One of the most frequent worries viewers raise with me is that a sponsor’s reliance on Centrelink payments dooms a partner application from the very start. In this Q&A, Negin Safaei, Australian migration lawyer and MARA registered agent no. 1791573, sets out the precise legal framework, drawn directly from the text of the Migration Regulations and the Department of Home Affairs guidance. The result is a clear, reliable picture: no unfounded fear, and no baseless optimism.
The short answer
Yes. Australian migration law contains no income test and no requirement that a partner visa sponsor not be receiving Centrelink; receiving Centrelink benefits is not, of itself, a reason to refuse sponsorship. However, the sponsor must sign the binding undertaking under regulation 1.20 and, for 2 years from the grant of the temporary/provisional offshore visa, accept responsibility for providing financial support and accommodation to the extent necessary, must satisfy the police clearance and character requirements, and in some subclasses an Assurance of Support may be requested — something a person receiving the maximum rate of benefits generally cannot provide themselves.
What the law says
The limitations on approval of sponsorship for spouse/partner and prospective marriage visas are set out exhaustively in the Migration Regulations 1994: regulations 1.20J, 1.20KA, 1.20KB, 1.20KC and 1.20KD. What those regulations address is the history of previous sponsorships, registrable offences and significant criminal records — not income levels, not employment, and not reliance on social welfare. Put another way, the legislature has left no door open to refuse a sponsor on the basis of “receiving Centrelink”.
On the other side of the scales sits regulation 1.20. A person whose sponsorship is approved must formally enter into a sponsorship undertaking by completing the approved form and giving it to the Minister; and in partner cases, the undertaking is that the sponsor will assist the applicant, “to the extent necessary”, financially and in relation to accommodation, for 2 years from the date the temporary or provisional visa is granted (regulation 1.20(2)(c) and (e)). This is not an administrative formality; it is a legal commitment, and by signing it the sponsor takes on real responsibility. The important point is that the law sets no minimum income for giving that undertaking.
In addition, the Department of Home Affairs states on its “Additional sponsor requirements” page that a sponsor must provide Australian and overseas police certificates and give written consent to the disclosure of convictions for relevant offences; if those documents are not provided, the visa will be refused. Likewise, where a sponsor has a conviction for a relevant offence together with a significant criminal record, the visa must be refused unless it is assessed as reasonable not to refuse it. Both of these are character criteria, not financial ones.
Finally, the Assurance of Support (AoS) scheme must be kept distinct from sponsorship. According to the Department of Home Affairs, for some migration subclasses an AoS is mandatory and must be in place before the visa is granted, while for other subclasses an AoS is a discretionary requirement and, in that case, no bond is required. The Form 40 material also makes clear that the sponsor need not be the assurer, and that a person who has received the maximum rate of a Services Australia pension, benefit or allowance in the past year is generally not accepted as an assurer. In other words, reliance on Centrelink does not close off the path to sponsoring, but it may prevent that same person from being the assurer — and if an AoS is requested, another eligible person will be needed.
Key requirements and what a sponsor on Centrelink should know
| Issue | Legal position | Source |
|---|---|---|
| Income test for a partner sponsor | None; receiving Centrelink is not, of itself, a reason for refusal | Regulations 1.20J, 1.20KA, 1.20KB, 1.20KC, 1.20KD (exhaustive list of limitations) |
| Sponsorship undertaking | Mandatory; formal entry into the undertaking by completing the approved form and giving it to the Minister within a reasonable period | Regulation 1.20(2) |
| Scope of the support undertaking | Financial assistance and assistance with accommodation “to the extent necessary” for 2 years from grant of the temporary/provisional visa | Regulation 1.20(2)(c) and (e) |
| Police certificates | Mandatory (Australian and overseas), together with written consent to disclosure of relevant convictions; failure to provide → visa refusal | Department of Home Affairs – Additional sponsor requirements |
| Significant criminal record | Where there is a conviction for a relevant offence together with a significant criminal record, the visa must be refused unless it is assessed as reasonable not to refuse it | Department of Home Affairs – Additional sponsor requirements |
| Assurance of Support | Mandatory and a precondition of grant in some subclasses; a discretionary requirement in others, with no bond required | Department of Home Affairs – Assurance of Support |
| Can a person on Centrelink be the assurer? | The sponsor need not be the assurer; a person who has received the maximum rate of benefits in the past year is generally not accepted as an assurer | Department of Home Affairs – Form 40 |
- A genuine relationship is the heart of the case — but it is not the only criterion. Even with a genuine, well-documented relationship, sponsorship can be refused or limited on the basis of previous sponsorship limitations (regulation 1.20J) or the provisions dealing with registrable offences and criminal records (regulations 1.20KB, 1.20KC, 1.20KD), and — quite apart from income — a visa may still fail on health, character or Schedule 3 requirements.
- Take the 2-year undertaking seriously. Signing the regulation 1.20 undertaking means accepting practical responsibility for your partner’s living costs and accommodation during the first two years after the temporary/provisional visa is granted.
- Separating the roles solves the problem. If an AoS is requested in your case, the sponsor does not have to provide it; another eligible person can be used.
