. Best where the couple are ready to marry.
• De facto with 12 months. No registration needed. The 12 months must be proved with evidence of a shared life. Best where the couple have lived together in Switzerland or Australia for more than a year.
• Registered in Australia. Removes the 12-month requirement for the Subclass 820 and Subclass 309. Depends on meeting a State or Territory register's own rules. Best where one partner already lives in that State or Territory and the couple cannot yet show 12 months.

The comparison of spouse and de facto partner visas and the answer on applying before 12 months of a de facto relationship set out the trade-offs. A couple may also marry after applying as de facto partners, and the answer on marrying after applying as de facto partners explains how to tell the Department.

What about same-sex couples who sponsor partner from Switzerland?

Same-sex couples who sponsor partner from Switzerland apply under exactly the same partner visa rules as other couples, and a same-sex marriage that is valid where it was celebrated is recognised in Australia.

Because the Swiss registered partnership was available only to same-sex couples, this group is the one most affected by the registration issue described above. A same-sex couple with a pre-2022 Swiss partnership should consider whether to convert it into a marriage before lodging, or rely on the de facto category with 12 months of shared life. Where a relationship has been private, for example because one partner's family does not know about it, the evidence still needs to show social recognition by the people who do know. The firm's page on the LGBTI partner visa and the answers on a same-sex de facto visa and a private same-sex relationship explain the approach.

Which visa should you use to sponsor partner from Switzerland?

The right visa depends mainly on where the Swiss partner is when the application is made and whether the couple are married or engaged. When you sponsor partner from Switzerland and your partner is outside Australia, 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 temporary Subclass 309 and the permanent Subclass 100. The application 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. The applicant must be in Australia when the application is made. Swiss citizens often visit Australia on a visitor visa, and some come on other temporary visas. A Swiss partner who is in Australia may be able to apply onshore, but visa conditions such as 8503 and the Schedule 3 criteria can stand in the way. These are explained later in this guide. The guide to the onshore partner visa and the comparison of onshore and offshore partner visas help couples choose, and the answer on the Subclass 820 versus the Subclass 309 compares the two directly.

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. For couples who sponsor partner from Switzerland, this can be an alternative to marrying in Switzerland or converting a partnership there. 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.

Partner visas take a long time to decide. 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 Swiss applicants, and they change regularly. The guide to partner visa processing times explains what affects them. Couples who sponsor partner from Switzerland can reduce avoidable delay by choosing the right relationship basis at the start and lodging a complete, translated application.

Do sponsorship limitations and sponsor police checks apply?

Yes. When you sponsor partner from Switzerland, the same sponsorship limitations and sponsor police check rules apply as for any other country, and they can prevent 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 commercial page on partner visa sponsorship limitations explains these rules and 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 who has lived in Switzerland for a total of 12 months or more in the 10 years before the request, since turning 16, may be asked for a Swiss certificate as well as an Australian National Police Check. 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 police checks within a reasonable time can also be refused. The guide on the partner visa sponsor police check explains the process.

These sponsor rules matter more than any Swiss document. A sponsor who wants to sponsor partner from Switzerland and has sponsored a previous partner, or has a criminal record, should obtain advice before the applicant lodges.

What police certificate does a Swiss partner need?

A Swiss partner generally needs an extract from the Swiss criminal record, issued through the Federal Office of Justice, plus a police certificate from every other country where they have lived for a total of 12 months or more in the last 10 years since turning 16.

The Swiss criminal record extract

The Swiss document is known in German as the Strafregisterauszug, in French as the extrait du casier judiciaire and in Italian as the estratto del casellario giudiziale. The official Swiss government portal states that it can be ordered online through the Federal Office of Justice or at a post office. The ordinary extract for this purpose is the standard private extract, not the special private extract, which is a narrower document used for work with minors and vulnerable people. The Swiss portal warns that some unofficial websites offer to order extracts, so the applicant should use the official Federal Office of Justice service.

A digital extract is available as well as a paper one. If a digital extract is used, the applicant should make sure that the version uploaded to ImmiAccount is the official document, complete and unaltered. Where the extract is not in English, it must be translated.

