Sponsoring a Partner From Vietnam

To sponsor partner from Vietnam, the Australian partner must be an eligible sponsor, the sponsorship must be approved, and the couple must prove a genuine and continuing married or de facto relationship. Couples who sponsor partner from Vietnam also meet issues the Administrative Review Tribunal has recorded again and again in Vietnamese cases: whether a marriage in Vietnam was properly registered, how the sponsor's visits to Vietnam prove a shared life, how money transfers are read, and whether the sponsor has sponsored before.

This guide is written for the Australian sponsor. It explains who can sponsor partner from Vietnam, which visa fits, how marriages in Vietnam are recognised, the difference between an engagement ceremony and a registered marriage, what evidence works for couples who live apart, which documents come from Vietnam, and what to do if the visa is refused.

The firm's partner visa lawyers page explains how the firm acts for sponsors. The complete guide to partner visas in Australia explains each subclass, and the applicant-side guide to the Australian partner visa for Vietnamese citizens covers the same visas from the Vietnamese partner's side.

Can you sponsor partner from Vietnam?

Yes. An Australian citizen, an Australian permanent resident or an eligible New Zealand citizen who is at least 18 can sponsor partner from Vietnam, provided the sponsorship is approved and no sponsorship limitation applies.

The applicant must be sponsored by the spouse or de facto partner. If that partner is under 18, a parent or guardian who is an Australian citizen, permanent resident or eligible New Zealand citizen sponsors instead. An eligible New Zealand citizen is a New Zealand citizen who holds a protected Special Category Visa, under regulation 1.03 of the Migration Regulations 1994. The guides to partner visa sponsor eligibility and what the Australian partner must do as sponsor explain the role.

Many sponsors are Vietnamese-Australians who became citizens or permanent residents themselves. A sponsor who was granted permanent residence recently should read the guides for a sponsor who recently became a permanent resident and a sponsor who recently became a citizen, because the sponsor's own visa history can affect the sponsorship.

Sponsors who have sponsored before and now sponsor partner from Vietnam

The sponsorship limitation in regulation 1.20J is a real issue in Vietnamese matters. In broad terms, a sponsor who has already sponsored two partners, or who sponsored a partner within the previous five years, or who was themselves granted a partner visa within the previous five years, is limited unless there are compelling circumstances affecting the sponsor.

The Tribunal's database records Vietnamese cases on this issue. In Tran (Migration) [2022] AATA 2229, a Subclass 309 matter, the issues recorded were the sponsorship limitation, regular cash transfers, the sponsor's frequent visits to Vietnam, and the sponsor's age and failing health. The Tribunal remitted the matter to the Department. The recorded issues include the sponsor's age and failing health alongside the limitation itself.

A sponsor who arrived in Australia on a partner visa within the last five years, and who now wants to sponsor partner from Vietnam after a separation, is directly affected. The firm's page on partner visa sponsorship limitations, the answers on whether a person sponsored on a partner visa can sponsor a new partner and on how a lawyer helps where the sponsor has sponsored before, and the guide to when a sponsor cannot sponsor a partner visa explain the rule. Other limitations, including regulation 1.20KC for sponsors with certain convictions, are also explained there.

Sponsor partner from Vietnam: Subclass 309, Subclass 300 or Subclass 820?

The visa used to sponsor partner from Vietnam depends on where the partner is when the application is made, whether the couple are married, engaged or de facto, and which visa the partner holds.

The pathways are:

• Subclass 309 and Subclass 100 (offshore). For a married or de facto partner who is outside Australia. All Subclass 309 applicants must be outside Australia when they apply, under paragraph 1220A(3)(b) of Schedule 1, and the applicant must also be outside Australia when the Subclass 309 visa is granted. See the firm's Subclass 309 partner visa page.
• Subclass 300 (Prospective Marriage). For an engaged couple who will marry in Australia. See the firm's Subclass 300 prospective marriage visa page.
• Subclass 820 and Subclass 801 (onshore). For a partner who is in Australia and can make a valid application here. See the firm's Subclass 820 partner visa page.

