Sponsoring a Partner From Ukraine

Planning to sponsor partner from Ukraine? The Australian sponsor must be eligible and approved, and the couple must show a genuine and continuing relationship. To sponsor partner from Ukraine today, the sponsor also has to deal with problems that most partner visa applications never face: a partner who may be displaced, documents that may be lost or out of reach, and long periods apart that neither partner chose.

This guide is written for the Australian sponsor. It explains how the partner's current location decides the visa, who can sponsor, how to deal with missing or electronic Ukrainian documents, how the Ukrainian police certificate is obtained, how Ukrainian marriages are recognised, how the Department of Home Affairs looks at separation caused by the war, and what to do if a sponsor partner from Ukraine application is refused.

My Migration Lawyers acts for sponsors in partner visa matters by video, with sponsors across Australia and partners overseas. The firm's partner visa lawyers page explains its partner visa practice, and the partner visa sponsorship limitations page explains the rules that decide whether the sponsorship can be approved.

Can you sponsor partner from Ukraine while the war continues?

Yes. The war does not change the partner visa law. An Australian citizen, permanent resident or eligible New Zealand citizen can sponsor partner from Ukraine if the sponsorship limitations do not apply and the couple is married, in a de facto relationship, or engaged to marry.

The partner visa criteria are the same for every nationality. What the war changes is the evidence and the logistics. A sponsor partner from Ukraine application may involve a partner who has moved several times, civil records held in a city the partner cannot reach, a police certificate that is issued electronically, and a relationship that has been conducted largely by video call. None of these is a legal bar. Each needs to be explained in the application.

Smartraveller continues to advise Australians not to travel to Ukraine, and states that Australia's ability to provide consular help there is severely limited. A sponsor does not need to travel to Ukraine to sponsor partner from Ukraine. The relationship can be evidenced through time spent together in Australia or in third countries, and through ongoing contact.

Where is your Ukrainian partner now?

The partner's location decides the pathway. A partner outside Australia, whether in Ukraine or in a third country, applies for the offshore Subclass 309 visa or the Subclass 300 Prospective Marriage visa. A partner lawfully in Australia may be able to apply for the onshore Subclass 820 visa.

Many Ukrainian partners are no longer where they were before 2022. A sponsor partner from Ukraine matter often starts with one of three situations.

The partner is still in Ukraine

A partner in Ukraine can apply for the Subclass 309 partner visa, which leads to the permanent Subclass 100 visa. The application is lodged online. The partner must be outside Australia when the application is made and when the Subclass 309 visa is granted. The practical difficulty is that the Department may ask for biometrics and health examinations, which must be completed at an approved location, and the partner may need to travel to complete them. Smartraveller reports that Ukrainian men of military age, including Australian and Ukrainian dual nationals, are being stopped from leaving Ukraine. A sponsor partner from Ukraine application for a male partner must take that into account when planning each step. The firm's answer on help with an offshore Subclass 309 and Subclass 100 application and the guide on partner visa offshore lodgement explain the offshore process.

The partner is displaced in a third country

Many Ukrainians now live in other countries in Europe and elsewhere. A partner living in a third country can still apply offshore for a Subclass 309 or Subclass 300 visa from that country. If the partner has lived in that country for 12 months or more in the last 10 years since turning 16, a police certificate from that country will usually be required in addition to the Ukrainian certificate. The partner's immigration status in the third country is also relevant, because the partner must be able to remain outside Australia until grant. The answer on being outside Australia when the Subclass 309 is granted explains the rule.

The partner is in Australia

A Ukrainian partner who is in Australia may be able to apply for the Subclass 820 partner visa without leaving. Some Ukrainian nationals in Australia hold temporary humanitarian visas, such as the Subclass 786 Temporary (Humanitarian Concern) visa, and others hold visitor, student, work or bridging visas. The visa held, its conditions, and whether it is still in effect decide whether a valid Subclass 820 application can be made. Condition 8503 (No Further Stay) and the Schedule 3 criteria are the two most common obstacles. The guides on the partner visa no further stay condition and on a partner visa without a substantive visa, and the firm's Schedule 3 waivers page, explain these issues. Where a visa is about to end, the firm's urgent partner visa lodgement page explains its urgent service.

The comparison of Subclass 820 and Subclass 309 explains the practical differences. A sponsor partner from Ukraine plan should be settled on the correct pathway before any application is lodged, because an application lodged on the wrong basis can be invalid.

