Is your de-facto partner, spouse, or fiancé a non-Australian citizen or permanent resident? Would you like to live together as a couple in Australia? Subject to meeting prescribed valid visa application lodgement and grant criteria, your partner may qualify for a Partner/Spouse or Prospective Marriage visa to Australia. As part of the visa application process, your partner must receive partner visa sponsor approval to be eligible for the visa.

You may be wondering, what does spouse visa sponsorship mean? Relevant questions are who can be a sponsor, and what are the requirements that need to be met to receive sponsorship approval for a partner visa? In this article, we answer your questions about what sponsor approval for a partner visa means, one of the essential elements that must be met to be granted a Partner or Prospective Marriage visa.

What Is A Partner Visa?

Let us start with the basics. What exactly is a Partner Visa?

The Partner Visa category consists of the following visa subclasses:

  • Subclass 820/801 Partner visa (onshore); and
  • Subclass 309/100 Partner visa (offshore).

The subclass 820 and 309 visas are temporary, whilst the subclass 801 and 100 are permanent residence visas.

The visa application process works in the following way:

  • First, you need to lodge a combined application for both the temporary and permanent residence visa (i.e. either of the options listed above). If you are applying in Australia, the relevant application is the Subclass 820/801 Partner visa. Once lodged, you will be granted a Bridging Visa, which will allow you to remain in Australia whilst you await processing of your Subclass 820 Partner visa.

 

If you are offshore, you would need to apply for the Subclass 309/100 Partner visa. in this case, you will need to await a decision on the Subclass 309 Partner visa before your can travel to Australia (unless you apply for another visa which would allow you to enter Australia whilst you wait for a decision. But importantly, you must be located offshore for the Subclass 309 visa to be granted). Subject to being approved, you may then enter Australia as a temporary visa holder.

 

  • The next part of the process is for the Department of Home Affairs (the Department) to consider whether you meet the requirements for grant of the permanent partner visa. This assessment will occur two years following lodgement of your combined partner visa application (although with the recent delays in visa processing, it may take a lot longer for this process to be completed. Nevertheless, you must still submit the required application and documentary evidence at the two-year mark since lodging the original application).

The main aspect of this stage of the application process is to determine whether you and your partner remain in a relationship which meets the requirements for grant of the Partner visa. You will need to provide evidence covering the two-year period since lodging your application to prove to the Department that you are still in a married or de facto relationship, as prescribed under the legislation.

If your application is successful, you will be granted a Partner visa. This will allow you to remain permanently in Australia with your partner/spouse.

What Is A Prospective Marriage Visa?

To be eligible for the Subclass 300 Prospective Marriage visa, you must be engaged to be married to your partner. The visa application process for this visa is the same as if you were applying for an onshore Partner Visa (as outlined above), but with an extra step.

At the first stage, you must apply for a Subclass 300 visa offshore. Grant of this visa will allow you to travel to Australia to marry your fiancé within the visa period (which is nine months).

Before the nine-months ends, you will need to apply for an onshore Partner Visa (subclass 820/801) by following the process outlined above.

In the end, a Prospective Marriage Visa will achieve the same result as the Partner Visa, but with an added step at the start of the process.

We have prepared a series of comprehensive guides on the Partner and Prospective Marriage Visas which explain in more detail how these visas work and the important elements which need to be considered for each. A link to these articles is provided at the end of this article.

What Does Partner Visa Sponsor Approval Mean?

Now that we know what a Partner and Prospective Marriage Visa is, we will next look at what sponsorship approval for a partner visa actually means.

Partner/Spouse Visa

To qualify for an onshore Partner Visa, you must be sponsored by your spouse or de facto partner (if the spouse or de facto partner has turned 18 years of age). If your spouse is under the age of 18 at time of application, then you may be sponsored by a parent or guardian of your spouse who:

  • has turned 18; and
  • is an Australian citizen or permanent resident, or an eligible New Zealand citizen.

Be aware that in the case of a de facto relationship, both you and your Australian partner must be 18 years of age at time of application (i.e. you cannot be sponsored by a parent or guardian like you could be in a spousal relationship).

For offshore partner visa applications, you may also qualify for the visa if you intend to marry an Australian citizen or permanent resident, or an eligible New Zealand citizen. To meet this criterion, the marriage must have taken place before you can be granted an offshore partner visa (and therefore before you enter Australia as the holder of a Subclass 309 visa).

Contrast this with the Prospective Marriage visa, in which case you would need to marry your Australian fiancé after you make your initial entry to Australia on that visa.

Prospective Marriage Visa

To meet visa grant requirements for the Subclass 300 visa, you must be sponsored by your prospective Australian spouse. Both you and your fiancé must have turned 18 years of age at the time of application.

