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Who can be a sponsor for a Partner visa?

I want to move to Australia to be with my partner who is an Australian citizen. Who can be my sponsor?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 24-11-2015
1 Lawyer Answered
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  1. Immigration & Migration
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Kert Stavorn, Belmore 2192 NSW

  • Ideally the sponsor for a Partner visa whether onshore or offshore should be the person in a relationship with the applicant.
  • The sponsor has to be an Australian citizen, an eligible New Zealand citizen resident in Australia or a permanent resident.
  • The sponsor should also be over 18 years of age at time of application. If they are under 18 years of age it is possible for their parent or guardian to act as the sponsor.
  • If your sponsor has previously sponsored a partner in the last 5 years or was sponsored themselves as partners previously within the last 5 years there may be certain limitations on their role as a sponsor for the new application. It may still be possible for them to be a sponsor but they must have compelling circumstances that may include:
    • their previous partner has died;
    • their previous partner left them; or
    • they have a child with you.
  • If your sponsor holds a Woman at Risk visa (subclass 204) you may be subject to sponsorship limitations based on a case-by-case basis.
  • If you have a Contributory Parent visa (subclass 143) or a Contributory Aged Parent visa (subclass 864) then there will be restrictions on your role as sponsor for a partner as well unless you can show compelling reasons. For example if you can show that at the time your partner was unable to migrate with you due to a major illness in the family.
  • As the sponsor you should provide the following documents with your application:
    • proof of your relationship with the applicant;
    • change of name certificate if applicable;
    • Australian permanent resident visa or certified copy of their Australian citizenship;
    • certificate or birth certificate;
    • provide proof that you will be able to meet the sponsorship obligations such as proof of income;
    • you may need to obtain an AFP Police Check if asked or if there are dependent children in the application; and
    • agree to provide financial assistance that covers 2 years and adequate accommodation for the applicant.

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