Sponsoring a Partner From Taiwan

Australians who want to sponsor partner from Taiwan can do so through a partner visa when the sponsor is eligible and the couple can prove a genuine and continuing relationship. A sponsor partner from Taiwan application follows the same Australian law as every other partner visa, but the Taiwanese documents, especially the household registration record, decide how smoothly it runs.

This guide is written for the Australian sponsor and follows the process in the order a couple will face it. It covers sponsor eligibility, choosing between the onshore and offshore pathways, how marriage works in Taiwan and why registration matters, same-sex couples, de facto couples, the Taiwanese police certificate, the sponsor's own Taiwanese police check, translations from Traditional Chinese, relationship evidence across distance, visits while waiting, costs and review. The firm's partner visa lawyers act for sponsors in every state and for couples who are still overseas.

Couples who sponsor partner from Taiwan commonly met in one of three ways. Some met while the Taiwanese partner was in Australia on a working holiday or studying. Some met while the Australian partner was living in Taiwan, often teaching or working. Others met online or through friends. The way the couple met shapes the visa pathway and the evidence.

How do you sponsor partner from Taiwan?

You sponsor partner from Taiwan by lodging a sponsorship on Form 40SP while your Taiwanese partner lodges a partner visa application. The Department decides the sponsorship and the visa together, and it must be satisfied about both.

In practical terms, the process has six steps:

• Confirm the sponsor is eligible. The sponsor checks citizenship or residence status and the sponsorship limits.
• Choose the pathway. The couple decide between Subclass 820, Subclass 309 and Subclass 300, based on where the partner is and the relationship status.
• Secure the relationship documents. Married couples obtain the Taiwanese household registration record and marriage documents. De facto couples gather evidence of living together.
• Obtain police certificates. The partner obtains a Taiwanese certificate and any others needed, and the sponsor prepares for a possible request.
• Prepare the evidence and statements. The couple organise evidence across the four aspects of the relationship and prepare their relationship statement and Form 888 statements.
• Lodge and respond. The application is lodged in ImmiAccount, and the couple respond to any Department request on time.

Each step of the sponsor partner from Taiwan process is explained below. The complete guide to partner visas explains the wider system, and the guide on how to apply for a partner visa explains lodgement mechanics. The partner visa requirements guide is a useful reference for every criterion.

Step one: can you sponsor partner from Taiwan?

Yes, if you are an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, you are at least 18, and you are not prevented by the sponsorship limitations in the Migration Regulations 1994.

The limits that most often affect a sponsor partner from Taiwan case are:

• The two-sponsorship and five-year limits in regulation 1.20J. A sponsor generally cannot sponsor more than two partners in a lifetime, and cannot sponsor within five years of an earlier partner sponsorship or of their own partner visa grant, unless there are compelling circumstances.
• The contributory parent limitation in regulation 1.20KA.
• The child-related rules in regulation 1.20KB where a child is included.
• The sponsor police check rules in regulations 1.20KC and 1.20KD, which apply to Subclass 300, 309 and 820 applications from 18 November 2016.

The firm's partner visa sponsorship limitations page explains these rules, and the guides on partner visa sponsor requirements and on the sponsorship assessment explain how the Department applies them. The guide on compelling circumstances explains when a limit can be set aside.

A sponsor who is a citizen by descent, or who has lived outside Australia for many years, can still sponsor partner from Taiwan. The guides on a citizen by descent as sponsor and on a sponsor returning to Australia explain how residence and intention are shown. A sponsor whose own permanent visa is new should read the guide on a newly permanent sponsor, because the five-year limit may matter if that visa was itself a partner visa.

Sponsorship approval is decided at the time of decision. For anyone who wants to sponsor partner from Taiwan, that means eligibility must continue until the visa is granted. A sponsor who becomes ineligible, withdraws, or ignores a request during processing can cause refusal. The guide on sponsorship approval explains this timing.

Step two: which pathway fits a Taiwanese partner?

The pathway depends on where the Taiwanese partner is and on the relationship. A partner in Australia on a suitable visa usually applies for Subclass 820. A partner in Taiwan usually applies for Subclass 309. An engaged couple who plan to marry in Australia can consider Subclass 300.