Other countries in the applicant's history

Swiss citizens often study or work across Europe. A Swiss partner who has lived in Germany, France, Italy, the United Kingdom or another country for a total of 12 months or more in the relevant period needs a certificate from that country too. Periods of residence can be added together, so two separate stays of seven months each in the same country count. Couples who sponsor partner from Switzerland should list every country of residence before ordering certificates, because a missing certificate is one of the most common reasons for a request for further information.

Police certificates also have a limited validity period for visa purposes, and long processing times mean they can expire before a decision is made. The answer on how long police certificates and health checks are valid explains this. The guide on partner visa overseas police certificates and the answer on what to do if you cannot get a police certificate explain the general rules. The applicant's character is assessed under public interest criterion 4001 and section 501, as the guide on partner visa character requirements explains.

What Swiss civil status documents are needed to sponsor partner from Switzerland?

To sponsor partner from Switzerland, the applicant usually needs a passport, a birth certificate, a marriage certificate or partnership certificate where relevant, proof that any earlier marriage or partnership has ended, the criminal record extract and police certificates, with accurate English translations of every document that is not in English.

Where Swiss documents come from

Swiss civil status events are recorded by cantonal civil register offices. According to the official Swiss government portal, a birth certificate is ordered from the register office at the place of birth, a marriage certificate from the office where the marriage took place, and a registered partnership certificate from the office where the partnership was registered. Certificates can be ordered online or in person. The portal also describes a family certificate and a confirmation of registered civil status, which can be useful where a person's civil status history is complicated.

The core documents are:

• Passport. The applicant's current Swiss passport, or the passport of their country of citizenship if they are a foreign national living in Switzerland.
• Birth certificate. Issued by the register office at the place of birth.
• Marriage certificate. If the couple are married, issued by the office where the marriage took place.
• Registered partnership certificate. If the couple were in a Swiss registered partnership, with any record of its conversion into a marriage.
• Evidence that earlier relationships ended. A divorce judgement, a record of the dissolution of an earlier registered partnership, or a death certificate. Couples who sponsor partner from Switzerland must prove that every earlier marriage or partnership of either partner has ended.
• Identity documents. A Swiss identity card, if held, and documents showing any change of name.

Not every Swiss partner is a Swiss citizen. Many people who live in Switzerland hold the citizenship of another country and a Swiss residence permit. In that case, the passport, birth certificate and some police certificates will come from the country of citizenship, while Swiss documents prove residence and the shared household. The firm's partner visa document checklist gives the general list, and the guide on partner visa missing documents explains what to do if something cannot be found.

German, French and Italian documents

Switzerland has four national languages, and documents are usually issued in German, French or Italian depending on the canton. Some Swiss civil status documents are issued in a multilingual format, with field headings in several languages. A multilingual heading does not make the entries themselves English. Every document that is not fully in English must be provided with an accurate English translation of the whole document, including stamps, annotations and notes about later changes of civil status.

A translation made in Australia should be prepared by a translator certified by NAATI, the national accreditation authority for translators. A translation made outside Australia should include the translator's full name, contact details and details of their qualifications and experience. The guide on partner visa evidence translation and the answers on translating a marriage certificate and certified copies for a partner visa explain the standard.

Names after marriage or partnership

Swiss law allows spouses, and formerly registered partners, to choose which surname they use, and some people have used a double name. That means the applicant's surname may differ between a birth certificate, a partnership certificate, a marriage certificate and a passport. When you sponsor partner from Switzerland, the applicant's name in ImmiAccount should match the passport exactly, every other name should be declared, and the reason for each change should be shown with the civil status document that records it. The answer on a name change after marriage explains how this is handled.

What relationship evidence do you need to sponsor partner from Switzerland?

The Department assesses the relationship as a whole, looking at four aspects set out in regulation 1.15A(3): the financial aspects, the nature of the household, the social aspects and the nature of the commitment. The evidence should cover all four.