- Report the change in relationship status to Services Australia. Once the partner application is lodged and relationship status changes, the sponsor’s own payments may be reassessed on a “partnered” basis; newly arrived resident waiting periods may also affect the visa holder. These matters are governed by social security law and must be checked and reported directly with Services Australia.
What this means for you
If you or your partner receive Centrelink benefits, the message is clear: sponsorship is open to you. As Negin Safaei explains, in a partner application the Department does not look at the sponsor’s payslips or income level; what decides the outcome is the genuineness and continuity of the relationship, satisfying the police clearance and character requirements, and signing the regulation 1.20 undertaking with a full understanding of what it involves. So put your energy where it counts: documenting the four aspects of the relationship (financial, household, social, and mutual commitment), obtaining police certificates in good time, and being completely transparent in your statements.
At the same time, three sensitive points need planning, and are best addressed before lodgement rather than after. First, whether — in your particular case, subclass 820/801 or 309/100 — an AoS arises under the Department of Home Affairs’ current guidance and, if so, who can act as assurer. Second, whether previous sponsorships or a criminal history bring you within the limitations in regulations 1.20J to 1.20KD. Third, notifying Services Australia of the change in relationship status and anticipating its effect on your current payments. Experience with partner applications shows that files structured around this roadmap from the outset attract the fewest requests for further information and the least delay. As a MARA registered agent (no. 1791573), Negin Safaei carries out this assessment on the basis of the text of the Regulations and the official guidance, tailored to the realities of your life — in Persian, and without ambiguity.
Sources
- Migration Regulations 1994 — Reg 1.20 (Sponsorship undertakings) and regulations 1.20J, 1.20KA, 1.20KB, 1.20KC, 1.20KD (limitations on approval of sponsorship), Federal Register of Legislation: legislation.gov.au
- Additional sponsor requirements — Department of Home Affairs: immi.homeaffairs.gov.au
- Assurance of Support — Department of Home Affairs: immi.homeaffairs.gov.au
- Form 40 — Sponsorship for a partner to migrate to Australia, Department of Home Affairs: immi.homeaffairs.gov.au
- Partner visa (subclass 820/801) — Department of Home Affairs: immi.homeaffairs.gov.au
- Partner visa (subclass 309/100) — Department of Home Affairs: immi.homeaffairs.gov.au
Start your partner application with confidence
If “Centrelink” has been your worry, it is time to cross it off your list and focus on what genuinely decides the outcome: documenting the relationship, the 2-year undertaking under regulation 1.20, police certificates, and clarifying the Assurance of Support position for your subclass. In a dedicated consultation with Negin Safaei, Australian migration lawyer and MARA registered agent (1791573), your circumstances are reviewed and a step-by-step roadmap to lodgement is prepared in Persian — along with a precise list of the documents you should start gathering today.
Frequently asked questions
Does receiving Centrelink cause a partner visa sponsorship to be refused?
No. The Migration Regulations 1994 list the limitations on approval of partner sponsorship in regulations 1.20J, 1.20KA, 1.20KB, 1.20KC and 1.20KD, and those limitations relate to sponsorship history, registrable offences and criminal records — not to income or receipt of welfare benefits. There is no income test for a partner sponsor.
What undertaking does the sponsor sign, and for how long?
Under regulation 1.20, an approved sponsor must formally enter into the undertaking by completing the approved form and giving it to the Minister, and undertakes to assist the applicant, “to the extent necessary”, financially and in relation to accommodation for 2 years after the temporary/provisional visa is granted (regulation 1.20(2)(c) and (e)).
If I am on Centrelink, can I provide an Assurance of Support?
Usually not. According to the Department of Home Affairs’ Form 40 material, the sponsor need not be the assurer, and a person who has received the maximum rate of a Services Australia pension, benefit or allowance in the past year is generally not accepted as an assurer. In that situation, another eligible person can be used.
Is an Assurance of Support always required for a partner visa?
No. The Department of Home Affairs states that for some migration subclasses an AoS is mandatory and must be in place before the visa is granted, while for other subclasses it is a discretionary requirement and, in that case, no bond is required. The current AoS position for 820/801 and 309/100 should be checked against the Department of Home Affairs’ up-to-date guidance.
If the relationship is genuine, is the application certain to be approved?
The genuineness of the relationship is the heart of the case, but it is not the only criterion. Sponsorship can be refused or limited on the basis of previous sponsorship limitations (regulation 1.20J) or the provisions dealing with registrable offences and significant criminal records (1.20KB to 1.20KD); failure to provide police certificates and consent to the disclosure of convictions also leads to visa refusal, and a visa may still fail on health, character or Schedule 3 requirements.
Do I need to tell Services Australia that a partner visa has been lodged?
Yes — a change in relationship status must be reported to Services Australia, because the sponsor’s own payments may be reassessed on a “partnered” basis, and newly arrived resident waiting periods may affect the visa holder. The details are governed by social security law and should be confirmed directly with Services Australia.
This answer reflects the law and policy as verified on September 29, 2026. Immigration rules change frequently — confirm the current position before acting.
Mrs. Negin Safaee Registered Migration Agent 1791573
This article is general information only, current at the date shown, and is not legal advice. Do not rely on it for your own situation — immigration law and policy change frequently. Seek advice from a registered migration agent or immigration lawyer about your circumstances.