The answer on the difference between the 820 and 309 partner visas and the guide to onshore and offshore partner visas compare the options.

Vietnamese partners on student or visitor visas in Australia

Many sponsors who want to sponsor partner from Vietnam have a partner already in Australia on a student visa or a visitor visa. Whether an onshore Subclass 820 application is possible depends on that visa. A visa with a no further stay condition, such as condition 8503 on many visitor visas, prevents a partner visa application in Australia unless the condition is waived. Department policy says marrying or starting a de facto relationship with an Australian is generally not a matter beyond the visa holder's control, so the relationship alone does not justify a waiver.

A partner whose visa has ended, or who is in Australia without a substantive visa, must meet the Schedule 3 criteria in an onshore application. The firm's Schedule 3 waiver page and the guides to the condition 8503 waiver, the partner visa Schedule 3 position for former student visa holders and the answer on a lawyer's help with a partner visa on a student visa explain the rules. Where the partner's student visa was refused or cancelled, the guide to a partner visa after a student visa refusal is relevant.

Sponsor partner from Vietnam on a Prospective Marriage visa

An Australian engaged to a Vietnamese partner can sponsor partner from Vietnam on a Subclass 300 Prospective Marriage visa if both are at least 18, have met in person since turning 18, know each other personally and genuinely intend to marry and live together as spouses.

The Subclass 300 visa is common in Vietnamese matters, and the Tribunal's database records several Subclass 300 remittals that turn on the genuine intention to marry. In Nguyen (Migration) [2018] AATA 1544, a Subclass 300 matter, the issues recorded were a genuine intention to marry, a cultural wedding ceremony in Vietnam, a Notice of Intended Marriage form being provided, and no major financial commitments together. The Tribunal remitted the matter to the Department.

That case highlights two practical points for anyone who wants to sponsor partner from Vietnam on a Subclass 300 visa:

• A cultural ceremony is not the marriage. A family wedding or engagement celebration in Vietnam does not, by itself, create a marriage registered by the Vietnamese authorities. A couple applying for the Subclass 300 visa intend to marry in Australia, and a Notice of Intended Marriage lodged with an Australian celebrant is evidence of that intention.
• Financial commitments are not essential. An engaged couple who live in different countries often have few joint financial commitments. The absence of joint finances can be explained, and other evidence of commitment carries weight.

Condition 8515 means the visa holder must not marry or enter a de facto relationship before entering Australia, and condition 8519 requires the marriage within the visa period. Department policy allows the visa period to be set at up to 15 months from grant. The answers on the prospective marriage visa requirements, an engagement ceremony and a fiancé visa, the Notice of Intended Marriage and why prospective marriage visas are refused explain these points.

How the couple met: family introductions, travel and online

How a couple met matters less than how the relationship developed, but a sponsor partner from Vietnam application should explain both clearly. Many couples are introduced through family or friends, many meet while the sponsor is visiting Vietnam, and many meet online.

None of these is a ground for refusal. The Department assesses whether the relationship is genuine and continuing on all the evidence. What a decision maker looks for is a believable account of how the couple came to know each other, how often and where they met in person, how the relationship deepened, when they decided to marry or commit to each other, and what each family knows. Where the couple were introduced by relatives, the statements should say so plainly. An introduction by family is a normal start to a relationship, not a sign that it is not genuine.

Where the couple met online, the Subclass 300 visa requires them to have met in person since both turned 18, and Department policy is clear that online contact alone does not count. For the married and de facto pathways, there is no rule about how a couple met, but the evidence of time together in person carries particular weight.

Large age gaps, short courtships and differences in language also attract attention. They should be addressed directly in each partner's own statement, with supporting evidence. The guides to partner visas for couples who met online, partner visa age gaps and the answers on different languages and a partner visa and marrying soon after meeting explain how these features are presented when you sponsor partner from Vietnam.