The partner is in Australia on a working holiday or student visa

A Taiwanese partner who is in Australia on a working holiday visa or a student visa can usually lodge an onshore Subclass 820 partner visa application while that visa is still in effect, provided it does not carry a no further stay condition. The partner then generally holds a bridging visa during processing. The answers on a partner visa while on a working holiday visa and on moving from a student visa to a partner visa explain the timing. The guide on the working holiday visa and partner visas explains the de facto evidence problems that a short working holiday can create.

The danger is timing, and it is the most common avoidable problem when Australians sponsor partner from Taiwan onshore. If the working holiday visa ends before lodgement, the partner may become unlawful, and the application must then satisfy the Schedule 3 criteria. The guide on Schedule 3 and partner visas explains that test, and the firm's urgent partner visa lodgement service exists for couples who are close to an expiry date.

The partner is in Taiwan

A partner in Taiwan usually applies for the offshore Subclass 309 partner visa, followed by the Subclass 100. The partner must be outside Australia when the Subclass 309 is granted. The answer on help with an offshore Subclass 309 and 100 application explains the process, and the guide on the offshore partner visa lawyer explains how representation works across countries.

The couple are engaged

A couple who intend to marry in Australia can consider the Subclass 300 Prospective Marriage visa. The partner applies from outside Australia, travels to Australia and marries within the visa period, and then applies for the Subclass 820. The answer on Subclass 300 or a partner visa compares the routes.

The comparison of Subclass 820 and Subclass 309 and the guide on which partner visa pathway applies help couples choose. Choosing correctly before lodging a sponsor partner from Taiwan application avoids an invalid application or an avoidable refusal.

Is your marriage valid? Taiwan household registration and Australian recognition

Yes, if it was registered. A marriage celebrated in Taiwan is valid in Taiwan when it is registered at a household registration office. Under Article 982 of Taiwan's Civil Code, as amended in 2008, registration is what makes the marriage take effect, so a wedding banquet or ceremony alone does not create a valid marriage.

This is the most important Taiwanese document point for anyone who wants to sponsor partner from Taiwan as a spouse. Many couples hold a large wedding celebration. That celebration does not by itself prove a marriage. The Department will want evidence that the marriage was registered. In practice, the household registration record for the Taiwanese partner, which shows the spouse, together with any marriage document issued on registration, is the key evidence.

Once validly registered in Taiwan, a marriage is generally recognised in Australia if it meets the Australian requirements for recognition, including that both parties freely consented and were free to marry. The guide on whether an overseas marriage is recognised in Australia explains the test, and the answer on whether an overseas marriage is recognised for a partner visa gives the short form.

Couples who married in Australia first, and later registered the marriage in Taiwan, should use the Australian marriage certificate as the primary document. The Australian certificate is issued by the state or territory registry. The guide on the partner visa marriage certificate explains which certificate the Department expects. The answer on an unregistered marriage explains what happens if a ceremony was never registered anywhere, and the answer on a religious or cultural marriage explains how ceremonies without legal effect are treated.

Recognition of the marriage is not the end of the inquiry. The Department still assesses whether the relationship is genuine and continuing. The answer on whether a marriage certificate is enough explains why.

Can same-sex couples sponsor partner from Taiwan?

Yes. Australian partner visas are available to same-sex couples, and Taiwan has recognised same-sex marriage since 2019. A same-sex marriage registered in Taiwan can support a spouse application in the same way as any other registered marriage.

Same-sex couples who are not married can still sponsor partner from Taiwan as de facto partners. The usual evidence of a shared life is required. Some same-sex couples have kept their relationship private from family or colleagues. Privacy is not a reason for refusal, but the evidence must still show the relationship. The firm's LGBTI partner visa page, the answer on a same-sex partner visa lawyer and the answer on a private same-sex relationship explain how these cases are presented. For a same-sex couple who want to sponsor partner from Taiwan, the Taiwanese marriage registration is usually the strongest single document.

De facto couples: how to sponsor partner from Taiwan without being married

A de facto couple can sponsor partner from Taiwan if they have a mutual commitment to a shared life to the exclusion of all others, the relationship is genuine and continuing, and they live together or do not live separately on a permanent basis. Generally, the de facto relationship must have existed for at least 12 months before lodgement.

