Partner Visa Sponsor Requirements

There is no income test and no savings requirement for a partner visa sponsor. What the sponsor gives instead is a written undertaking of support, lodged online as the sponsorship form (Form 40SP), and consent to police checks and to the disclosure of certain convictions to the applicant. As at 23 September 2026, checked against the Migration Regulations 1994 (Cth) and the Department of Home Affairs sponsor pages.

Who can sponsor a partner visa?

The sponsor must meet every one of these conditions, alongside the applicant's own partner visa requirements:

1. Status. The sponsor is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. Regulation 1.03 of the Migration Regulations 1994 (Cth) defines an eligible New Zealand citizen as a New Zealand citizen who is a protected Special Category visa holder under s 7 of the Social Security Act 1991 (Cth).
2. Relationship. The applicant is the sponsor's spouse or de facto partner, or, for a Prospective Marriage visa, the person the sponsor intends to marry.
3. Age. The sponsor is 18 or over. Under cl 820.211(2)(c) and cl 309.213 of Schedule 2, if the sponsor is a married spouse under 18, a parent or guardian aged 18 or over who is a citizen, permanent resident or eligible New Zealand citizen sponsors instead.
4. Not barred. No sponsorship limitation under regs 1.20J to 1.20KC applies, or the Minister decides to approve the sponsorship despite it.
5. Approved. The Minister approves the sponsorship (cl 820.221A), and it is still in force when the visa is decided.

Can a girlfriend or boyfriend sponsor you?

Yes, if the relationship meets the legal test. The regulations do not use the words girlfriend or boyfriend: the applicant must be the sponsor's spouse under s 5F of the Migration Act 1958 (Cth) or de facto partner under s 5CB. A de facto couple usually needs 12 months of de facto relationship before applying under reg 2.03A, unless the relationship is registered or compelling and compassionate circumstances apply.

Can a permanent resident sponsor a partner?

Yes. A permanent resident sponsors on the same terms as a citizen. Home Affairs asks a permanent resident sponsor for evidence that they usually live in Australia, such as a home, work, property or family ties here.

Can you sponsor from outside Australia?

Home Affairs says a sponsor can be inside or outside Australia when they apply to sponsor. An Australian citizen living overseas can sponsor. A permanent resident or eligible New Zealand citizen sponsor must give evidence that they usually live in Australia. When the applicant is also outside Australia, the application is usually for the subclass 309.

What is the 5-year rule for partner visa sponsorship?

The "5-year rule" is the sponsorship limitation in reg 1.20J of the Migration Regulations 1994 (Cth). It applies to Partner, Prospective Marriage and related temporary visa applications, and it has two five-year limbs and a count limit:

• You sponsored before. If someone was already granted a partner or prospective marriage visa on your sponsorship, not less than 5 years must have passed since the date that earlier visa application was made (reg 1.20J(1)(b)).
• You were sponsored before. If you were granted a visa as someone's spouse, de facto partner or prospective spouse on the basis of their sponsorship, not less than 5 years must have passed since the date you made that application (reg 1.20J(1)(c)).
• The count. Not more than one other person may already have been granted a visa as your partner on your sponsorship (reg 1.20J(1)(a)).

Once the reader's phrase is set aside, the five-year sponsorship limitation under reg 1.20J is separate from three other things people call a "5-year rule":

1. The travel facility. A permanent Partner visa (subclass 801 or 100) lets the holder travel to and enter Australia for 5 years from the date of grant (cl 801.511 and cl 100.511). That is a feature of the visa, not a sponsorship rule.
2. The citizenship residence requirement. For Australian citizenship the general rule is 4 years living in Australia on a valid visa, including 12 months as a permanent resident, as Home Affairs sets out on its citizenship pages. That is not five years, and it is not about sponsoring.
3. The length of the relationship. No five-year relationship period exists in the partner visa criteria.

How many partners can you sponsor?

Two in a lifetime. Regulation 1.20J(1)(a) stops the Minister approving the sponsorship if more than one other person has already been granted a visa as your spouse, de facto partner or prospective spouse on your sponsorship. Home Affairs puts it as "your third time sponsoring someone for a Partner visa or Prospective Marriage visa".

• A Prospective Marriage visa counts. The limit covers a person granted a visa as your prospective spouse.
• The count is of grants. The regulation counts people who were granted a visa or other permission to remain. An earlier partner who left the relationship after experiencing family violence committed by the sponsor also counts (reg 1.20J(1)(a)(ii)).