Is a marriage in Vietnam recognised when you sponsor partner from Vietnam?

Yes, if the marriage was validly solemnised under Vietnamese law and is not a marriage that Australian law refuses to recognise. For an Australian marrying in Vietnam, that means a marriage registered with the Vietnamese authorities after the Australian provides a Certificate of No Impediment.

The Australian Consulate-General in Ho Chi Minh City states that Australian citizens, and citizens of other countries domiciled in Australia, who plan to marry in Vietnam must submit a Certificate of No Impediment with their marriage application to the Vietnamese authorities. It also states that it is the Vietnamese government that has the authority to solemnise marriages in Vietnam, and that the couple still need to marry after the certificate is issued.

Department policy says a marriage not recognised in the country where it was solemnised will not be recognised in Australia, and that marriages which are polygamous, within a prohibited relationship or underage in certain circumstances are not recognised. Where either party was domiciled in Australia at the time of the marriage and either party was under 18, section 88D of the Marriage Act 1961 prevents recognition.

The Tribunal's database records Vietnamese cases on recognition. In Bui (Migration) [2020] AATA 4884, a Subclass 300 matter, the issues recorded were that the visa applicant and sponsor were now married in Vietnam and that the foreign marriage was recognised under local civil law. The Tribunal remitted the matter to the Department. The recorded issues show the Tribunal considering a marriage in Vietnam that took place after the Subclass 300 application was refused.

The guides on whether an overseas marriage is recognised in Australia, on a religious or cultural marriage for a partner visa, on an unregistered marriage and a marriage visa and on a fiancé visa refused after the couple married explain the recognition rules and what to do when the couple's status changes.

Engagement ceremonies and family weddings

When couples sponsor partner from Vietnam, it is common for the families to have held an engagement ceremony and a wedding celebration, sometimes before the couple register the marriage. For a sponsor partner from Vietnam application, those events are strong social evidence of the relationship, because they show family recognition and commitment. They are not, on their own, proof of a legal marriage. Where the couple rely on the married pathway, the registered marriage certificate is required. Where they have not registered, the Subclass 300 or de facto pathway may fit better.

Sponsor partner from Vietnam as a de facto partner

A sponsor can sponsor partner from Vietnam as a de facto partner without marrying, but the de facto relationship must normally have existed for at least 12 months immediately before the application, unless an exception applies.

The exceptions in regulation 2.03A include registration of the relationship under an Australian State or Territory law, and compelling and compassionate circumstances, for which Department policy gives examples such as a dependent child of the relationship. Time living together in Vietnam during the sponsor's visits can count towards the relationship. The answers on whether living together overseas counts towards the 12 months, when the 12-month de facto period starts and registering a relationship when one partner lives overseas, and the guide to the 12-month de facto requirement, explain the rules.

What the Department looks for when you sponsor partner from Vietnam

The Department looks for a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and a couple who live together or do not live separately and apart on a permanent basis. For a married couple the factors are in regulation 1.15A, and for a de facto couple in regulation 1.09A. Both cover the financial aspects, the nature of the household, the social aspects and the nature of the couple's commitment.

When you sponsor partner from Vietnam, those factors have to be applied to how the couple actually live. Several features are common and should be explained, not left for a decision maker to interpret:

• Living with the partner's family. The Vietnamese partner may live with parents, and the couple may stay with the family during visits. That is still a shared household when the couple lived together there.
• Family involvement in the relationship. Families are often closely involved in introductions, engagement and wedding arrangements. That involvement is social evidence of the relationship.
• Limited joint finances. Couples who live in different countries may have few joint accounts. Transfers, shared spending during visits and plans for the future can show financial interdependence instead.
• Periods apart. The reasons the couple live apart, such as the sponsor's work in Australia or the time needed to arrange the visa, should be documented along with the contact maintained.