Who can sponsor partner from Ukraine?

The sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, aged 18 or over, who meets the sponsorship requirements in regulations 1.20J to 1.20KD of the Migration Regulations 1994.

The sponsorship rules apply in the same way whatever the partner's nationality, so a sponsor partner from Ukraine application is assessed under the same regulations as any other. The key limitations for a sponsor partner from Ukraine application are:

• Two sponsorships. Under regulation 1.20J, a sponsor generally cannot sponsor more than two partners in a lifetime, or sponsor within five years of a previous partner sponsorship, unless there are compelling circumstances.
• The sponsor's own grant. A sponsor who obtained permanent residence as a partner generally cannot sponsor within five years of that grant, unless there are compelling circumstances.
• Children. Regulation 1.20KB can prevent approval where a child is included in the application and the sponsor has a relevant conviction for a child-related offence.
• Sponsor character. Regulations 1.20KC and 1.20KD apply to Subclass 300, Subclass 309 and Subclass 820 applications made on or after 18 November 2016. The Department can request the sponsor's police checks and must refuse where the sponsor has a significant criminal record for a relevant offence, subject to a discretion.

The sponsor completes the Form 40SP sponsorship and undertakes to provide financial assistance and accommodation for the first two years. The guides on partner visa sponsor eligibility, on the partner visa sponsor and on the partner visa sponsor undertaking explain each requirement, and the guide on proof of the sponsor's citizenship explains how status is shown.

A sponsor who lived in Ukraine

Many people who sponsor partner from Ukraine are of Ukrainian heritage. A sponsor who lived in Ukraine for 12 months or more, in total, in the relevant period since turning 16 can be asked for a Ukrainian police certificate under regulation 1.20KC(5). Department policy treats 28 days as a reasonable time to provide the checks or evidence that they have been requested. A sponsor who cannot obtain a foreign certificate can ask for the requirement to be waived, supported by a statutory declaration explaining the efforts made. The guides on the partner visa sponsor police check and on a sponsor police check that is not provided explain the process.

A sponsor who lives overseas

Some people who sponsor partner from Ukraine have moved to be near their partner in Europe. An Australian citizen sponsor can sponsor from overseas, but a permanent resident sponsor generally needs to be usually resident in Australia. The guide on a partner visa sponsor living overseas and the answer on an Australian living overseas sponsoring a partner explain the rules.

What if Ukrainian documents were lost, destroyed or cannot be reached?

The application can still proceed. Where an original civil document has been lost, destroyed or is held in an area the partner cannot reach, the partner should provide whatever copies and alternative evidence exist, and explain in writing what happened and what efforts were made to obtain a replacement.

This is one of the most distinctive issues in a sponsor partner from Ukraine application. Birth certificates, marriage certificates and divorce records may have been left behind when the partner fled. Records may be held by a registry office in an occupied or damaged area. In some cases, the partner has only a photograph or scan.

A careful response usually includes:

• What exists. Copies, scans, photographs and electronic versions of the documents, and any other official document that records the same facts, such as a passport or an identity card.
• What happened. A short, factual account of when and how the original was lost or became inaccessible.
• What was tried. Evidence of attempts to obtain a replacement, such as requests to registry offices or consular services, and the responses received.
• Consistency. Confirmation that names, dates and places match across every document provided.

The Department assesses the evidence in a sponsor partner from Ukraine application as a whole. A clear explanation supported by evidence of effort is far stronger than a silent gap. The answer on what to do when a birth or marriage certificate cannot be obtained and the guide on partner visa missing documents explain how gaps are dealt with. A sponsor partner from Ukraine application that explains missing documents at lodgement is much less likely to be delayed by requests later.

Are electronic Ukrainian documents accepted?

Often, yes. The Department generally accepts electronic copies uploaded through ImmiAccount and does not usually require originals, although a case officer can ask for an original or certified copy, or verify a document, where there is a concern.

Ukraine issues many documents electronically. Official guidance indicates that the Ukrainian police certificate can be obtained online or through the Diia mobile application and is sent electronically. Many Ukrainians also hold digital versions of identity documents in Diia. In a sponsor partner from Ukraine application, electronic documents should be uploaded in a form that shows their full content, and any verification code or reference should be visible. Each document not in English needs an accurate English translation.

The guides on partner visa ImmiAccount uploads and on partner visa evidence translation, and the answer on uploading documents for a partner visa, explain the practical steps.

