A 2026 Guide for Sponsors of the Subclass 820, 801, 309 and 100 Partner Visas
Updated July 2026 | By Augustine & Co. Immigration Lawyers | augustineandco.com
What Most Guides Get Wrong About Partner Visa Sponsorship
Partner visa sponsorship is a topic covered extensively online. Most of it says roughly the same things. A significant portion of it contains errors that — if relied upon — lead to underprepared applications, incorrect assumptions about eligibility, and in some cases, entirely preventable refusals at the sponsor stage.
Two errors appear consistently across competitor content and are worth naming directly:
Augustine & Co. Insight
WRONG — widely published: Sponsors must demonstrate financial stability and provide evidence of income, savings or assets. This is not a formal Departmental requirement for partner visa sponsors. There is no income test, no minimum salary, and no assets threshold. The sponsor signs Form 40SP — a legal undertaking of support — but no financial means assessment is conducted. Conflating this with other visa sponsorship frameworks is a common and consequential mistake.
Augustine & Co. Insight
MISSING — from almost every guide: The Department imposes specific additional character requirements on partner visa sponsors that go well beyond a standard police check. These include mandatory disclosure of relevant offences, a precise definition of what constitutes a significant criminal record, and a mandatory refusal provision that applies when both are present. Most guides do not explain this at all. It is the area most likely to catch a sponsor by surprise.
This guide from Augustine & Co. Immigration Lawyers sets out what sponsors actually need to know — drawn directly from the Department of Home Affairs’ published requirements and the Migration Act 1958.
The four Australian partner visa subclasses:
Subclass 820 — Partner (Temporary), onshore. Lodged in Australia. The first stage of the onshore permanent pathway.
Subclass 801 — Partner (Permanent), onshore. Assessed approximately two years after the Subclass 820 application was lodged.
Subclass 309 — Partner (Provisional), offshore. Lodged from outside Australia. The temporary stage of the offshore permanent pathway.
Subclass 100 — Partner (Migrant), permanent. The permanent stage following the Subclass 309.
This guide sets out what sponsors actually need to know — drawn from the Department of Home Affairs’ published requirements and the Migration Act 1958 — including what the Department checks on sponsors, the specific criminal history provisions that can end an application, and the ongoing obligations sponsors carry after a visa is granted.
Who Can Be a Sponsor: The Full Eligibility Picture
For all four partner visa subclasses — 820, 801, 309 and 100 — the sponsor must be:
An Australian citizen, or
An Australian permanent resident, or
An eligible New Zealand citizen — with a precise legal meaning explained below.
The sponsor must be at least 18 years of age. They must not be subject to a sponsorship bar, must not have sponsored more than the permitted number of previous applicants, and must not have a history that triggers the Department’s criminal history provisions for partner visa sponsors.
There is no income test, no minimum salary requirement, and no assets or savings threshold. The sponsor signs Form 40SP — a legal undertaking to provide support — but no financial means assessment is conducted. This is one of the most frequently stated errors in online guides on partner visa sponsorship.
What ‘Eligible New Zealand Citizen’ Actually Means in Law
Not every New Zealand citizen living in Australia qualifies as an eligible New Zealand citizen for partner visa sponsorship purposes. The term has a specific legal meaning under Section 7 of the Social Security Act 1991, and it is more restrictive than most guides acknowledge.
To be an eligible New Zealand citizen — and therefore able to sponsor a partner for the Subclass 820/801 or 309/100 visa — a New Zealand citizen must be a protected Special Category Visa holder. In practice, this means they must have been present in Australia on 26 February 2001 as the holder of a Special Category Visa or must hold written confirmation from Centrelink establishing their protected SCV status.
⚠ New Zealand Citizens Who Arrived After 26 February 2001
New Zealand citizens who arrived in Australia after 26 February 2001 are generally not eligible New Zealand citizens and cannot sponsor a partner through the standard 820/801 or 309/100 pathway. This catches many couples by surprise and can delay applications significantly when not identified at the outset. If your New Zealand citizen partner arrived after that date, alternative pathways exist — including the Subclass 461 New Zealand Citizen Family Relationship visa — but specialist legal advice is required before assuming what is and is not available.
What the Department Actually Checks: Sponsor Character Requirements
This is the section most guides handle poorly, and it is the section most consequential for sponsors with any criminal history. The Department of Home Affairs imposes specific additional character requirements on sponsors of partner and prospective marriage visas — requirements that go beyond the standard visa character assessment.
Police checks — mandatory for all sponsors
Every sponsor must provide an Australian police check and police checks from every relevant overseas country when lodging the sponsorship application. The Department will refuse the visa application if police checks are not provided, or if consent to disclose relevant offences to the applicant is not given. This applies regardless of whether the sponsor believes they have a relevant history.
What is a relevant offence?