Can the sponsorship limitation be waived?

Yes. Regulation 1.20J(2) lets the Minister approve the sponsorship despite the limits if satisfied "there are compelling circumstances affecting the sponsor". The regulation lists no examples. Home Affairs gives four circumstances in which you "might still be able to sponsor": you and the applicant have a dependent child, your previous partner died, your previous partner left and children depend on you, or your relationship with the applicant is long-standing. The note below this section applies.

What does a sponsor promise?

The sponsor promises support, not money in the bank. Under reg 1.20(2)(c) of the Migration Regulations 1994 (Cth), a partner visa sponsor undertakes to:

1. Assist the applicant financially, to the extent necessary.
2. Assist with accommodation, to the extent necessary.
3. Cover the family members included in the application, as Home Affairs states.
4. Keep the undertaking for two years. It runs from the grant of the temporary visa if the applicant is in Australia, or from their next arrival in Australia if they are outside it. Home Affairs says the two years apply even if the permanent visa is granted straight after the temporary one.
5. Stay the same sponsor. Home Affairs says the applicant cannot change sponsor: the person who sponsors at lodgement sponsors for the two years after grant.

The undertaking is made in the sponsorship form, Form 40SP, lodged online.

Does the sponsor need a police check?

Yes. Home Affairs asks the sponsor for a complete disclosure National Police Certificate from the Australian Federal Police, and an overseas police certificate from every country where the sponsor spent a total of 12 months or more in the last 10 years since turning 16. It does not accept standard disclosure certificates or state police certificates. Police certificates are valid for 12 months for immigration purposes.

The sponsor must also consent to the Department disclosing any conviction for a relevant offence to the applicant (cl 820.221(4)(b)). Two regulations can stop a sponsorship:

• Reg 1.20KC applies to relevant offences involving violence, harassment or stalking, breach of an apprehended violence order, weapons, people smuggling, human trafficking, slavery (including forced marriage), kidnapping, and attempts or aiding. The Minister must refuse the sponsorship if the sponsor has a significant criminal record for them, which reg 1.20KD defines as a sentence of 12 months or more in total, but may still approve it having regard to the time since the sentence, the best interests of children and the length of the relationship.
• Reg 1.20KB applies where an applicant is under 18 and the sponsor has been charged with or convicted of a registrable child sex offence.

Can you sponsor a partner if you have a criminal record?

A criminal record is not an automatic bar. A significant criminal record for a relevant offence is, unless the Minister decides to approve the sponsorship anyway, and a registrable offence bars sponsorship where a child is included.

Is there an income requirement to sponsor a partner?

No. Neither Schedule 2 of the Migration Regulations 1994 (Cth) nor the Home Affairs sponsor pages set an income, savings or employment test for a partner visa sponsor, and the Department charges nothing for the sponsorship itself. What does exist is the two-year undertaking of financial and accommodation support described above.

How does a sponsor apply?

1. The applicant lodges first, pays the charge and gives the sponsor the Transaction Reference Number (TRN) or application ID.
2. The sponsor logs in to ImmiAccount, their own or the applicant's, and selects New application, then Family, then Sponsorship for a Partner to Migrate to Australia.
3. The sponsor completes the form using the TRN, and attaches a copy of their passport, birth certificate, a photo of their face, police certificates and the written consent to disclosure.
4. The Department assesses the sponsorship with the visa application. Under cl 820.221A the sponsorship must be approved before the visa is granted.
5. The Department tells the applicant the outcome in writing.

Home Affairs says the sponsor should apply "as soon as possible" after the visa application. The visa application charge is paid once, at lodgement, and covers both the temporary and permanent stages.

Can a sponsor withdraw sponsorship?

Yes, up to a point. Home Affairs says a sponsor can withdraw the sponsorship any time before the permanent Partner visa (subclass 801) is decided:

1. Tell the Department in writing, using the Partner Processing Enquiry Form.
2. State that you no longer want to sponsor your former partner or spouse. Removing an online application from ImmiAccount does not withdraw it.

A sponsor cannot withdraw for the subclass 820 once it has been granted, and the applicant may still be eligible for the permanent visa, for example under the family violence provisions. A sponsor also cannot cancel a visa. Under s 116 of the Migration Act 1958 (Cth) only the Minister may cancel a visa, and withdrawing a sponsorship is a different act. What follows for the applicant is set out where a partner visa relationship breaks down.