What is the Ukrainian police certificate?

The Ukrainian police certificate is an extract on a person's criminal prosecution and criminal record issued through the Ministry of Internal Affairs of Ukraine. In a sponsor partner from Ukraine application, the Ukrainian partner must usually provide it if they have lived in Ukraine for 12 months or more in the last 10 years since turning 16.

Official guidance indicates that a Ukrainian citizen in Ukraine can request the certificate through the Ministry's online service or through the Diia mobile application, and receives it electronically. A Ukrainian citizen living outside Ukraine can apply in person at a Ukrainian embassy, or give notarised authority to a representative to apply on their behalf. A non-citizen, such as an Australian sponsor who lived in Ukraine, can apply in person or through a representative with notarised authority, in Ukraine or through a Ukrainian embassy or consular office abroad.

For a sponsor partner from Ukraine application, three practical points matter:

• Every country counts. A displaced partner who has lived in another country for 12 months or more in the last 10 years will also need that country's police certificate.
• Validity. Police certificates have a limited period of validity for visa purposes. A certificate obtained too early may expire before the decision.
• Names. The certificate should cover every name used. Ukrainian names are transliterated in different ways across documents, and differences should be explained.

The guides on partner visa overseas police certificates and on expired partner visa police checks, and the answers on police checks for a partner visa and on when a police certificate cannot be obtained, explain the rules.

Is a marriage registered in Ukraine recognised in Australia?

Yes, generally. A marriage that is valid under the law of the place where it took place is generally recognised in Australia under Part VA of the Marriage Act 1961, unless an exception applies, such as one party already being married, a party being under marriageable age, a prohibited relationship, or a lack of real consent.

In Ukraine, marriages are registered by the state civil registration authorities, and couples who sponsor partner from Ukraine on the basis of marriage rely on that registration. The marriage certificate, with an English translation, is the main evidence of the marriage. Where the certificate itself has been lost, a sponsor partner from Ukraine application should include any copy and an explanation, as described above.

Couples who could not marry in person because of the war sometimes consider a ceremony by video or by proxy. Whether a marriage conducted that way is recognised in Australia depends on the law of the place of the marriage and on the Marriage Act, and the position should be checked before relying on it. The answer on a proxy or online marriage and the spouse visa explains the risks, and the guides on whether an overseas marriage is recognised in Australia and on an overseas marriage that is not recognised explain the general rules. The answer on whether a marriage certificate is enough for a spouse visa explains why relationship evidence is still needed.

How do you prove the relationship when the war keeps you apart?

By showing that the relationship has continued despite the separation. The Department assesses the four aspects in regulation 1.15A, and a period apart for reasons outside the couple's control is not inconsistent with a genuine and continuing relationship.

Many couples who sponsor partner from Ukraine have spent long periods apart. A male partner may be unable to leave Ukraine. A female partner may be caring for family in a third country. The sponsor may be unable to travel safely to Ukraine. The relationship continues through daily messages, video calls and visits to third countries when possible.

The evidence should show:

• The reason for the separation. A short, factual account of why the couple cannot live together, linked to the circumstances.
• Ongoing contact. Messaging and call records across the period, presented in summary with samples rather than in bulk.
• Time together when possible. Travel records and photographs from any visits.
• Support. Financial and emotional support during the separation.
• Commitment. Plans for living together in Australia, and steps already taken.

The guides on partner visa temporary separation and on a partner visa without living together, and the answers on time apart and the 12-month de facto rule and on explaining gaps in relationship evidence, explain how separation is presented. The guide on the partner visa relationship timeline explains how a clear timeline helps a case officer follow a relationship that has moved between countries. A sponsor partner from Ukraine relationship statement should tell this story in the couple's own words, which they review and correct before lodgement.

Do Ukrainian names and transliteration cause problems?

Yes, they can. A Ukrainian name may appear in Ukrainian, in Russian and in several English spellings across a passport, a birth certificate, a translation and an Australian record. Unexplained differences can raise identity questions and lead to requests for more information.

A sponsor partner from Ukraine application should set out the partner's full name in Ukrainian, any patronymic, the spelling used in the international passport, and every other spelling that appears in the evidence. Older documents issued before the current transliteration rules, and documents issued in Russian, often use different spellings. Where the partner changed name on marriage or divorce, the relevant certificate should be provided. Dates and places of birth should also be checked for consistency. Explaining these variations at lodgement prevents a sponsor partner from Ukraine application being delayed by an identity query. The answers on different names and dates on documents and on a name change after marriage explain how these issues are dealt with.