Under the Department’s policy, a relevant offence is any offence — in Australia or overseas — involving:
Violence, including murder, assault, sexual assault, or the threat of violence
Harassment, molestation, intimidation or stalking
Breach of an apprehended violence order or similar order
Firearms or other dangerous weapons
People smuggling or human trafficking
Slavery or slavery-like practices, including forced marriage
Kidnapping or unlawful confinement
Attempting to commit, or aiding and abetting, any of the above
If a sponsor has convictions for relevant offences but no significant criminal record, the Department will not automatically refuse the visa. However, it will disclose those convictions to the visa applicant so they can make an informed decision about proceeding.
What is a significant criminal record?
A sponsor has a significant criminal record if they have been sentenced to death, life imprisonment, a single term of imprisonment of 12 months or more, or two or more terms of imprisonment that together total 12 months or more.
⚠ Significant Criminal Record + Relevant Offence = Mandatory Refusal
If a sponsor has both a relevant offence conviction and a significant criminal record, the Department must refuse the visa application — unless it assesses that refusal would be unreasonable in the circumstances. Factors considered include the time elapsed since the sentence, the best interests of any child, and the length of the relationship. This is a mandatory legislative outcome, not a discretionary one. If a sponsor’s history touches this area in any way, specialist legal advice before lodging is not optional.
Sponsorship Obligations: What Most Guides Don’t Tell You
Sponsor obligations do not end when the application is lodged — or even when the visa is granted. This is consistently underexplained in online content and is a source of ongoing compliance risk for sponsors who are not aware of their continuing duties.
During processing
While the application is being processed, sponsors are required to notify the Department of any material changes in circumstances — including changes to their relationship status, residential address, or other relevant personal circumstances. Failure to notify can affect the outcome of the application and in some cases constitute a compliance issue.
After the visa is granted
After the Subclass 820 or 309 temporary visa is granted, the sponsor’s obligations continue. These include ongoing support for the applicant where required, and continued notification of changes to circumstances that may affect the applicant’s visa conditions or the permanent stage assessment. Sponsorship does not conclude at the temporary grant — it continues through to the permanent visa decision.
Sponsorship limits
A sponsor can generally only be approved to sponsor a limited number of partners over their lifetime. The precise limit depends on individual circumstances and prior sponsorship history. Sponsors who have previously sponsored one or more partners — including relationships that did not result in permanent visa grants — need to have their eligibility assessed before lodging. A sponsorship bar resulting from past conduct, including any domestic violence-related findings, can prevent sponsorship entirely.
Augustine & Co. Insight
Sponsor obligations are a legal commitment, not an administrative formality. Sponsors who treat Form 40SP as a routine signature and then disengage from their obligations risk compliance consequences that can affect their partner’s visa status and their own eligibility to sponsor in future. We advise every client on what sponsorship actually means before they sign.
Onshore (820/801) vs Offshore (309/100): What Changes for the Sponsor
The sponsor eligibility requirements, character checks, and ongoing obligations are identical for both pathways. The key difference is where the applicant must be at the time of lodgement and the practical effects of that — including whether a bridging visa is available during processing.
Onshore — Subclass 820 and 801: The applicant must be in Australia at lodgement. The sponsor can be anywhere. Sponsor eligibility is Australian citizen, permanent resident, or eligible New Zealand citizen. A Bridging Visa A is granted automatically, allowing the applicant to remain in Australia during processing. The 820 is granted first, with the 801 assessed approximately 2 years after lodgement.
Offshore — Subclass 309 and 100: The applicant must be outside Australia at lodgement. The sponsor can be anywhere. Sponsor eligibility is the same — Australian citizen, permanent resident, or eligible New Zealand citizen. There is no bridging visa, and the applicant remains offshore until the 309 is granted. The 309 is granted first, with the 100 assessed approximately 2 years after lodgement.
Why Sponsorships Are Refused
Sponsor refusals are less common than visa application refusals, but they are more difficult to recover from — and often more unexpected, because sponsors do not always know their own eligibility issues exist until it is too late.
Undisclosed criminal history — a sponsor who does not provide complete police checks, or who fails to disclose relevant offences, faces mandatory visa refusal.
Significant criminal record with relevant offence — as outlined above, this triggers a mandatory refusal provision.
Previous sponsorship bars — domestic violence-related findings from prior relationships can permanently affect sponsorship eligibility. This is checked before approval.
ENZC status incorrectly assumed — New Zealand citizens who arrived after 26 February 2001 are not eligible and cannot sponsor, regardless of how long they have lived in Australia.
Exceeding the sponsorship limit — sponsors who have previously sponsored the maximum permitted number of partners require specific assessment before proceeding.
The common thread is that these issues are not visible in the application itself — they exist in the sponsor’s history. The only way to identify them is through a thorough eligibility assessment before lodging. By the time a refusal arrives, the application fee is gone and the applicant may be in a difficult visa position — including possible exposure to Section 48 and Schedule 3 barriers.