Decision makers may interview the applicant, the sponsor or both, and inconsistent answers about how the couple met or the dates of visits can damage an otherwise strong case. The guides to the genuine and continuing relationship test, the partner visa sponsor interview, partner visa interview inconsistencies and partner visa cultural differences explain how to prepare.

Evidence when you sponsor partner from Vietnam and visit regularly

The strongest evidence when you sponsor partner from Vietnam shows how the couple live when they are together, how they stay connected when they are apart, and why they live apart. The sponsor's visits to Vietnam are often the centre of that evidence.

The Tribunal's database records a pattern in Vietnamese partner cases. The issues most often recorded are the sponsor's visits to Vietnam, time living together during those visits, communication, and money transfers. In Lam (Migration) [2022] AATA 2919, a Subclass 309 matter, the issues recorded included a genuine and continuing relationship, residing together in Vietnam on occasions, and foreign resident registrations. The Tribunal remitted the matter to the Department.

That case points to evidence many sponsors overlook. When the sponsor stays at the partner's home in Vietnam, records of the sponsor's registered stay at that address can show that the couple lived together. Other useful evidence of visits includes:

• Travel records. Passport stamps, visas for Vietnam, flight bookings and boarding passes for each visit.
• Accommodation. Records of where the couple stayed together, including the partner's family home or rented accommodation.
• Shared activities. Photographs over different visits, travel together within Vietnam or to third countries, and time with each other's families.
• Length and pattern of visits. A consistent pattern of visits over time is stronger than a single long stay just before lodgement.

The guides to partner visa travel evidence, partner visa household evidence and partner visa long-distance relationships, and the answer on travel together as evidence, explain how to present visit evidence.

Money transfers when you sponsor partner from Vietnam

Money transfers from the sponsor to the partner in Vietnam are common and are relevant evidence of the financial aspects of the relationship. On their own, they do not prove a genuine relationship, and a decision maker may ask what the money was for. The evidence is stronger when the transfers are regular, explained, and sit alongside other evidence of shared plans, such as savings for a home, contributions to a wedding or a joint business. The answer on money transfers as relationship evidence and the guides to partner visa financial evidence and separate finances in a partner visa explain the weight given to transfers.

Communication and social evidence

To sponsor partner from Vietnam successfully, call histories, messaging records and video calls should cover the whole relationship. Evidence that both families know about the relationship, including engagement and wedding ceremonies, carries weight. Each partner's own statement and Form 888 witness statements from Australian citizens or permanent residents who know the couple complete the picture. Each partner reviews and corrects their own statement. The guides to partner visa relationship evidence, the partner visa relationship statement and the answer on translating messages for a partner visa explain how evidence is organised.

Documents needed to sponsor partner from Vietnam

The documents needed to sponsor partner from Vietnam fall into three groups: identity and civil documents for the Vietnamese partner, character documents, and the sponsor's documents. Every Vietnamese document must be translated into English.

Civil and identity documents

To sponsor partner from Vietnam as a spouse, the Vietnamese partner usually provides a passport, a birth certificate, the registered marriage certificate if married, and evidence of how any earlier marriage ended. Names should be written consistently across documents, and any difference in the order of family name, middle name and given name, or in diacritics, should be explained so it does not look like an identity inconsistency. The guide to partner visa evidence translation and the answers on translating a marriage certificate and certified copies explain the requirements.

Police certificates from Vietnam

When you sponsor partner from Vietnam, the applicant usually provides a criminal record certificate issued by the Vietnamese authorities for Vietnam, and police certificates for any other country where the applicant lived for 12 months or more in the last 10 years since turning 16. A Vietnamese partner already in Australia also needs an Australian police check.

In Bui (Migration) [2022] AATA 4839, a Subclass 820 matter, the issues recorded were that a National Police Clearance from the AFP was provided and that the Tribunal received a Certificate of Criminal Records from the Socialist Republic of Vietnam. The Tribunal remitted the matter to the Department. The recorded issues show character documents being received by the Tribunal on review. The guides to partner visa overseas police certificates and the answer on how long police certificates and health checks are valid explain timing.

