Who Can Sponsor an Australian Partner Visa? 820/801, 309/100 and 300 Sponsor Eligibility

Who can sponsor an Australian Partner visa? For the standard Partner and Prospective Marriage pathways, the sponsor is generally an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is the applicant’s spouse, de facto partner or prospective spouse, depending on the visa subclass.

However, nationality or permanent-resident status is only the starting point. Home Affairs must approve the sponsorship, and sponsorship limitations or character-related rules can affect some cases.

Subclass 820/801 sponsor

The onshore 820/801 pathway is for the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Home Affairs says the applicant and family members included in the application must have a sponsor, and that the Department must approve the sponsor.

See our 820/801 Partner Visa hub for the broader requirements.

Subclass 309/100 sponsor

The offshore 309/100 pathway similarly requires the applicant to be in a genuine relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The 309 is the provisional stage and the 100 is the permanent stage.

See our 309/100 Partner Visa hub.

Subclass 300 Prospective Marriage sponsor

A Subclass 300 applicant must have a sponsor who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen and must meet the prospective-marriage requirements. The visa is designed for a person who intends to marry their prospective spouse during the visa period.

See our Subclass 300 Prospective Marriage Visa hub.

What does “eligible New Zealand citizen” mean?

Not every New Zealand citizen in Australia is automatically an “eligible New Zealand citizen” for migration sponsorship purposes. The term has a specific migration-law meaning. A New Zealand sponsor should confirm their status rather than assuming that holding a New Zealand passport is enough.

Are there limits on how many partners someone can sponsor?

Yes. Regulation 1.20J of the Migration Regulations contains limits relating to previous partner sponsorships and circumstances where the sponsor was previously sponsored as a partner. Broadly, the rules can involve a two-sponsorship limit and five-year timing restrictions, subject to specified exceptions.

Our dedicated Partner Visa sponsorship limitations guide explains these rules in detail.

Can a sponsor with a criminal record still sponsor?

Some criminal-history issues can affect sponsorship approval, particularly where relevant offences or significant criminal records are involved. The answer depends on the type of offence, sentence, timing, whether children are included and the specific sponsorship provisions that apply.

See our guide to Partner Visa sponsor police checks and relevant offences.

Does the sponsor need a minimum income?

There is no general minimum-income threshold for standard Partner visa sponsorship in the same way that some other migration programs use specified income criteria. Financial circumstances can still be relevant to evidence and practical settlement issues. See our article: Does a Partner Visa sponsor need a minimum income?

Case example

An Australian permanent resident wants to sponsor a new spouse. Before the couple lodges, they discover that the sponsor previously sponsored two partners and the most recent sponsorship was within the relevant period. The sponsor’s Australian permanent residence alone does not answer the sponsorship question; the limitation provisions need to be analysed.

Check sponsor eligibility before paying the application charge

Because sponsorship problems can affect the visa pathway, they should be identified before lodgement wherever possible. A genuine relationship does not automatically override a statutory sponsorship restriction.

Need a sponsor eligibility review?

Contact Emigrate Lawyers if there is a previous sponsorship, criminal history, eligible-New-Zealand-citizen issue or other complication affecting the sponsor.

This article provides general information only and is not legal advice. Australian migration law and policy can change, and the outcome of a Partner visa matter depends on the individual facts.