Sponsoring a Partner From the United Kingdom

A sponsor partner from the UK application is one of the most common partner visa scenarios in Australia, but it is not automatic. To sponsor partner from the UK, the Australian citizen, permanent resident or eligible New Zealand citizen must be approved as a sponsor, the couple must meet the married or de facto relationship requirements, and the British partner must satisfy the health, character and other visa criteria.

This guide is written for the Australian sponsor. It explains who can sponsor partner from the UK, how to choose between the offshore Subclass 309 visa and the onshore Subclass 820 visa, how the 12-month de facto rule applies to couples who have lived together in Britain, which documents and police certificates are needed, what happens when the sponsor has been living in the United Kingdom, and what to do if the visa is refused.

The firm's complete guide to partner visas in Australia explains the full framework. The applicant-side guide to the Australian partner visa for UK citizens covers the visa from the British partner's point of view. This article looks at the same process from the sponsor's side.

Can an Australian sponsor partner from the UK?

Yes. An Australian citizen, an Australian permanent resident or an eligible New Zealand citizen can sponsor partner from the UK for a partner visa, provided the sponsorship is approved and no sponsorship limitation applies.

The British partner's nationality gives no special advantage or disadvantage to anyone who wants to sponsor partner from the UK. The same legal tests apply to a sponsor partner from the UK application as to any other partner visa. What differs is the practical situation. Many sponsors in these cases have themselves lived in the United Kingdom for years, hold British as well as Australian citizenship, or are returning to Australia with a partner they met abroad. Those facts raise specific questions that are covered below.

The firm's guides to partner visa sponsor eligibility and partner visa sponsor requirements, and the short answer on who can sponsor a partner visa, set out the basic rules. The sponsor applies to be approved, usually through the online system or using Form 40SP, and gives an undertaking to support the applicant, which is explained in the guide to the sponsor undertaking.

Sponsor partner from the UK when the sponsor is a dual citizen

An Australian citizen who also holds British citizenship can sponsor in the same way as any other Australian citizen. The sponsor must prove Australian citizenship, usually with an Australian passport or citizenship certificate. A British passport alone does not prove Australian status. The guides to a partner visa sponsor who is a dual citizen and to proving the sponsor is an Australian citizen explain the evidence.

Some sponsors were born in the United Kingdom to an Australian parent and hold Australian citizenship by descent. They can also sponsor, and the guide to an Australian citizen by descent as a partner visa sponsor explains how their citizenship is proved.

Sponsor partner from the UK when the sponsor is a permanent resident living in Britain

An Australian permanent resident who has been living in the United Kingdom needs to check that they still hold a valid visa to return. A permanent visa remains in effect, but the travel facility that allows the holder to re-enter Australia usually expires five years after grant. A permanent resident whose travel facility has expired may need a Resident Return visa before returning. The guides to a sponsor whose travel facility has expired and to a sponsor applying for a Resident Return visa explain these issues, and the guide to permanent residents as partner visa sponsors covers the general position.

The sponsorship limitations

Regulation 1.20J limits the number and timing of partner sponsorships, and it applies to every sponsor partner from the UK application. In summary, a person may have at most two approved partner or fiancé sponsorships, cannot have a second sponsorship approved until at least 5 years after the first sponsored visa application was made, and cannot sponsor a partner until at least 5 years after their own partner visa application if they were sponsored as a partner themselves. The limits can be waived where there are compelling circumstances affecting the sponsor. The sponsor's criminal history is also assessed under regulations 1.20KB, 1.20KC and 1.20KD. The firm's page on partner visa sponsorship limitations explains each rule.

Which visa suits a sponsor partner from the UK application?

The offshore Subclass 309 visa suits a British partner who will apply from outside Australia, and the onshore Subclass 820 visa suits a partner who is already in Australia on a substantive visa without condition 8503. The Subclass 300 prospective marriage visa suits an engaged couple who plan to marry after the partner arrives.