The 12-month requirement is often the hardest part of a sponsor partner from Taiwan application where the couple met during a working holiday. A working holiday can be short, and periods apart while one partner returns to Taiwan can interrupt the evidence. Time apart does not automatically end a de facto relationship, but it must be explained. The guides on the 12-month de facto rule and on time apart and the 12-month period explain how the Department treats these periods.

There is an exception where the relationship has been registered under a prescribed Australian state or territory law. A couple in Australia can sometimes register their relationship and rely on that registration instead of proving 12 months. The answers on registering a de facto relationship for a partner visa and on where to register a relationship in Australia explain the process. Registration has requirements of its own, including residence in the relevant state, and it does not prove the relationship is genuine.

Some couples who want to sponsor partner from Taiwan ask whether they should marry in Taiwan instead. Marriage removes the 12-month de facto requirement, but it must be a genuine decision. The answer on marrying soon after meeting explains how the Department looks at a short courtship. The guide on the de facto partner visa explains the full test.

What police certificate does a Taiwanese partner need?

The Taiwanese partner normally needs a Police Criminal Record Certificate issued by the Taiwanese police, together with police certificates from every other country where the partner lived for 12 months or more in the last 10 years since turning 16.

Taiwanese police publish the process for the Police Criminal Record Certificate. Persons who are or have been domiciled in Taiwan can apply, and applications can be made online through the National Police Agency system as well as in person or by post. An English version can be issued, and a Taiwanese citizen who needs the English version must show a passport copy with the English name. Because the certificate can be applied for from outside Taiwan, it rarely delays a sponsor partner from Taiwan application, and a partner who is in Australia does not usually need to travel to obtain it.

The Department publishes its character requirements for each country, and the current instructions should be checked when the sponsor partner from Taiwan application is prepared. A partner who has spent 12 months or more in Australia since turning 16, for example on a working holiday and a second visa, also needs an Australian Federal Police check. The guides on partner visa overseas police certificates, on the AFP police check and on expired police checks explain timing.

If the partner has any criminal history, advice should be obtained before the sponsor partner from Taiwan application is lodged, because the character requirements in section 501 of the Migration Act 1958 and the public interest criteria apply. The answer on a partner visa lawyer for character issues and the guide on partner visa character refusal explain the risk. The answer on police certificate and health check validity explains why timing matters.

The sponsor who lived in Taiwan: will you need a Taiwanese police check?

Yes, if you lived in Taiwan for 12 months or more in the relevant period. Under regulation 1.20KC, the Department can ask a sponsor for an Australian National Police Check and a police check from each country where the sponsor lived for 12 months or more, in total, since turning 16 in the relevant period.

This matters in many sponsor partner from Taiwan cases because the Australian sponsor met the partner while living in Taiwan, often working as an English teacher, studying Mandarin, or working for an employer there. Those periods can easily exceed 12 months, and they are cumulative. The Police Criminal Record Certificate process published by Taiwanese police is open to foreigners who have been domiciled in Taiwan, so a former resident sponsor can usually apply from Australia.

The request is sent to the sponsor, not the applicant, so a sponsor partner from Taiwan case can fail because of an unread email. Department policy treats 28 days as a reasonable time to provide the checks or, at least, evidence that they have been requested. A sponsor who does not respond can cause the sponsorship to be refused even with a clean record. The guides on the sponsor police check, on a sponsor police check that is not provided and on sponsor police checks at the second stage explain the process.

A sponsor with a conviction in Taiwan or elsewhere should get advice before the request arrives. Not every conviction is a relevant offence. The guides on a sponsor's significant criminal record and on sponsor risk assessment explain the tests.

Household registration transcripts and Traditional Chinese translations

The Taiwanese partner's household registration record, birth and identity documents, marriage registration and police certificate are central documents in a sponsor partner from Taiwan application. Any document not in English must be provided with an accurate English translation.

The household registration record is particularly useful because it can show the partner's identity, family relationships and marital status in one document. It can also show an earlier marriage and divorce. If the partner was previously married, the record should show the divorce, and any divorce documents should be provided. The guide on a partner visa while still married explains what happens if a divorce is not final, and the guide on partner visa previous relationships explains how earlier relationships are disclosed.

