Who Can Sponsor a Partner Visa?
Key points
- The sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
- The sponsor must be the applicant's spouse or de facto partner and is generally required to be 18 or over.
- Regulation 1.20J generally limits a sponsor to two partner sponsorships, not within five years of a previous one, and prevents a person sponsored as a partner from sponsoring within five years of their own application, unless compelling circumstances affecting the sponsor are shown.
- Where a child under 18 is included, the sponsor's police certificates are generally required and certain offences against children can lead to refusal of the sponsorship.
What status must a partner visa sponsor have?
A partner visa sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. Temporary visa holders cannot sponsor, and most New Zealand citizens who arrived after 26 February 2001 are not eligible New Zealand citizens. Our article on partner visa eligibility explains the sponsor and applicant requirements together.
Does the sponsor have to be married to the applicant?
The sponsor does not have to be married to the applicant, because a de facto partner can also sponsor. De facto couples must generally have been in the relationship for 12 months before applying under regulation 2.03A, unless the relationship is registered or an exception applies. A fiancé or fiancée sponsors through the Subclass 300 visa instead. Our article on the de facto partner visa explains the 12-month rule.
What are the partner visa sponsorship limits?
The partner visa sponsorship limits in regulation 1.20J generally allow a person to sponsor no more than two partners in a lifetime and not within five years of an earlier partner sponsorship. A person who was sponsored as a partner generally cannot sponsor a new partner within five years of their own application. The limits can be waived for compelling circumstances affecting the sponsor. Our page on sponsorship limitations explains how the limits are counted and waived.
Can a sponsor with a criminal record sponsor a partner?
A sponsor with a criminal record can often still sponsor a partner, but the record matters where the application includes a child under 18. In those cases the sponsor generally provides police certificates, and a sponsor with a conviction for certain offences against children may be refused unless limited exceptions apply. Our article on partner visa character requirements explains how character issues are assessed.
Can the sponsor live overseas?
The sponsor can live overseas, because the sponsor does not have to be in Australia when the application is lodged. Australian citizens living abroad often sponsor partners for the Subclass 309 visa. A permanent resident living overseas should check that their own travel facility allows them to return. The couple's plans to live in Australia are usually part of the evidence.
What does the sponsor promise the Department?
The sponsor promises the Department to provide adequate accommodation and financial assistance for the applicant's first two years in Australia. There is no minimum income requirement for the sponsor. The sponsor also agrees to the Department's sponsorship terms and must provide accurate information. Our article on partner visa requirements explains what the sponsorship involves.
How does My Migration Lawyers confirm who can sponsor?
My Migration Lawyers confirms who can sponsor by checking the sponsor's status, relationship history and record before the applicant pays the application charge, because a sponsorship problem found after lodgement can lead to refusal. The firm advises on waivers where the sponsorship limits apply and on alternatives where the sponsor cannot sponsor yet. Couples can speak with our partner visa lawyers by video from anywhere in Australia or overseas.
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Weiwei Zhang