What happens if the sponsor dies?

The application can still be decided. Under cl 820.221(2) and cl 309.221(2) of Schedule 2, the applicant can still meet the criteria if they satisfy the Minister that they would have continued to be the sponsor's spouse or de facto partner had the sponsor not died. Home Affairs asks applicants to complete the Notification of Relationship Cessation form in ImmiAccount, or the Partner Processing Enquiry Form without ImmiAccount access. Its Death in the family page sets out the steps for each visa.

Questions about sponsoring a partner visa

Does the sponsor pay the visa charge?

The Department charges nothing for the sponsorship. The visa application charge is paid when the visa application is lodged, and Home Affairs does not say which partner must pay it.

Can the sponsor be changed after lodging?

No. Home Affairs says the person who sponsors at lodgement must be the same person who sponsors for two years after the temporary visa is granted.

Does a sponsor need to live in Australia?

A citizen sponsor does not have to show residence. A permanent resident or eligible New Zealand citizen sponsor must give evidence that they usually live in Australia.

Can a sponsor with a previous partner visa sponsor again?

Yes, once five years have passed since they applied for their own partner visa, or earlier if the Minister finds compelling circumstances.

Forms, requirements and what happens if things change

• The sponsorship form itself, Form 40SP, is explained section by section.
• A partner visa with a New Zealand citizen sponsor explains who counts as an eligible New Zealand citizen, and the subclass 461 when they do not.
• The partner visa sponsor evidence page lists the documents that prove citizenship or permanent residence.
• If the relationship ends, see what happens when a partner visa relationship breaks down.
• For the whole process from both sides, start with the Australian partner visa guide.

A sponsorship can be refused on a limb the couple never looked at: a five-year date counted from the wrong application, an overseas police certificate missing, or a conviction that triggers reg 1.20KC. A partner visa prepared by a registered migration agent or an Australian legal practitioner is more likely to succeed, because they check the sponsor's history against each regulation before lodgement and know when a compelling-circumstances request is worth making. No adviser can promise a grant.

Questions people ask

What is the 5-year rule for partner visa sponsorship?

It is the sponsorship limitation in reg 1.20J of the Migration Regulations 1994 (Cth). A sponsor who has already sponsored a partner who was granted a visa must wait until 5 years have passed since that partner's visa application was made, and a sponsor who was granted a partner visa themselves must wait until 5 years have passed since they made that application. It is not the 5-year travel period on a permanent partner visa, and it is not the citizenship residence rule.

How many times can you sponsor a partner in Australia?

Usually twice in a lifetime. Under reg 1.20J the sponsorship is not approved if more than one other person has already been granted a partner or prospective marriage visa on your sponsorship, unless the Minister is satisfied there are compelling circumstances affecting you as the sponsor.

Is there an income requirement to sponsor a partner visa?

No. There is no income test and no savings threshold for a partner visa sponsor. Instead the sponsor undertakes to assist the applicant financially and with accommodation, to the extent necessary, for two years, and must meet the sponsor character rules.

Does a partner visa sponsor need a police check?

Yes. As at 23 September 2026 Home Affairs asks the sponsor for a complete disclosure National Police Certificate from the Australian Federal Police, and an overseas police certificate from every country where the sponsor spent a total of 12 months or more in the last 10 years since turning 16. The sponsor must also consent to the Department telling the applicant about any conviction for a relevant offence.

Can a sponsor cancel a partner visa?

No. Only the Minister, acting through the Department, can cancel a visa under the Migration Act 1958 (Cth). A sponsor can withdraw their sponsorship in writing before the permanent stage is decided, which is a different act, and the applicant may still be eligible for the permanent visa.

Sources

Primary sources this page was checked against on 23 September 2026.

1. Migration Regulations 1994 (Cth), regs 1.20, 1.20J, 1.20KB, 1.20KC and Schedule 2 www.legislation.gov.au
2. Department of Home Affairs, Partner visa (subclass 820), For Sponsors tab immi.homeaffairs.gov.au
3. Department of Home Affairs, Partner Visa Frequently Asked Questions (last updated 16 September 2026) immi.homeaffairs.gov.au
4. Department of Home Affairs, Death in the family immi.homeaffairs.gov.au
5. Migration Act 1958 (Cth) www.legislation.gov.au
6. Office of the Migration Agents Registration Authority, Search the register of migration agents portal.mara.gov.au