Translations from Traditional Chinese should be accurate and complete. A sponsor partner from Taiwan application with partial translations invites a request for more information and delay. In Australia, translations are usually prepared by a NAATI accredited translator. The guide on partner visa evidence translation explains what is expected. Names are a frequent problem. A Taiwanese partner may have a Chinese name, a romanised passport name and an English name used socially. Every version should be explained once, clearly. The answer on different names and dates across documents deals with this.

Couples who communicate in Mandarin or a mix of languages do not need to translate every message. A selection of translated extracts showing the development of the relationship is usually enough. The answers on translating messages and on couples who speak different languages explain the approach. Sponsors who would prefer to speak with the firm in Mandarin can read the answer on a Mandarin-speaking partner visa lawyer.

Relationship evidence across distance and family expectations

The Department assesses the financial aspects, the nature of the household, the social aspects and the nature of the commitment under regulation 1.15A. To sponsor partner from Taiwan successfully, the evidence must fit the couple's real circumstances, including time apart and family arrangements.

Common evidence issues in a sponsor partner from Taiwan case include:

• Distance. Couples often spend months apart between visits. Flight records, accommodation bookings, call logs and messages show contact and continuity. The guides on long-distance relationships and on partner visa travel evidence explain how to present them.
• Living with family. A couple may live with the Taiwanese partner's parents during visits, or may not have lived independently before marriage. That is not unusual. The answer on living with family and the guide on living with parents explain how the household aspect is shown.
• Separate finances. Some couples keep separate accounts for practical reasons. The answer on separate finances for cultural reasons explains how to evidence shared responsibility without a joint account.
• Family recognition. Statements from family in Taiwan and friends in Australia help show social recognition. Supporting statements use Form 888. The guides on Form 888 witness statements and on who can sign Form 888 explain the rules.

Couples who sponsor partner from Taiwan prepare one relationship statement, which is their own account. It must be accurate and consistent with the documents. The answer on a lawyer for relationship statements explains how the firm reviews statements without changing the couple's account, and the guide on how much evidence is needed explains why quality matters more than volume.

Can your Taiwanese partner visit Australia while waiting?

Usually yes. A Taiwanese partner with a pending Subclass 309 application can apply for a visitor visa to visit the sponsor, but must be outside Australia when the Subclass 309 is granted.

The Department assesses each visitor visa on its merits, and a pending partner visa application does not prevent a visitor visa being granted. The partner must still intend a temporary visit. The answers on visiting Australia while a Subclass 309 is processed and on visiting Australia while a Subclass 300 is processed explain the approach.

The sponsor should understand that a visit can change the strategy of a sponsor partner from Taiwan case. A partner who arrives on a visitor visa without condition 8503 may be able to lodge an onshore Subclass 820 instead. A partner with condition 8503 cannot usually do so without a waiver. The guides on the partner visa while on a tourist visa and on the condition 8503 waiver explain both positions. The answer on the time spent overseas while a partner visa is pending is useful for couples who travel between Taiwan and Australia.

Health checks and the second stage

The Taiwanese partner must meet the health requirement, and the couple must show at the second stage, about two years after lodgement, that the relationship is continuing.

For a sponsor partner from Taiwan application, health examinations are arranged through the Department's panel arrangements once the application is lodged or when requested. The guides on partner visa health requirements and on the partner visa medical examination explain what is involved. Where a significant health condition exists, the guide on the partner visa health waiver explains the waiver that may be available.

At the second stage, the sponsor partner from Taiwan process continues with updated evidence and statements. The guide on second stage documents and the answer on a lawyer for the Subclass 801 permanent stage explain what is needed onshore, and the answer on a lawyer for the Subclass 100 permanent stage explains the offshore equivalent. The sponsor's continuing role is explained in the guide on partner visa sponsor obligations.

What does it cost to sponsor partner from Taiwan?

At the time of writing, the Partner visa application charge for the main applicant is AUD 11,710, paid at lodgement. It covers both stages of the combined application.

When you sponsor partner from Taiwan, other costs depend on the facts, such as health examinations, police certificates, translations and travel between Taiwan and Australia. The Department can change its charges, so the amount should be checked on the day of lodgement. The guide on the partner visa cost explains the charge, and the answer on who pays the partner visa fee explains that either partner can pay.