The main options for a sponsor partner from the UK application are:

• Subclass 309 partner visa. The British partner applies from outside Australia and must generally be outside Australia when the visa is granted under subclause 309.412(1). After grant, the partner can travel to and live in Australia. The permanent Subclass 100 stage follows.
• Subclass 820 partner visa. The partner applies in Australia, usually receives a Bridging visa A if they hold a substantive visa at the time of application, and can generally remain in Australia while the application is processed. The permanent Subclass 801 stage follows.
• Subclass 300 prospective marriage visa. The partner applies from outside Australia, must have met the sponsor in person since turning 18, and must marry within the visa period, which is between 9 and 15 months.

The firm's comparison of onshore and offshore partner visas and the short answer on Subclass 820 versus Subclass 309 explain the trade-offs in more detail.

The couple who want to move to Australia together

A common sponsor partner from the UK scenario is an Australian sponsor who has been living in Britain and wants to return home with a British partner. The timing of the move shapes the visa choice.

If the couple want to arrive together and stay, the Subclass 309 visa usually requires the partner to wait outside Australia for the grant. Arriving in Australia on a visitor visa while a Subclass 309 is processed is possible for visits, but the partner must generally leave again before the Subclass 309 can be granted. If the couple want to live in Australia immediately, the onshore Subclass 820 visa may be the better pathway, provided the partner enters on a suitable visa and lodges before that visa expires.

The guides to a partner visa sponsor returning to Australia, a partner visa sponsor living overseas and the short answer on an Australian living overseas sponsoring a partner explain how a sponsor who has lived abroad shows that the couple intend to live in Australia.

Can a British partner apply onshore on a working holiday or visitor visa?

Yes, in many cases. A British partner in Australia on a substantive visa, such as a working holiday visa or a visitor visa, can usually apply for a Subclass 820 visa onshore, provided the visa does not carry condition 8503 or a similar no further stay condition and the other criteria are met.

Condition 8503 prevents the grant of most substantive visas in Australia. On the Subclass 600 visitor visa it is mandatory in some streams, such as the Sponsored Family stream, and discretionary in others, such as the Tourist stream. A sponsor partner from the UK application should therefore start with a check of the partner's current visa grant notice or a Visa Entitlement Verification Online (VEVO) check to confirm which conditions apply. The guides to the no further stay condition and the 8503 waiver explain why a waiver is difficult to obtain.

Timing matters as much as conditions. A partner who lodges while holding a substantive visa avoids the Schedule 3 criteria. A partner who lets the visa expire and then lodges must meet the Schedule 3 criteria or ask for them to be waived for compelling reasons. The guides to a partner visa on a working holiday visa, a partner visa while on a tourist visa and lodging a partner visa before the current visa expires explain the risks. Where the partner's visa is about to expire, the firm's urgent partner visa lodgement page applies.

How does the 12-month de facto rule affect a couple from the UK?

A de facto couple who sponsor partner from the UK must generally show that the de facto relationship existed for at least 12 months immediately before the visa application, unless the relationship is registered under a prescribed Australian State or Territory law or another exception in regulation 2.03A applies.

Many couples in sponsor partner from the UK cases are not married. They have lived together in Britain, often for years, and apply as de facto partners. For a sponsor partner from the UK application, time spent living together in the United Kingdom counts towards the 12 months in exactly the same way as time in Australia. What matters is that the de facto relationship, as defined in section 5CB of the Migration Act, existed for the full 12 months before the application.

The exceptions in regulation 2.03A are:

• Registration in Australia. The 12-month rule does not apply if the relationship is registered under one of the State or Territory laws prescribed in the regulations, such as the relationship registers in New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory. Department policy confirms that registration can occur after the application is made, as long as it happens before the decision. A receipt for a registration application is not enough.
• Compelling and compassionate circumstances. The rule can be set aside where there are compelling and compassionate circumstances, such as a dependent child of the relationship. Department policy states that pregnancy alone is not usually enough.
• Partners of certain humanitarian visa holders or applicants.
• Marriage. If the couple marry, they are assessed as spouses and the 12-month de facto rule no longer applies.