Why Augustine & Co. Immigration Lawyers
Sponsorship eligibility assessment is not a box-ticking exercise. It requires reviewing the sponsor’s full history — criminal, sponsorship, and relationship — against the specific legislative requirements that apply to partner visa sponsorship. It requires knowing what the Department actually checks, not what online guides say it checks.
Augustine & Co. Immigration Lawyers is a specialist Australian immigration law firm. Lawyers, not agents. Partner visa sponsorship assessment is a core part of what we do. Our immigration lawyers in Melbourne advise sponsors and applicants nationally, in person and by video consultation. 277 Google reviews, the majority five stars. We are here to light the way to your Australian dream.
Book a Sponsorship Eligibility Assessment
Before your partner lodges a visa application, let us assess your eligibility as a sponsor. We will review your history against the Department’s requirements, identify any risk areas, and give you a clear picture of where you stand. Call +61 3 7020 6514 or book a consultation.
Frequently Asked Questions
Who can sponsor a partner visa in Australia?
The sponsor must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen — meaning a protected Special Category Visa holder present in Australia on 26 February 2001. The sponsor must be at least 18 years old, must not be subject to a sponsorship bar, and must meet the Department’s character requirements including providing police checks.
Is there a financial or income requirement for partner visa sponsors?
No. There is no formal income test, minimum salary, or assets threshold for partner visa sponsors. The sponsor signs Form 40SP — a legal undertaking of support — but no financial means assessment is conducted. This is one of the most commonly stated errors in online guides on partner visa sponsorship.
What criminal history will disqualify a partner visa sponsor?
A sponsor must disclose all convictions for relevant offences — which include violence, assault, stalking, harassment, firearms offences, people smuggling, human trafficking, and forced marriage. Where a sponsor has both a relevant offence conviction and a significant criminal record (generally, a sentence of 12 months or more), the Department must refuse the visa application. Where relevant offences exist but no significant criminal record, the Department will disclose the history to the applicant but will not automatically refuse. Seek specific legal advice if any criminal history exists.
Can a New Zealand citizen sponsor a partner visa?
Only if they are an eligible New Zealand citizen — a protected Special Category Visa holder present in Australia on 26 February 2001. New Zealand citizens who arrived in Australia after that date are generally not eligible to sponsor a partner through the standard 820/801 or 309/100 pathway. Alternative options including the Subclass 461 visa may be available. Seek specific legal advice to confirm status.
What is the difference between the onshore (820/801) and offshore (309/100) partner visa?
The applicant for the 820/801 must be in Australia at the time of lodgement. The applicant for the 309/100 must be outside Australia. Sponsor eligibility requirements, character checks, and obligations are identical across both pathways. The key practical difference is that the onshore applicant receives a Bridging Visa A at lodgement, allowing them to remain in Australia during processing. The offshore applicant must wait outside Australia until the 309 is granted.
How many times can a person sponsor a partner visa?
There is a prescribed limit on the number of times a person can be approved as a partner visa sponsor. Whether previous sponsorships affect current eligibility depends on the specific history and circumstances. Sponsors with prior sponsorships — including those that did not result in permanent visa grants — must have their eligibility assessed before lodging.
What are a sponsor’s obligations after the visa is granted?
Sponsorship obligations continue after the temporary visa is granted. Sponsors must notify the Department of material changes to their circumstances and continue to provide support to the applicant where required. The obligations continue through to the permanent stage assessment. Failing to meet these obligations can result in compliance consequences and affect the applicant’s visa status.
Sponsorship Is a Legal Commitment — Start With the Right Advice
Partner visa sponsorship is not a procedural formality. It carries legal obligations, involves a mandatory criminal history assessment, and requires the sponsor to meet eligibility criteria that many people do not know apply to them until an application is in trouble. Getting sponsorship right from the outset is the most important thing a sponsor can do for their partner’s application.
Speak with one of our immigration lawyers about your sponsorship eligibility. We will assess your history, confirm your eligibility, and make sure your partner’s application is built on solid ground. Call +61 3 7020 6514 or visit augustineandco.com.
Augustine & Co. Immigration Lawyers | Level 11, 456 Lonsdale Street, Melbourne VIC 3000 | +61 3 7020 6514 | augustineandco.com
This article provides general legal information only and does not constitute legal advice. Information reflects publicly available Department of Home Affairs guidance and the Migration Act 1958 and Migration Regulations 1994 as at July 2026. Seek specific advice from a migration consultant or Australian legal practitioner before taking action.
Author
Calvin Augustine is the founding solicitor of Augustine & Co. Immigration Lawyers. He graduated with Honors from the University of London law school, before being admitted to practice in Malaysia and Australia (admitted in SA, appears in all Victorian Courts and Tribunals, at trial and appellate levels).
