Can a Temporary Visa Holder Sponsor a Partner Visa?
Key points
- Only Australian citizens, Australian permanent residents and eligible New Zealand citizens can sponsor a partner visa.
- Many temporary visas allow a partner to be included as a secondary applicant, either at lodgement or later as a subsequent entrant.
- A temporary visa holder who becomes a permanent resident can then sponsor a partner, subject to sponsorship limits in regulation 1.20J.
- A partner who joins a temporary visa holder is usually bound by the same visa period and conditions.
Why can a temporary visa holder not sponsor a partner visa?
A temporary visa holder cannot sponsor a partner visa because the regulations limit sponsorship to people with a permanent connection to Australia, namely Australian citizens, Australian permanent residents and eligible New Zealand citizens. Student visa holders, temporary skilled workers, graduate visa holders and people on bridging visas all fall outside that group. Our article on partner visa requirements sets out the sponsor rules in full.
How can a temporary visa holder bring their partner to Australia?
A temporary visa holder can usually bring their partner to Australia by including the partner as a secondary applicant in their own visa. Many student, skilled and graduate visas allow a spouse or de facto partner to be included when the main visa is lodged, or to apply later as a subsequent entrant. The partner must still prove the relationship, and is normally granted a visa with the same end date as the main holder. Each visa has its own rules on whether a partner can be added later.
What if the temporary visa holder's partner is an Australian?
Where the temporary visa holder's partner is an Australian citizen or permanent resident, the roles are reversed and the Australian partner sponsors the temporary visa holder. The temporary visa holder then becomes the applicant for the Subclass 820 visa if in Australia. Whether they can lodge in Australia depends on their visa conditions, as explained in our article on the onshore partner visa.
When can a temporary visa holder sponsor a partner visa?
A temporary visa holder can sponsor a partner visa once they are granted Australian permanent residence or citizenship. At that point the usual rules apply, including the sponsorship limits in regulation 1.20J, which are explained on our sponsorship limitations page. A person who was sponsored on a partner visa faces a separate restriction on sponsoring within five years of their own application.
What mistakes do temporary visa holders make about partner visas?
The mistakes temporary visa holders make about partner visas include lodging a partner visa naming themselves as sponsor, assuming a partner can be added later when the visa does not allow it, and letting a partner's visitor visa run out while waiting. A visitor visa with condition 8503 can stop the partner applying for another visa in Australia, as our article on the partner visa 8503 waiver explains. Each of these mistakes is far easier to avoid at the start than to fix after a refusal or an invalid application.
How does My Migration Lawyers advise couples where one partner holds a temporary visa?
My Migration Lawyers advises couples where one partner holds a temporary visa by mapping both partners' visa positions and the likely date each could become permanent, then recommending the route that keeps the couple together lawfully in the meantime. Where a partner visa is the right path, the firm prepares it with the correct sponsor. Couples can speak with our partner visa lawyers, led by Principal Lawyer Weiwei Zhang, by video consultation from anywhere.
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