Can compelling circumstances help a de facto couple?

Possibly. A de facto couple must generally have been in the de facto relationship for 12 months before applying, but that requirement does not apply where there are compelling and compassionate circumstances for granting the visa.

Couples who sponsor partner from Ukraine on a de facto basis sometimes cannot show 12 months together, because the war interrupted their plans. Whether the circumstances are compelling and compassionate depends on the facts as a whole, and the exception is not automatic. Registering the relationship in an Australian state or territory is another way the 12-month requirement can be met, where registration is available. The answers on compelling and compassionate circumstances for a partner visa and on applying before 12 months as a de facto couple, and the guide on partner visa compelling circumstances, explain the test.

What should the relationship statement and Form 888 statements cover?

There is one relationship statement, the couple's own account of the relationship, and supporting statements from people who know the couple are given on Form 888 by Australian citizens, Australian permanent residents or eligible New Zealand citizens.

In a sponsor partner from Ukraine application, the relationship statement does more work than usual. It explains how the couple met, how the relationship developed, how the war affected their plans, where each partner has lived since, why they have been apart, how they have stayed in contact and supported each other, and what they plan for life in Australia. It must be accurate, consistent with the documents, and in the couple's own words. They review and correct it before it is lodged. The guide on the partner visa relationship statement and the answer on differences between relationship statements explain how inconsistencies are avoided.

Relatives and friends in Ukraine or in third countries cannot complete Form 888. Couples who sponsor partner from Ukraine often have suitable witnesses in Australia, such as the sponsor's family, friends who have met the partner on a visit, and members of the Ukrainian community who know both partners. Each witness should describe what they have personally seen. The guides on the Form 888 for a partner visa and on Form 888 witness statements, and the answer on statements from friends overseas, explain the requirements. A sponsor partner from Ukraine application with well-chosen witnesses gives the case officer independent confirmation of a relationship that may otherwise be documented mostly by messages.

What if children are included and the other parent is in Ukraine?

Children can be included, but the consent of any other parent with custody or access rights, or a court order, is usually needed. Where the other parent is in Ukraine, serving in the military, missing or cannot be contacted, obtaining consent can be difficult, and the position should be documented carefully.

A sponsor partner from Ukraine application with children should start this step early. Where consent is available, it should be properly signed, witnessed and translated. Where it is not, the application should explain why and include evidence, such as attempts to contact the other parent or any court order. Public interest criteria about the best interests of the child apply. The guides on adding children to a partner visa and on a partner visa without the other parent's consent, and the answers on the other parent refusing consent and on including a partner's children, explain the requirements. The guide on non-migrating children explains what happens where a child stays behind.

Can a Ukrainian partner visit Australia while the application is processed?

It is possible. A Ukrainian partner with a pending Subclass 309 or Subclass 300 application can apply for a visitor visa, but grant is not automatic, and the visitor visa may carry condition 8503 (No Further Stay).

The visitor visa is assessed on its own criteria, including a genuine intention to stay temporarily. If the partner does travel, they must still be outside Australia when the Subclass 309 or Subclass 300 visa is granted. A sponsor partner from Ukraine plan that involves a visit should be checked before travel, particularly if the couple is considering an onshore application later. The answers on a spouse visitor visa for Australia and on visiting Australia while a Subclass 309 is processed, and the guide on a visitor visa during partner visa processing, explain the risks.

What does it cost to sponsor partner from Ukraine?

At the time of writing, the Partner visa application charge for the main applicant is AUD 11,710. The charge covers both the temporary and permanent stages. Additional costs include police certificates, health examinations, translations and travel to any biometrics or medical appointment.

The charge is paid at lodgement. Additional charges apply for other applicants included in the application. For a sponsor partner from Ukraine application, the cost of obtaining documents from abroad can be significant. The guide on partner visa cost and the answer on partner visa cost explain the government charges. Health examinations are explained in the guide on partner visa health requirements. My Migration Lawyers does not publish its professional fees; they are set out in a written costs agreement after the initial consultation.

What happens after the sponsor partner from Ukraine application is lodged?

The Department may request further information, biometrics, health examinations and the sponsor's police checks. The permanent Subclass 100 or Subclass 801 stage is assessed about two years after the combined application was lodged.