The firm's guides to the 12-month de facto rule for the Subclass 820, the minimum relationship length and the de facto partner visa, and the short answers on when the 12-month de facto period starts and registering a de facto relationship for a partner visa, explain how this works.

What about a UK civil partnership?

For a sponsor partner from the UK application, a civil partnership registered in the United Kingdom is strong evidence of a committed relationship, but it is not one of the Australian State or Territory registrations prescribed in regulation 2.03A, so it does not by itself remove the 12-month requirement. A sponsor partner from the UK application based on a civil partnership is usually assessed as a de facto relationship, and the civil partnership certificate is presented as evidence of the couple's commitment. The short answer on overseas registered relationships and partner visas explains the position.

Same-sex couples from the UK

A same-sex marriage solemnised in the United Kingdom is recognised in Australia. Since 9 December 2017, Part VA of the Marriage Act 1961 has recognised foreign same-sex marriages that were valid where they were solemnised. A same-sex couple who sponsor partner from the UK can therefore apply as spouses if they are married, or as de facto partners if they are not. The firm's LGBTI partner visa lawyers page and the short answer on same-sex marriage and the spouse visa explain the options.

Tribunal decisions on the 12-month rule

The 12-month rule is a frequent issue in published Tribunal decisions. Several have been remitted to the Department:

• In Allcock (Migration) [2023] AATA 240, a Subclass 309 matter, the issues recorded were not being in a de facto relationship for 12 months when the application was made, and the financial, household and social aspects of the relationship and the nature of commitment. The Tribunal remitted the matter.
• In Lai (Migration) [2019] AATA 5651, a Subclass 820 matter, the issues recorded were a de facto relationship of at least 12 months and a registered relationship under Victorian state law. The Tribunal remitted the matter.
• In TRAN (MIGRATION) [2024] ARTA 224, a Subclass 820 matter, the issues recorded were not being in a de facto relationship for 12 months before the application was made, the passage of time and the relationship now being registered, and limited evidence of joint finances. The Tribunal remitted the matter.

Each case turns on its own facts, and none decides a later sponsor partner from the UK case. These decisions show that registration of the relationship, even after lodgement, can change the outcome of a 12-month issue on review. The guide to the de facto visa refused under the 12-month rule deals with the review position.

When does the prospective marriage visa suit a couple from the UK?

The Subclass 300 prospective marriage visa suits a sponsor partner from the UK application where the couple are engaged, have met in person since turning 18, and plan to marry after the British partner arrives, but have not lived together long enough to apply as de facto partners.

This pathway is often relevant where the sponsor met the British partner while working or travelling in the United Kingdom, the couple became engaged, and they do not yet have 12 months of de facto relationship. The applicant must be outside Australia when the visa is granted. Once granted, the visa allows the partner to enter Australia, and condition 8519 requires the marriage to take place within the visa period, which is set at between 9 and 15 months. Condition 8515 means the holder must not marry before entering Australia.

For a wedding in Australia, the couple must give a Notice of Intended Marriage to the celebrant generally at least one month before the ceremony. After the marriage, the partner applies onshore for the Subclass 820 and Subclass 801 visa. The short answers on the fiance visa compared with the partner visa, the Notice of Intended Marriage and moving from a fiance visa to a partner visa explain each step. A couple who would rather marry in the United Kingdom first can instead apply as spouses for the Subclass 309 visa, which is often simpler for a sponsor partner from the UK case where the wedding is planned in Britain.

Is a marriage in the UK recognised in Australia?

Yes. A marriage validly solemnised in England, Wales, Scotland or Northern Ireland is recognised in Australia, provided none of the exceptions in Part VA of the Marriage Act applies, such as a prior marriage that had not ended or a marriage within a prohibited degree of relationship.

For a sponsor partner from the UK application, the marriage certificate issued in the United Kingdom is the main evidence of the marriage. It is in English, so no translation is required. Recognition of the marriage satisfies only one part of the spouse definition in section 5F of the Migration Act. The couple must still show a mutual commitment to a shared life as a married couple to the exclusion of all others, a genuine and continuing relationship, and that they live together or do not live separately and apart on a permanent basis. The firm's guide to whether an overseas marriage is recognised in Australia and the short answers on whether an overseas marriage is recognised for a partner visa and whether a marriage certificate is enough explain this.

