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Am I eligible to sponsor my partner for a Partner Visa?

VisaOne
24 August, 2016

Australian citizens and permanent residents can be eligible to sponsor their partner for an Australian Partner Visa under the following subclasses:

  • Spouse Visa Subclass 820/801 (Onshore) on marriage or de facto grounds
  • Spouse Visa Subclass 309/100 (Offshore) on marriage or de facto grounds
  • Prospective Marriage Visa Subclass 300 (Offshore only)

You must meet the following requirements to be able to sponsor your partner:

 

 

You are an Australian Citizen or a Permanent Resident Visa Holder

Only Australian citizens, permanent residents and eligible New Zealand citizens can sponsor their partners for an Australian Partner Visa.

 

 

You Must Either Be Married (or plan to be married) or In A De Facto Relationship

Your relationship must be genuine, continuing and ongoing. You must be living with your partner or, if you aren’t living together, any separation must only be temporary.

For married applicants, marriage must be valid under Australian law (which recognises marriages in other countries, as long as it is a legally recognised marriage in the country get married in).

Underage and polygamous marriages are not legal in Australia. Same-sex couples can apply for a Partner Visa under de facto grounds, as Australia does not yet have legalised same-sex marriages.

Those who are in a de facto relationship must prove that their relationship has been ongoing for at least 12 months before applying for a partner visa. Immigration will not count any time spent during the “dating period” as time towards your relationship as a committed couple.

Please note there are exemptions to the 12-month rule. To find out more about them, you can read our blog about the 12-month relationship myth here https://visaone.com.au/the-12-month-relationship-myth-partner-visas/

 

 

You Are Engaged To Your Partner

If this is the case, then the Prospective Marriage Visa (Subclass 300) is applicable to you. This nine-month temporary visa will give your fiancé time to come to Australia and marry you. Then after you are both married, you can apply here for a subclass 820 Partner Visa and proceed to permanent residency in Australia.

 

 

You Have Not Previously Sponsored Someone (or been sponsored yourself) for a Partner Visa In The Last Five Years

If you have sponsored a previous partner in the last 5 years, or you have been sponsored yourself in the past by an Australian Citizen or Permanent resident, then there are restrictions that will apply to you that will generally prohibit you from sponsoring someone during this period.

There are always exceptions to the rule, so depending on your circumstances, you may need some proper advice before sponsoring your partner on a Partner Visa.

 

 

You Do Not Have A Conviction Or Outstanding Charge For An Offence Against A Child.

Australia has introduced very strict legislation in relation to child offenders, so if this applies to you, make sure to seek advice before proceeding with a Partner Visa.

 

 

If you require professional advice or assistance with a Partner Visa, please email us at solutions@visaone.com.au, or call us on 1300 619 977.

*Legal Disclaimer: Please note that this article is for general information only. Always seek professional legal advice in regards to your situation as every situation is different. Immigration legislation changes regularly and thus always, get up-to-date advice on your situation. Lodging a visa application is a judicial process and is based on the quality of legal advice and legal representation you receive. It is illegal for any Migration Agent or Lawyer to guarantee 100% of a positive result as it is a judicial process.

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40 comments on “Am I eligible to sponsor my partner for a Partner Visa?”

  1. Hi i was married and sponared my wife we married in 2015 in Australia but as soon s she obtained her permement visa she left Feb 2020 i applied for divoried then and court was in june 2021 so i am now divoried but what i wish to now can i sponor another lady to Australia again

  2. Hi my name is Alfio , September 2019 i started a relationship with a Zambian lady, we have being in contacted everyday since we have meet on line, now with this covid 19 , we are restricted to see each other in person, is it possible that i can invite her to come to Australia. we do want to be together as l hope you can help us.

    kind regards Alfio

  3. Hello I am an Australian citizen that has been living in the Philippines since 2003. I have been married for 11years and have a daughter who is also an Australian citizen. I would like to relocate back to Australian how do I go about getting my wife who is a Filipino citizen to the appropriate documentation to he able to relocate with me and my daughter? She is also the mother of my daughter.

  4. I haven’t sponsored anyone before. My partner is in Kenya. We planned to get married. Can I sponsor him to come to Australia so we can get married here?

    1. Hi Fiona,
      We have received your enquiry. One of our visa experts will be in touch with you via email.

  5. do i have to be earning so much a year to sponsor husband from UK to move to Australia? I am an Australian citizen.

  6. Hi, I am an Australia citizen (granted immigrant visa as a minor) who has lived abroad all my life (no social security number or registered address in Aus). Can I sponsor my husband's partner visa? And can we both be overseas or do I have to move to Australia first?

  7. I am Australian and we are planning to apply for 300 class visa with my fiance. However I have sponsored someone else before (partner visa). I know 5 years rule. the question is from what time this 5 year period started. when we applied for temporary partner visa in Australia, when it changed to Permanent, etc?

  8. We are de facto couples with a child aged 4.5 years old. I'm an Australian and my daughter also granted Australian citizenship by descent. So which type of Visa I should apply for my partner?

  9. Hi, am I eligible to sponsor my fiancé?
    I’ve never sponsored on a Partner or Fiancé Visa by Australian citizen or permanent resident but my PR(subclass 186) was granted as my ex partner’s de facto in OCT 2018. Thank you very much.

  10. Hi. My boyfriend was sponsored by his employer in Australia. Is it possible that we will be able to go there this september? Under de facto. But what if we didnt lived together in our home coubtry?

  11. Can my husband sponsor someone to be permanent resident on grounds of same sex de facto relationship if still legally married although separated.

  12. My fiancé lives in India, I have a disability and am on a pension. We want to get married. Can I sponsor him, what assets do I need

    1. Hi Mel,
      We have received your enquiry. One of our visa experts will be in touch with you via email.

  13. hey thanks for all the informations i just get married with my australian wife in morroco whats the next step to join her now and she can sponsor me ?????

    1. Hi Armin,
      We have received your enquiry. One of our visa experts will be in touch with you via email

  14. Hiya.
    My partner is going through the sponsorship process. Would she be eligible to sponsor me during this period?
    My visa runs out in August, by which point we will have been together for a totla of one year.
    Thanks for you time.

  15. I want to sponsor my partner but I am not divorced only separated I have been separated for 10 years...can I still sponsor her

    1. Hi Bradley,
      We have received your enquiry. One of our visa experts will be in touch with you via email

  16. Am I eligible to sponsor my partner to stay in Australia. I am 56 I known my partner long time I getting old and alone since 2001 please help am I eligible or not

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