The sponsor's documents and police checks

The sponsor provides proof of Australian citizenship, permanent residence or eligible New Zealand citizenship, and may be asked for an Australian Federal Police check and foreign police checks under regulation 1.20KC. A sponsor who lived in Vietnam for 12 months or more, in total, since the later of turning 16 or 10 years before the request may be asked for a Vietnamese certificate as well. The guides to partner visa sponsor documents, partner visa sponsor proof of citizenship or residence and partner visa sponsor police checks explain these requirements.

Health examinations and biometrics

The Vietnamese partner must meet the health requirement, which usually means a medical examination with a doctor approved by the Department, and may be asked to provide biometrics. These steps are requested during processing and have deadlines. A sponsor partner from Vietnam application can be delayed or refused if they are missed. The guides to partner visa health requirements, the partner visa medical examination and partner visa biometrics explain the process.

Joint businesses when you sponsor partner from Vietnam

Some couples who sponsor partner from Vietnam run a business together in Vietnam, or the sponsor invests in a business operated by the partner or the partner's family. A joint business can be strong evidence of financial interdependence, but only if it is documented and explained. Business registration records, bank records, and evidence of each partner's role help the Department understand the arrangement. Where the business is in only one partner's name, the reason should be explained. The answer on financial evidence for a partner visa and the guide to partner visa financial aspects explain how the evidence is presented.

Can children be included when you sponsor partner from Vietnam?

Yes. When you sponsor partner from Vietnam, dependent children of the Vietnamese partner can usually be included as members of the family unit, provided each child meets the requirements for inclusion and the health and character criteria. Where a child has another parent who is not migrating, evidence of that parent's consent or of the legal authority to bring the child to Australia is usually needed. The answers on including children in a partner visa and the other parent's consent for a child to migrate explain the rules, and the guide to dependent children over 18 in a partner visa covers older children.

How much does it cost to sponsor partner from Vietnam?

At the time of writing, Home Affairs shows the partner visa application charge for the combined Subclass 309 and Subclass 100 application, and for the combined Subclass 820 and Subclass 801 application, as AUD 11,710 for most applicants, with further charges for each additional person included. The charge is usually reviewed each 1 July. Holders of a Subclass 300 visa who later apply for the onshore partner visa pay a reduced charge for that application.

Other costs to sponsor partner from Vietnam include translations of every Vietnamese document, the criminal record certificate, health examinations, travel for visits and Australian police checks. The guides to partner visa cost and partner visa processing times explain these items. A decision-ready application with translated documents and organised evidence avoids delay from requests for further information.

What happens after the visa is granted?

After the temporary visa is granted, the Vietnamese partner travels to Australia, the couple live together, and the permanent Subclass 100 or Subclass 801 stage is assessed later. The sponsor remains part of the application until the permanent visa is decided.

For a sponsor partner from Vietnam matter, the points to plan for after grant are:

• First entry. The Subclass 309 visa and the Subclass 300 visa each have a first entry date. The guide to the partner visa first entry deadline explains it.
• The permanent stage. The permanent visa is generally assessed once two years have passed from the date of the combined application. Under subclause 100.221(5), that period does not apply where the couple were in a long-term partner relationship when they applied, meaning at least three years, or at least two years where there is a dependent child of both partners.
• Updated evidence. The Department asks for evidence that the relationship has continued, usually with fresh relationship evidence and Form 888 statements. The answer on documents for the second stage and the guide to the partner visa sponsor at the second stage explain what is usually requested.
• If the relationship ends. Where the relationship breaks down before the permanent visa is granted, the Division 1.5 family violence provisions and other exceptions may apply in some circumstances. The firm's family violence partner visa lawyers page explains that pathway.

What happens if a sponsor partner from Vietnam application is refused?

