How to Get An Australia Spousal Visa Sponsorship for Foreigners.

What Is a Spousal Visa?

Types of Partner Visas in Australia

1. Onshore Partner Visa (Subclass 820/801)

• Who it’s for: Couples where the foreign partner is already in Australia on a valid visa (e.g., tourist or student visa).
• Process: The Subclass 820 is a temporary visa, followed by the permanent Subclass 801 after a two-year waiting period, provided the relationship remains genuine.
• Perks: The applicant can stay in Australia during processing and access work rights and Medicare.

2. Offshore Partner Visa (Subclass 309/100)

• Who it’s for: Couples where the foreign partner is outside Australia when applying.
• Process: The Subclass 309 is temporary, leading to the permanent Subclass 100 after two years of relationship commitment.
• Note: The applicant must remain outside Australia until the temporary visa is granted.

3. Prospective Marriage Visa (Subclass 300)

• Who it’s for: Couples engaged to marry within nine months of visa approval.
• Process: After marriage, the visa holder can apply for an onshore partner visa (820/801).
• Key requirement: Proof of intent to marry, such as a letter from a marriage celebrant.

Eligibility Criteria

• Citizenship/Status: You must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
• Age: You must be 18 or older (exceptions may apply for spousal relationships where a parent or guardian sponsors).
• Relationship: You must be in a genuine, ongoing relationship (married or de facto) with the applicant. De facto couples need to prove they’ve lived together for at least 12 months or have registered their relationship in an Australian state/territory.
• Character: You must pass a character check, providing Australian and foreign police clearances. Convictions for serious offenses, like violence or child-related crimes, may lead to refusal unless compelling circumstances exist.
• Financial Support: You’re responsible for providing accommodation and financial support for the visa holder for two years after visa approval.

Applicant Requirements

• Relationship Proof: Provide evidence of a genuine relationship, such as joint bank accounts, shared bills, photos, or statutory declarations from friends and family.
• Health and Character: Pass health exams and provide police clearances from countries lived in for 12 months or more in the last 10 years.
• Visa Status (Onshore): If applying onshore, the applicant must hold a valid visa or meet Schedule 3 criteria if their visa has expired.

Sponsorship Limitations

• Lifetime Limit: You can sponsor only two partners in your lifetime.
• Five-Year Rule: If you’ve sponsored a partner before or were sponsored yourself, you must wait five years from the date of the previous application before sponsoring again. This applies even if the sponsored partner never entered Australia.
• Waivers: Limitations may be waived in compelling circumstances, such as:
  • A long-term relationship (over two years).
  • Dependent children from the relationship.
  • Death or abandonment by a previous partner.
• Character Issues: Sponsorship may be refused if you have convictions for serious offenses, especially those involving children, unless no minors are involved or compelling reasons justify approval.

Application Process

1. Gather Evidence: Collect documents proving your relationship, identity, and character. More on this below.
2. Lodge the Applicant’s Visa Application: The foreign partner submits their application online via the ImmiAccount portal, paying the visa fee (around AUD 8,850 as of 2025).
3. Sponsor Application: After the applicant’s submission, the sponsor uses the Transaction Reference Number (TRN) to lodge their Form 40SP sponsorship application online.
4. Provide Additional Information: The Department may request more documents or an interview to verify the relationship.
5. Await Decision: Processing can take 20–27 months, depending on the visa type. You’ll be notified of the outcome via ImmiAccount.
6. Temporary to Permanent Transition: For Subclass 820/309, apply for the permanent visa (801/100) after two years, proving the relationship is ongoing.

Required Documents

• Identity Documents: Passports, birth certificates, and certified translations if not in English.
• Relationship Evidence:
  • Marriage certificate or relationship registration (if applicable).
  • Proof of cohabitation (leases, utility bills).
  • Financial ties (joint accounts, shared expenses).
  • Social evidence (photos, travel records, messages).
  • Statutory declarations from friends/family confirming your relationship.
• Sponsor Documents:
  • Proof of Australian citizenship or residency (passport, birth certificate).
  • Police clearances (Australian and foreign, if requested).
  • Evidence of financial capacity (payslips, bank statements).
• Applicant Document
  • Health examination results.
  • Police clearances from relevant countries.
  • Military service records (if applicable).

Processing Times and Costs

• Processing Times (as of 2025):
  • Subclass 820: ~27 months for 90% of applications.
  • Subclass 801: ~20 months.
  • Subclass 309: ~25 months.
  • Subclass 100: ~22 months.
• Costs: The base fee is approximately AUD 8,850, covering both temporary and permanent stages. Additional costs include health exams, police checks, and migration agent fees (if used).
• Bridging Visa (Onshore): If applying onshore, the applicant may receive a bridging visa to stay legally during processing, with work and study rights.

• Be Honest: Always provide truthful information. Misleading details can lead to visa refusal or bans.
• Organize Evidence: Group documents by category (financial, social, etc.) and include a cover letter summarizing your relationship timeline.
• Seek Professional Help: A registered migration agent can clarify complex cases, especially if sponsorship limitations apply.
• Communicate Changes: Notify the Department if your relationship status or circumstances change (e.g., breakup or pregnancy).
• Join Support Groups: Online communities, like partner visa Facebook groups, offer tips and emotional support from others in the process.

Common Challenges and Solutions

• Limited Relationship Evidence: If you’ve just started living together, submit what you have and add more later. A migration agent can help strengthen your case.
• Previous Sponsorships: If the five-year rule applies, gather evidence of compelling circumstances (e.g., dependent children) to request a waiver.
• Visa Expiry (Onshore): If the applicant’s current visa is expiring, consider a bridging visa or another temporary visa to maintain lawful status.
• Character Concerns: If the sponsor has a criminal history, provide legal documents or compelling reasons to support approval.

Conclusion