These are aspects the Department assesses, not separate statements. The usual written evidence is one relationship statement from each partner, telling the story of the relationship 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 aspect is assessed, and the guides on the relationship statement for a partner visa and Form 888 witness statements explain the written evidence.

Swiss evidence that tends to be strong

Couples who lived together in Switzerland usually hold good documentary evidence. Useful records include:

• Residence registration. Records from the commune showing both partners registered at the same address.
• Household records. A joint tenancy, utility accounts, household insurance and correspondence addressed to both partners.
• Financial records. Joint accounts, transfers, shared expenses and tax records that show the household.
• Commitment records. The registered partnership certificate, a conversion or marriage record, wills, beneficiary nominations and plans to move to Australia together.
• Social records. Photographs with family and friends, invitations, travel together and statements from people who know the couple as a couple.

Long-distance periods

Some couples who sponsor partner from Switzerland have spent long periods apart, for example while the Australian partner returned home for work. That is not a reason for refusal, but the evidence must show how the relationship continued: regular communication, visits, financial support and joint planning. The guides on long-distance partner visa relationships and living apart for work explain what helps.

What health and other requirements apply to a Swiss partner?

A Swiss partner must also meet the health requirement, the character requirement, public interest criterion 4020 on bogus documents and false information, the debts to the Commonwealth criterion and the Australian values statement.

Health examinations are done when the Department requests them, with a panel physician approved by the Department. Biometrics may also be requested at a collection point the Department nominates. Applicants should follow the instructions in the Department's request rather than assume a location. When you sponsor partner from Switzerland, these requirements apply to the applicant, while the sponsor's own checks are dealt with under regulation 1.20KC. The guides on the partner visa medical examination and partner visa biometrics explain these steps.

What are the steps to sponsor partner from Switzerland?

The steps to sponsor partner from Switzerland are: confirm the sponsor's eligibility, decide the relationship basis, choose the visa, collect and translate the Swiss documents, prepare the relationship evidence, lodge the visa application, lodge the sponsorship, and then 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.
• Decide the relationship basis. Decide whether the couple will rely on a marriage, a de facto relationship of at least 12 months, or a relationship registered under an Australian State or Territory law. Do not rely on a Swiss partnership certificate alone.
• 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 or engaged.
• Get the Swiss documents. Order the birth certificate, any marriage or partnership certificate, any conversion record, divorce or dissolution records and the criminal record extract from the official Swiss authorities.
• Get the other police certificates. Order a certificate from every other country where the applicant has lived for a total of 12 months or more in the last 10 years since turning 16.
• Translate everything. Arrange full English translations of every German, French or Italian document, including stamps and annotations.
• Prepare relationship evidence. One relationship statement from each partner, Form 888 statements, and evidence across the four aspects, including Swiss residence and household records.
• Lodge the visa application. The applicant lodges online through ImmiAccount and pays the charge.
• Lodge the sponsorship. The sponsor lodges the sponsorship application using the applicant's transaction reference number.
• Respond to requests. Provide health examinations, biometrics, updated police certificates and further information when asked.

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

What if the Swiss partner is already in Australia?

If the Swiss 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. Not every visitor visa carries condition 8503, so the grant notice should be checked before any plan is made. 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.

The timing interacts with the registration question. A couple who sponsor partner from Switzerland while the partner is visiting Australia may plan to register their relationship in a State or Territory before the visitor visa ends. If the registration is not finalised in time, and the couple do not yet have 12 months of de facto life, the application may fail regulation 2.03A unless the registration is completed before the decision. Advice should be obtained before the visitor visa expires. The page on Schedule 3 waivers, the guide on applying for a partner visa while on a tourist visa and the answers on condition 8503 and partner visas and registering a relationship on a tourist visa explain the rules.

Why are partner visas for Swiss partners refused?

Partner visas for Swiss partners are usually refused because the relationship does not meet the legal definition relied on, the Department is not satisfied the relationship is genuine and continuing, the sponsorship is not approved, or a character or health criterion is not met.