Previous marriages and UK divorces

Where either partner was married before, the earlier marriage must have ended before the current relationship can be recognised as a marriage. In England and Wales, a divorce is finalised by the final order, previously called the decree absolute. A conditional order, previously called a decree nisi, does not end the marriage. A sponsor partner from the UK application should therefore include the final divorce document, not an interim one.

A couple can be in a de facto relationship while one of them is still legally married to someone else, provided the earlier marriage has ended in a practical sense through permanent separation. In Kaur (Migration) [2018] AATA 5062, a Subclass 309 matter, the issues recorded were a genuine relationship, a relationship that commenced before the parties' divorce, a de facto relationship for 12 months, and a second marriage for both parties. The Tribunal remitted the matter. The guides to partner visas after divorce and partner visas while still married, and the short answer on a spouse visa while still divorcing, explain the evidence needed.

Sponsor partner from the UK: which documents are needed?

A sponsor partner from the UK application usually needs the British partner's passport and birth certificate, the marriage certificate or de facto relationship evidence, evidence that any earlier marriage or civil partnership ended, police certificates, and the sponsor's proof of Australian citizenship or permanent residence.

Because UK civil documents are in English, translation is rarely needed in a sponsor partner from the UK application. The usual issues are completeness and consistency. Typical documents include:

• Identity: the partner's current British passport and any earlier passports with Australian visas.
• Birth certificate: a full birth certificate showing the parents' details, which is generally preferred over a short-form certificate.
• Relationship status: the marriage or civil partnership certificate, or evidence of the de facto relationship.
• Previous relationships: the final divorce order or decree absolute, a dissolution order for a civil partnership, or a death certificate.
• Name changes: a marriage certificate or deed poll where the partner's name has changed.
• Children: full birth certificates and any court orders about where a child lives or who has parental responsibility.
• The sponsor's documents: an Australian passport, citizenship certificate or evidence of permanent residence.

The guides to the partner visa document checklist, partner visa sponsor documents and certified copies explain how the documents are prepared and uploaded.

Police certificates for the British partner and for the sponsor

The British partner must usually provide a United Kingdom police certificate and a police certificate from any other country where the partner lived for 12 months or more in the last 10 years after turning 16, and an Australian sponsor who has lived in the United Kingdom may be asked for a UK police certificate under regulation 1.20KC.

For a sponsor partner from the UK application, UK police certificates for immigration purposes are generally issued by the ACRO Criminal Records Office. A British partner who has lived in Australia, for example on a working holiday visa, will also need an Australian Federal Police check. The guides to partner visa overseas police certificates, the AFP police check and expired police checks explain the rules and timing.

Missing police certificates are a common reason for a refusal that later has to be fixed on review. In Hussaini (Migration) [2022] AATA 1108, a Subclass 309 matter, the issues recorded were a police certificate from the United Kingdom provided and no criminal history. The Tribunal remitted the matter. The practical lesson for a sponsor partner from the UK application is to have every certificate ready before the Department asks.

The sponsor has a separate obligation. When the Department asks under regulation 1.20KC, the sponsor must provide an Australian Federal Police National Police Check and a foreign police check for any country where the sponsor lived for 12 months or more, in total, since the later of turning 16 or 10 years before the request. An Australian sponsor who has lived in London or elsewhere in the United Kingdom for a year or more will often need a UK police certificate as well. The guides to the partner visa sponsor police check and to a sponsor police check not provided explain these requirements, and the short answer on whether a partner visa needs a police check gives a quick summary.

What relationship evidence does a sponsor partner from the UK application need?

A sponsor partner from the UK application must show the financial, household, social and commitment aspects of the relationship, using evidence from both the United Kingdom and Australia, and must explain any periods when the couple lived apart.