The Sponsor Must Not Be Prohibited

Your spouse or de facto partner for a Partner Visa application (or your intended spouse if the application is lodged offshore) must not be prohibited from being a sponsor.

The same applies to the Prospective Marriage visa, whereby the prospective spouse must not be prohibited from being a sponsor.

When Is A Person Prohibited From Being A Sponsor?

Onshore Partner Visa

Your spouse or de facto partner will be prohibited from being a sponsoring partner if:

  • they are a woman who was granted a Subclass 204 (Woman at Risk) visa within 5 years of lodgement of the onshore Partner Visa application; and
  • on the date of grant of the subclass 204 visa:
  • you were a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or
  • you were the spouse or de facto partner of that woman and that relationship had not been declared to the Department.

Offshore Partner Visa

Your spouse, de facto partner or intended spouse is prohibited from being a sponsor if:

  • you, as the visa applicant, are male: and
  • your spouse, de facto partner or intended spouse is a woman who was granted a Subclass 204 (Woman at Risk) visa within 5 years of lodgement of the onshore Partner Visa application; and
  • on the date of grant of the subclass 204 visa:
  • you were a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or
  • you were the spouse or de facto partner of that woman and that relationship had not been declared to the Department.

Prospective Marriage Visa

Your prospective spouse is prohibited from being a sponsoring partner if:

  • they are a woman who was granted a Subclass 204 (Woman at Risk) visa within 5 years of lodgement of the onshore Partner Visa application; and
  • on the date of grant of the subclass 204 visa:
  • you were a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or
  • you were the the spouse or de facto partner of that woman and that relationship had not been declared to the Department.

What Are The Requirements For Sponsorship Approval For A Partner or Prospective Marriage Visa?

The prospective sponsor must satisfy a number of requirements to be approved for sponsorship for the visa application.

Broadly, these are based on the prospective sponsor’s:

  • Age;
  • Relationship with the visa applicant; and
  • immigration status in Australia.

For a more detailed discussion on the above criteria, please see our article on the Partner Visa Sponsor Requirements.

What Are The Sponsorship Limitations?

The Department is limited in granting sponsor approval for a Partner Visa or Prospective Marriage Visa if the prospective sponsor:

  • has had previous Partner or Prospective Marriage Visa sponsorships approved – this limits the number of times that a person can sponsor another over their lifetime;
  • was previously granted a Contributory Parent Visa – this prevents a person from being approved as a sponsor for a prescribed period from the date when they were granted a permanent Contributory Parent visa;
  • has been convicted of a registrable offence – certain offences that have been committed may lead to sponsorship refusal; or
  • has a significant criminal record in relation to a relevant offence – if the prospective sponsor has been convicted of a relevant offence, and they have a significant criminal record in relation to the relevant offence, the sponsorship may be refused.

The sponsor must also consent to the disclosure by the Department, to each applicant included in the sponsorship, of any conviction for a relevant offence (this may be disregarded in certain circumstances).

Are There Any Sponsorship Obligations?

Yes, if you are applying for a Partner Visa, your prospective sponsor must agree, as part of the application, to undertake certain prescribed obligations to you as the visa applicant, for a specified period of time. This is discussed further in our article on the Partner Visa Sponsor Requirements.

Get More Information

For further information on partner visa sponsorship, please see the following articles:

How to be approved as a partner visa sponsor?

Sponsoring a family member might be easier than you think

Partner Visa Sponsorship

Partner Visa Sponsor Requirements

You can read about a real-life example of how PAX Migration Australia was able to assist a client to Lift the Sponsorship Bar by appealing a decision to refuse a Partner Visa application by demonstrating that compelling circumstances affecting the sponsor existed.

To read more about the Partner and Prospective Marriage Visas, see the following articles:

How to bring your wife to Australia on a genuine partner visa

Overview – Partner Visa Australia

Are you eligible to apply for a de facto partner visa in Australia

Overview of Onshore Australian Partner Visa Schedule 3

Major Changes Ahead for Partner Visas

Why partner visa applications are so tough

What case officers look for in a partner visa application?

Special rules for de facto partners

Bridging visas for partner visa applicants

What evidence should I provide?

A Detailed Guide on De Facto Visa Application

Marriage Visa Australia & Prospective Marriage Visa

Can a man get Australian PR if his wife is Australian

What are the requirements for a spouse visa in Australia

Top 5 reasons why partner visas are refused

Register your de facto relationship in South Australia

Prospective Marriage Visa (subclass 300)

Subscribe to our newsletter for regular updates and additional information.

Contact us to book a no-obligation consultation for your visa.