A sponsor partner from Ukraine application can change while it is pending. The partner may move to another country, a new document may be recovered, or the couple may finally be able to live together. Changes of address and circumstances should be reported. Newly obtained evidence can be uploaded. The guides on partner visa sponsorship lodgement, on partner visa sponsorship delay and on the partner visa sponsor at the second stage explain the sponsor's role after lodgement. The answer on a partner visa lawyer when the partner lives overseas explains how the firm acts where the couple is in different countries.

Can a refused sponsor partner from Ukraine application be reviewed?

Yes, usually. A refusal of a Subclass 309 or Subclass 820 visa can be reviewed by the Administrative Review Tribunal. The visa applicant applies for review, and the application must be made within 28 days after the decision is notified.

For a Subclass 309 refusal, the visa applicant applies in their own name under the provisions inserted in 2023. At the time of writing, the Tribunal fee for a partner visa review is AUD 3,727. The Tribunal decides the case on the evidence before it at the time of its decision, so recovered documents, updated police certificates and fuller evidence of the relationship can be provided. Refusals in these matters often turn on gaps that can be explained with better evidence. The guides on how to appeal a partner visa refusal, on the partner visa appeal deadline, on partner visa ART evidence and on a partner visa refused for insufficient evidence explain the steps. The firm's partner visa refusals page and its urgent visa refusal review page explain its review work.

What mistakes cause problems when you sponsor partner from Ukraine?

The most common problems are lodging on the wrong pathway for the partner's current location and visa, leaving lost documents unexplained, missing a third-country police certificate, and relationship evidence that does not explain why the couple has been apart.

Other mistakes seen when couples sponsor partner from Ukraine include:

• Not checking the partner's Australian visa. The partner's humanitarian, visitor or other visa carried conditions that affected an onshore application.
• Ignoring travel limits. The couple did not plan how a male partner in Ukraine would attend biometrics or health appointments.
• Relying on an online ceremony. The couple relied on a marriage conducted remotely without checking whether Australia recognises it.
• Late child consent. The other parent's consent was not sought until the Department asked.
• Unexplained name variations. Ukrainian, Russian and English spellings of the same name differ across documents.
• Sponsor history. The sponsor did not check previous sponsorships or prepare for a Ukrainian police certificate request.

The guide on partner visa application mistakes explains wider patterns, and the guide on complex partner visa applications explains how difficult matters are prepared.

How My Migration Lawyers helps you sponsor partner from Ukraine

My Migration Lawyers acts for Australian sponsors and their Ukrainian partners in Subclass 309, Subclass 300 and Subclass 820 matters, including partners who are still in Ukraine, displaced in third countries, or in Australia on temporary visas. The firm deals with complex partner visa cases, acts in many matters of this type and is capable of handling a sponsor partner from Ukraine application from the first assessment through to Tribunal review.

The firm's work on a sponsor partner from Ukraine matter typically includes:

• Confirming the correct pathway for the partner's current location and visa, including any condition 8503 or Schedule 3 issue for a partner in Australia.
• Assessing the sponsor's eligibility under regulations 1.20J to 1.20KD, including previous sponsorships and any Ukrainian police certificate the sponsor may need.
• Identifying which police certificates are needed, from Ukraine and from any third country, and advising on how they can be obtained.
• Advising on lost, destroyed or inaccessible civil documents, electronic documents and translations, and preparing the explanation that accompanies them.
• Advising on the recognition of the marriage and on the de facto requirements, including compelling circumstances where relevant.
• Reviewing evidence of a relationship conducted across distance and separation, and reviewing the couple's relationship statement, which remains their own account, and the Form 888 statements.
• Advising on children, including consent where the other parent is in Ukraine or cannot be contacted.
• Preparing and lodging the sponsorship and visa application, responding to section 56 requests and section 57 letters, and acting in Administrative Review Tribunal reviews.

Consultations are by video, so the firm can act for sponsors anywhere in Australia while the partner remains overseas. The firm's Sydney, Melbourne, Adelaide and Canberra partner visa lawyer pages explain its work in those cities. Sponsorship and refusal matters are supervised by Weiwei Zhang, Principal Lawyer. The partner visa FAQ centre answers many common questions, and the firm can be reached through its contact page.

If you plan to sponsor partner from Ukraine, or your partner's documents, location or visa make the application difficult, Book a Consultation with My Migration Lawyers, or call 1300 040 300.