Can an Australian Living Overseas Sponsor a Partner Visa?

Can an Australian citizen living overseas sponsor a partner?

An Australian citizen living overseas can sponsor a partner, and this is one of the most common partner visa situations. Many couples meet and live together abroad before deciding to move to Australia. The applicant lodges the Subclass 309/100 online while outside Australia, and the sponsor lodges the sponsorship online from wherever the sponsor lives. Our page on the Subclass 309 visa explains the application from start to grant.

Can an Australian permanent resident living overseas sponsor a partner?

An Australian permanent resident living overseas can be a partner visa sponsor, but the sponsor's own ability to return to Australia must be checked first. A permanent visa allows travel to and from Australia only while its travel facility is valid. A permanent resident whose travel facility has ended may need a resident return visa before relocating. Our partner visa lawyers check both partners' travel position before the couple plans the move.

What evidence helps when both partners live overseas?

The evidence that helps when both partners live overseas is the same four-aspect evidence used in any partner visa, drawn from the country where the couple lives. Leases, utility accounts, joint banking and shared responsibilities abroad all show the nature of the household, as our article on partner visa household evidence explains. Evidence of the couple's plans to relocate, such as job searches or arrangements for housing in Australia, supports the nature of the commitment, which our article on partner visa future plans covers.

Does a marriage overseas count for an Australian partner visa?

A marriage overseas generally counts for an Australian partner visa if it is valid where it took place and is recognised under Australian law. Some religious or customary marriages, and marriages that do not meet Australian rules, are not recognised, and the couple may need to apply as de facto partners instead. Our article on an overseas marriage that is not recognised explains the options.

Can the partner come to Australia with the sponsor before the visa is granted?

The partner can sometimes travel to Australia with the sponsor before the Subclass 309 is granted, but only on a visa that allows the visit, and the partner generally needs to be outside Australia when the Subclass 309 is granted. Some couples choose instead to lodge the onshore Subclass 820 after arriving. That choice depends on the partner's visa conditions, as explained in our article on the offshore partner visa.

How does My Migration Lawyers help Australians sponsoring from overseas?

My Migration Lawyers helps Australians sponsoring from overseas by planning the application around the couple's relocation date, so the visa, the sponsor's return and the partner's travel line up. The firm works entirely by video and email, which suits couples in different time zones, and prepares the evidence from the documents the couple holds in their country of residence. The firm also checks early whether the onshore or offshore route suits the couple better, since that choice is hard to change later. The firm is led by Principal Lawyer Weiwei Zhang and works on fixed fees agreed before work starts.