Regulation 1.15A for spouses and regulation 1.09A for de facto partners require the decision maker to consider all the circumstances of the relationship under four headings. For couples who have lived together in Britain, the strongest evidence often comes from the United Kingdom:

• Financial: joint bank accounts, a shared mortgage or tenancy, shared bills, and evidence of pooling money.
• Household: a joint tenancy agreement, utility and council tax bills in both names, and evidence of shared household responsibilities.
• Social: evidence that friends and families in both countries know the couple as partners, joint travel, photographs, and Form 888 witness statements from Australian citizens or permanent residents.
• Commitment: the length of the relationship, plans to live in Australia, wills, nominations of each other as beneficiaries, and each partner's own statement.

Where the sponsor came to Australia ahead of the partner, or the couple spent periods in different countries, the evidence should explain the separation and show continuing contact. The guides to partner visa relationship evidence, the four pillars of a partner visa, temporary separation and long-distance relationships explain how this evidence is organised. Each partner's statement is that partner's own account, which they review and correct before it is lodged. The guide to the partner visa relationship statement explains its role.

How much does it cost and how long does it take?

The partner visa application charge for the combined Subclass 309 and Subclass 100 application, or the combined Subclass 820 and Subclass 801 application, was AUD 11,710 for most applicants at the time of writing, and it is paid when the application is lodged.

The charge covers both stages, so a sponsor partner from the UK application does not pay a further charge at the permanent stage. Other costs include police certificates, health examinations and certified copies. The charge is reviewed each 1 July. The guides to partner visa costs and partner visa fee increases explain the components.

Processing times vary by case. A complete sponsor partner from the UK application, with police certificates and health examinations arranged promptly, avoids the delay caused by requests for further information. The guides to partner visa processing times and the two-stage process, and the short answer on whether the partner must be in Australia when the Subclass 820 is granted, explain the timing.

Working while the application is processed

A British partner on a Subclass 309 visa can work in Australia once the visa is granted. A partner who applies onshore for the Subclass 820 visa generally holds a Bridging visa A, and the work conditions on that bridging visa depend on the visa held before. The guides to partner visa bridging visa work rights and partner visa work rights explain the position.

Does the British partner need health examinations?

Yes. The British partner must meet the health requirement in Schedule 4 to the Migration Regulations 1994, and the Department will usually ask for health examinations after the application is lodged, through instructions linked to the applicant's HAP ID.

For most applicants in a sponsor partner from the UK application, the health examinations are routine. Where the partner has a significant medical condition, the Department may consider whether the condition is likely to result in significant cost to the Australian community or prejudice access to health care. A health waiver may be available for the partner visa in some circumstances. The guides to the partner visa health requirements, the partner visa medical examination and the partner visa health waiver explain the process. A partner already living in Australia on a working holiday visa should also check the health insurance position while the application is processed, which the short answer on health insurance during partner visa processing explains.

Can the British partner travel while the application is processed?

Yes, but the rules depend on the visa. A partner waiting offshore for a Subclass 309 can travel freely outside Australia, while a partner who applied onshore for the Subclass 820 usually needs a Bridging visa B to leave and return to Australia while the application is processed.

Travel is a common practical issue in a sponsor partner from the UK case, because many couples have family in both countries and want to visit the United Kingdom during processing. A Bridging visa A does not allow re-entry to Australia after departure. Leaving Australia on a Bridging visa A without first obtaining a Bridging visa B can cause the bridging visa to end, and the partner may then be unable to return on that basis. A Subclass 309 applicant who is outside Australia can visit Australia on a suitable visitor visa, but must generally leave again before the Subclass 309 is granted.

The guides to the partner visa Bridging visa B and overseas travel during a partner visa, and the short answers on travelling while a partner visa is processed and leaving Australia without a Bridging visa B, explain the rules.

What are the common refusal risks for a sponsor partner from the UK application?

The most common refusal risks for a sponsor partner from the UK application are a de facto relationship that has not lasted 12 months, an onshore application lodged after the partner's visa expired, condition 8503, missing police certificates, and weak evidence of the relationship after the couple moved countries.