A Subclass 309, Subclass 300 or Subclass 820 refusal can be reviewed by the Administrative Review Tribunal. The application must be made within 28 days after notification, or 7 days if the applicant is in immigration detention, and the time cannot be extended.

Who applies for review in a sponsor partner from Vietnam matter depends on the visa:

• Subclass 309 refusal. Current Department instruction is that the visa applicant applies for review under regulation 4.02(5)(raa).
• Subclass 300 refusal. The Australian sponsor applies.
• Subclass 820 refusal. The applicant applies.

The ART migration 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% is refunded if the decision is set aside, varied or remitted. The fee must be paid within the same period. A Subclass 100 refusal made while the applicant is outside Australia has no merits review. For a Subclass 820 applicant, a bridging visa A linked to the application ceases 35 days after refusal, or 35 days after the Tribunal's decision if review is sought.

The Tribunal's database includes many remitted sponsor partner from Vietnam cases, and many turn on evidence that could have been organised better at the Department stage: visits, transfers, ceremonies and communication. The Tribunal considers the matter afresh and can consider new evidence. The guides to the partner visa appeal deadline, the ART review process, ART fees for a partner visa, evidence at the ART and the answers on who applies for review of an offshore refusal and a lawyer for a prospective marriage visa refusal explain the steps. Urgent matters are handled through the firm's urgent ART visa refusal applications page. The firm's partner visa refusal lawyers and visa refusals pages explain how refusals are approached.

Common mistakes when you sponsor partner from Vietnam

The mistakes that most often harm a sponsor partner from Vietnam application are relying on a ceremony instead of a registered marriage, using the wrong visa, and presenting visits and transfers without explanation.

• Treating a family ceremony as a marriage. A wedding celebration without registration with the Vietnamese authorities does not support a spouse application.
• Marrying in Vietnam while a Subclass 300 application is pending. The Subclass 300 visa is for a marriage in Australia. A couple who marry in Vietnam should review whether the Subclass 309 visa now fits.
• Overlooking the sponsorship limitation. A sponsor who has sponsored before, or who arrived on a partner visa within five years, must address regulation 1.20J before lodging.
• Unexplained money transfers. Transfers should be explained as part of the couple's shared life and plans.
• Untranslated or inconsistent documents. Every Vietnamese document needs an English translation, and name order and spelling should be consistent.
• Relying on a visitor or student visa to apply onshore without checking conditions. A no further stay condition can make an onshore application invalid.

The guides on why partner visas get refused and partner visa sponsor risk assessment before lodgement explain how these risks are identified early.

How My Migration Lawyers helps Australians sponsor partner from Vietnam

My Migration Lawyers deals with complex partner visa cases, acts in many matters where an Australian sponsors a Vietnamese spouse, fiancé or de facto partner, and is capable of handling a sponsor partner from Vietnam application from first advice through to Tribunal 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 Vietnam matter, the firm:

• confirms the sponsor's eligibility and checks regulation 1.20J where the sponsor has sponsored before or arrived on a partner visa;
• advises whether the Subclass 309, Subclass 300 or Subclass 820 visa fits, including where the partner holds a student or visitor visa in Australia;
• confirms whether a marriage in Vietnam was registered with the Vietnamese authorities, and whether an engagement or family ceremony should be presented as social evidence instead;
• organises evidence of the sponsor's visits to Vietnam, time living together, registered stays, money transfers and any joint business into a clear account of the relationship;
• manages translations, the Vietnamese criminal record certificate and the sponsor's police checks;
• presents the sponsor's and the applicant's own accounts, which each of them reviews and corrects, with Form 888 statements; and
• responds to section 56 requests and section 57 letters, and acts on ART review if the visa is refused.

The firm acts for sponsors across Australia, including 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 Vietnam explains the firm's role in Vietnamese matters.

The best time to plan how to sponsor partner from Vietnam is before the marriage is registered and before any onshore application is attempted. Book a consultation with My Migration Lawyers, or call 1300 040 300.