A Guide to Sponsoring Your Partner for an Australian Visa

Bringing your partner to join you in Australia is an exciting journey, and sponsorship is the foundation of that process. Many couples, however, find the requirements more detailed than they first expect. If you are an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen, it is vital to understand how to correctly complete a sponsorship application for a partner visa.

This comprehensive guide breaks down the sponsorship journey, offering clarity on what to expect. The team at Australian Migration Agents has designed this page to help you navigate the visa process and steer clear of frequent errors on your path to securing an Australian partner visa.

What Does It Mean to Be a Sponsor?

Sponsorship for a partner's migration to Australia is a significant and formal undertaking. It serves as your declaration to the Department of Home Affairs that you will support your partner as they begin their new life here. To be a sponsor, you must be in a genuine and continuing relationship. A partner visa application cannot be approved without a valid sponsor, making your role absolutely essential to the outcome.

The Australian Government requires sponsorship to confirm that the partner visa is sought based on an authentic relationship, rather than for fraudulent reasons or as a matter of convenience.

Which Partner Visa Pathway Is Right for You?

Before preparing your sponsorship application, it is important to know the different Australian partner visa options available. The three main types of visas in this stream are for those who are married, in a de facto relationship, or fiancés.

The primary visa types include:

• Partner Visa (subclass 820/801): This onshore partner visa is for applicants already inside Australia. You begin with a temporary partner visa (subclass 820), which later allows you to apply for the permanent partner visa (subclass 801).
• Partner Visa (subclass 309/100): This offshore partner visa is designed for applicants located outside Australia. You first apply for a provisional temporary visa (subclass 309), which then leads to eligibility for the permanent visa (subclass 100).
• Prospective Marriage Visa (subclass 300): Commonly known as the 'fiancé visa,' this option allows your de facto partner to come to Australia to marry you. Once married, you can then apply for the onshore Partner Visa (subclass 820/801). It is an essential first step if you intend to marry and build a shared life together in Australia.

Each of these visa streams has distinct eligibility criteria that both the visa applicant and you, as the sponsor, must satisfy. Thoughtful planning is key to choosing the visa that best fits your unique situation.

The Two-Stage Application Process

Most partner visas are processed in two stages. Initially, if your application is successful, your partner will be granted a temporary partner visa (subclass 820 or 309). This allows them to live, work, and study in Australia while you wait for the second stage. After approximately two years from the date of your initial application, the Department will assess your eligibility for the permanent partner visa (subclass 801 or 100). This assessment confirms that your relationship remains genuine and ongoing.

What is a Bridging Visa?

For applicants applying for a partner visa from within Australia (the onshore subclass 820), a Bridging Visa is often granted. This temporary visa becomes active when their current substantive visa expires and allows them to remain in Australia lawfully while the Department processes their partner visa application. A Bridging Visa ensures you do not have to leave the country and can continue living together during the waiting period.

Your Sponsorship Eligibility Checklist

To act as a sponsor, you must meet several key criteria. You need to be an Australian citizen, hold permanent residency, or be an eligible New Zealand citizen. Generally, a sponsor must also be 18 years of age or older. A critical part of the assessment relates to your personal history and character.

Sponsor Character Requirements

You are required to meet specific character requirements. This involves undergoing police checks in Australia and any other country where you have spent a significant amount of time. You will need to provide Australian Federal Police certificates, and potentially international ones.

The Australian Government views character checks as a vital part of the process. Having serious character concerns, such as a significant criminal record or a history of family violence, could lead to your sponsorship being refused.

You are required to meet specific character requirements. This involves undergoing police checks in Australia and any other country where you have spent a significant amount of time. The Australian Government views character checks as a vital part of the process, and having serious character concerns could lead to your sponsorship being refused.

Navigating the Sponsorship Application Steps

Sponsoring your partner involves a series of clear but important steps. Here is a straightforward guide to the application process:

1. Confirm Your Eligibility: First, check that you meet all the sponsor requirements, including your residency or citizenship status and character obligations.
2. Gather Your Documents: You'll need to collect proof of identity, evidence of your citizenship or residency, and documents supporting your genuine relationship. This usually includes certified copies of your birth certificate, current passport, and any national ID cards.
3. Set Up Your ImmiAccount: You must register for an online account with the Department of Home Affairs. This portal is where you will manage and submit your sponsorship application digitally.
4. Complete Form 40SP: This form, titled 'Sponsorship for a Partner to Migrate to Australia,' must be filled out accurately with all your personal details.
5. Lodge Both Applications: To prevent avoidable delays, submit your sponsorship form immediately after your partner submits their visa application.
6. Stay Responsive: Keep an eye on your ImmiAccount for any correspondence from the Department. Respond quickly if they request more information or additional documents.

If you're feeling unsure about the paperwork or what comes next, our team at Australian Migration Agents is here to help you prepare a solid application.

Tip: Lodging the sponsorship form (40SP) and the visa application together is highly recommended. This integrated approach helps streamline processing and can prevent complications.

Common Mistakes to Avoid When Sponsoring a Partner

Many sponsorship applications face delays or refusal because of common errors. These can include incomplete forms, missing police certificates, or providing information that is inconsistent with your partner's application.

To avoid these issues, carefully double-check all documents, provide honest answers to every question, and lodge both applications simultaneously. It is also important to ensure the evidence of your relationship clearly demonstrates its development over time. This includes details about your living arrangements, whether you are in a de facto relationship or legally married, and whether you currently reside together or apart.

Putting together a partner visa application requires careful effort, but avoiding these frequent pitfalls will help maximise your prospects for a successful outcome.

Understanding Your Sponsorship Obligations and Limits

As a sponsor, you must be aware of your responsibilities. This includes the requirement to notify the Department of any changes to your relationship status, for example, if the relationship ends. It is crucial to understand that providing misleading information or failing to uphold your obligations can result in the visa being refused or even cancelled. Honesty and thorough preparation are essential for a smooth process. You should also consider the impact of the sponsorship on your partner's current visa status, particularly if it is close to expiring.

Australian regulations place limits on how many times you can sponsor a partner. Typically, an individual can sponsor a maximum of two partners in their lifetime, with a five-year gap required between sponsorships. Exceptions may apply in compelling and compassionate circumstances.

How We Can Support Your Sponsorship Application

The partner visa journey can be emotionally taxing and procedurally complex. A registered migration agent from Australian Migration Agents can assist in ensuring your sponsorship application is correctly prepared and submitted. From reviewing your documents and helping you draft clear statements to guiding you through the character requirements, professional support can make a significant difference.

Our team has extensive expertise in navigating the intricacies of Australian migration law. We work to ensure your application forms are prepared with great care to maximise your chances of a successful visa grant. We can help you gather the right relationship evidence and present your case in the strongest possible way.

Ready to take the next step in bringing your partner to Australia? Book a consultation with our friendly registered migration agents today to get personalised support for your sponsorship journey.