If a sponsor partner from Taiwan application is refused and reviewed, the Administrative Review Tribunal fee for a partner visa review is AUD 3,727 at the time of writing. The guide on the partner visa appeal cost explains when that fee is payable.

What if the Department refuses the sponsor partner from Taiwan application?

The refusal can usually be reviewed by the Administrative Review Tribunal. The review application must be made within 28 days after the decision is notified, and that time is strict.

Before refusing a sponsor partner from Taiwan application, the Department will often send a section 56 request for more information or a section 57 letter setting out adverse information for comment. The guides on the section 56 request for more information and on section 57 adverse information explain how to respond. The answer on the difference between section 56 and section 57 is a useful starting point.

For a Subclass 820 refusal, the visa applicant applies for review. For a Subclass 309 refusal, the visa applicant also applies for review in their own name, under section 338(9) of the Migration Act 1958 with regulations 4.02(4)(saa) and 4.02(5)(raa), inserted in 2023. The answer on who applies for review of an offshore refusal explains the change. The guides on how to appeal a partner visa refusal and on the partner visa ART hearing explain the steps, and the firm's partner visa refusals page explains review work.

On review, the Tribunal reconsiders the whole case and can consider new evidence. A missing household registration record, an untranslated document or an unexplained period apart can often be addressed at review. The guide on the partner visa refusal letter explains how to read the decision so the review deals with the real issues.

Common mistakes when you sponsor partner from Taiwan

The most common mistakes are treating a wedding celebration as a registered marriage, letting a working holiday visa expire before lodging, and overlooking the sponsor's own Taiwanese police check.

Other mistakes seen in sponsor partner from Taiwan matters include:

• No household registration evidence. Providing photos of the wedding but not the registration record.
• Name confusion. Using Chinese, romanised and English names inconsistently without explanation.
• Gaps in the de facto period. Claiming 12 months of de facto relationship that includes long periods apart without evidence of continuing commitment.
• Untranslated documents. Uploading Traditional Chinese documents without English translations.
• An ignored sponsor request. The sponsor missing a police check request sent to their own email.

The guide on partner visa application mistakes explains more, and the answer on having a lawyer check the application before lodging explains the value of a pre-lodgement review.

How My Migration Lawyers helps you sponsor partner from Taiwan

My Migration Lawyers acts for Australian sponsors and their Taiwanese partners in onshore, offshore and prospective marriage matters, including cases that begin on a working holiday visa, cases where the sponsor lived in Taiwan, same-sex marriages registered in Taiwan, and refusals. The firm deals with complex partner visa cases, acts in many matters of this type and is capable of handling a sponsor partner from Taiwan application from the first assessment to Tribunal review.

On a sponsor partner from Taiwan matter, the firm typically:

• Assesses the sponsor's eligibility, including the limits in regulation 1.20J and whether the sponsor's years in Taiwan trigger a Taiwanese police check under regulation 1.20KC.
• Advises on the right pathway, Subclass 820, 309 or 300, and on lodgement timing where a working holiday or student visa is close to expiry.
• Reviews the household registration record and marriage registration to confirm the marriage is valid and correctly evidenced.
• Plans the Police Criminal Record Certificate and other police certificates so they are current when needed, and coordinates Traditional Chinese translations and name explanations.
• Organises relationship evidence across distance, family living arrangements and separate finances, and reviews the couple's own relationship statement and Form 888 statements.
• Responds to section 56 requests and section 57 letters, and prepares Administrative Review Tribunal reviews.

Consultations are by video, so a sponsor partner from Taiwan matter can run entirely online. Sponsors anywhere in Australia, and couples who are in Taiwan, can meet with the firm without travelling. Matters are supervised by Weiwei Zhang, Principal Lawyer. The answers on whether there is a partner visa lawyer for complex cases and on what a good partner visa lawyer does explain the firm's approach, and sponsors can also read the pages for partner visa lawyers in Sydney, Melbourne, Brisbane and Adelaide.

If you want to sponsor partner from Taiwan, or the Department has sent a request or refused the application, Book a Consultation with My Migration Lawyers, or call 1300 040 300.