When you sponsor partner from Switzerland, some refusal risks are more likely than others:

• The 12-month rule. The couple applied as de facto partners with less than 12 months of shared life, relying on a Swiss or other European registered partnership that is not prescribed under subregulation 2.03A(5).
• Treating a partnership as a marriage. The couple applied as spouses on the strength of a registered partnership that was never converted into a marriage.
• Earlier relationships. A previous marriage or registered partnership of either partner was not shown to have ended.
• Missing police certificates. A certificate from a country where the applicant lived for a total of 12 months or more was not provided, or expired during processing.
• Thin evidence of the shared life. Long periods apart with little proof of communication, visits or financial support.
• 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 reduced before lodgement, which is why the relationship basis matters so much when you sponsor partner from Switzerland. The guides on why partner visas get refused and partner visa previous relationships, and the answer on a de facto visa refused under the 12-month rule, 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 considers the case on the evidence before it at the time of its own decision. For couples who sponsor partner from Switzerland and were refused under the 12-month rule, that can matter: a relationship registered under an Australian State or Territory law, or a marriage, after the refusal may change the position on review.

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 registered relationships, the 12-month rule and foreign police records?

Tribunal decisions show that the timing of a relationship registration, the 12-month de facto requirement and missing foreign police records are matters the Tribunal looks at again on review, and that refusals on these grounds can be sent back to the Department when the evidence is properly put.

In Sixto (Migration) [2024] AATA 814, a Subclass 820 matter, the issues recorded were a genuine and continuing relationship, the financial, household and social aspects of the relationship and the nature of the commitment, and a relationship registered after the visa application was made. The Tribunal remitted the matter, which means it sent the matter back to the Department for reconsideration.

In Madrigal Urrea (Migration) [2019] AATA 6385, a Subclass 820 matter, the issues recorded were the de facto relationship, living together as de facto partners for 12 months, a relationship certificate and the age requirement. The Tribunal remitted the matter to the Department for reconsideration.

In Morton-Hicks (Migration) [2023] AATA 4631, a Subclass 820 matter, the issues recorded were that the applicant submitted a copy of her French police clearance record and the requirement to satisfy public interest criterion 4001 or 4002. The Tribunal remitted the matter to the Department for reconsideration.

None of these decisions is recorded as involving a Swiss applicant, and none guarantees any result in another case. Each turns on its own evidence. They do show that couples who sponsor partner from Switzerland and face a refusal on the relationship category or a missing European police record can put corrected evidence before the Tribunal.

How My Migration Lawyers helps you sponsor partner from Switzerland

My Migration Lawyers acts for Australian sponsors and their partners in partner visa matters involving foreign registered partnerships, same-sex couples, conversions into marriage and multi-country police records, and it is capable of handling a matter to sponsor partner from Switzerland 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, including matters where couples sponsor partner from Switzerland after years in a Swiss registered partnership.

On a matter to sponsor partner from Switzerland, 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 before anything is lodged.
• Classifying the relationship correctly. Advising whether the couple should apply as spouses, as de facto partners with 12 months of shared life, or after registering the relationship under an Australian State or Territory law, and whether a Swiss partnership should be converted into a marriage first.
• Planning the timing. Matching the lodgement date to the 12-month period, the registration process and any visitor visa expiry, so the application does not fail on a technical point.
• Reviewing the Swiss records. Reading the birth, marriage, partnership, conversion and dissolution records with their translations, and identifying gaps, name changes and earlier relationships that need explaining.
• Mapping the police certificates. Listing every country where the applicant has lived for a total of 12 months or more and checking the Swiss criminal record extract and each foreign certificate before upload.
• Presenting the relationship evidence. Organising the couple's evidence across the four aspects. Each partner's relationship statement is their own account, reviewed and corrected by them, and the firm presents that account and the supporting evidence in the form the law requires.
• Responding to the Department. 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 overseas, by video. The guides to complex partner visa lawyer work and to working with an offshore partner visa lawyer, 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 Switzerland and you are unsure whether to apply as married, as de facto partners or after registering your relationship in Australia, Book a Consultation with My Migration Lawyers, or call 1300 040 300.