Each of these risks can usually be identified before lodgement:

• The 12-month rule. Couples who count from the date they met, rather than the date the de facto relationship began, often lodge too early. The start of the de facto relationship is a question of fact, and evidence should prove it.
• Expired visas. A British partner who overstays a working holiday or visitor visa before lodging must meet the Schedule 3 criteria or seek a waiver.
• No further stay conditions. Condition 8503 on a visitor visa can block an onshore application altogether.
• Police certificates. UK and Australian certificates for the partner, and sometimes for the sponsor, should be ready early.
• Evidence after a move. When the couple move from the United Kingdom to Australia, there is often a gap in joint evidence while new accounts and leases are set up, and that gap should be explained.
• The sponsor's history. An earlier partner sponsorship, or the sponsor's own arrival as a sponsored partner, can engage regulation 1.20J.

The guides to partner visa refusal reasons, why partner visas get refused and partner visa application mistakes explain these risks in more detail.

Can the sponsor include the British partner's children?

Yes. A dependent child of the British partner can usually be included in the sponsor partner from the UK application, but where the child's other parent is not migrating, the Department will generally need that parent's consent or a court order that allows the child to move to Australia.

Public interest criteria 4017 and 4018 deal with custody and the best interests of minor children. Moving a child from the United Kingdom to Australia without the other parent's agreement can also raise issues under UK family law, so the consent or order should be in place before lodgement. The short answers on including children in a partner visa and the other parent's consent, and the guide to non-migrating children, explain this.

What if a sponsor partner from the UK application is refused?

A refused Subclass 309 or Subclass 820 visa can usually be reviewed by the Administrative Review Tribunal. The application must be made within 28 days after notification of the decision, or 7 days if the applicant is in immigration detention, and the time cannot be extended.

The review fee is AUD 3,727 for fees paid on or after 1 July 2026. A 50% reduction is available for financial hardship, and 50% of the fee is refunded if the decision is set aside, varied or remitted. The fee must be paid within the same review period. Who applies depends on the visa:

• Subclass 820 refusal: the visa applicant applies.
• Subclass 309 refusal: under current Department instructions, the visa applicant applies under regulation 4.02(5)(raa).
• Subclass 300 refusal: the sponsor applies.

For an onshore applicant, a Bridging visa A linked to the Subclass 820 application ceases 35 days after the refusal or, if review is sought, 35 days after the Tribunal's decision. The guides to the partner visa appeal deadline, the ART review process, bridging visas after a partner visa refusal and the short answer on who applies for review of an offshore refusal explain the process. The firm's partner visa refusal lawyers, visa refusals and urgent ART review pages apply where a deadline is close.

How My Migration Lawyers helps sponsors with a partner from the UK

My Migration Lawyers deals with complex partner visa cases, acts in many matters for sponsors whose partners are from the United Kingdom, and is capable of handling a sponsor partner from the UK application from the first assessment through to review. The firm's Principal Lawyer is Weiwei Zhang, and the firm's approach is explained on the about My Migration Lawyers page.

On a sponsor partner from the UK matter, the firm:

• confirms the sponsor's status, including dual citizenship, citizenship by descent or a permanent resident's travel facility, and checks any limitation under regulation 1.20J;
• advises whether the Subclass 309, Subclass 820 or Subclass 300 visa suits the couple's plans to move, after checking the partner's current visa and any condition 8503;
• assesses whether a de facto couple meet the 12-month rule and whether registering the relationship in an Australian State or Territory would help;
• reviews UK marriage, civil partnership, divorce and birth documents for completeness;
• arranges the police certificate requirements for the partner and for a sponsor who has lived in the United Kingdom;
• presents the couple's own account of the relationship, which each partner reviews and corrects, with evidence from both countries and Form 888 statements; and
• responds to section 56 requests and section 57 letters, and acts on review at the Administrative Review Tribunal if the visa is refused.

The firm acts for sponsors across Australia through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide. The short answer on whether a lawyer can help bring a spouse from the UK to Australia gives a brief overview.

Advice is most useful before the British partner travels and before any visa expires. Book a consultation with My Migration Lawyers to sponsor partner from the UK with a clear plan, or call 1300 040 300.