When Can a Spouse or De Facto Partner Sponsor a Carer Visa (Subclass 836) in 2026?
In 2026, a spouse or de facto partner can sponsor a Carer Visa (Subclass 836) applicant if they are the spouse or de facto partner of the relevant Australian relative, are at least 18 years of age, are a settled Australian citizen, a permanent resident or an eligible New Zealand citizen, usually reside in Australia, and live with that Australian relative. Home Affairs must approve the sponsorship, and it must still be effective when the application is decided. This reflects the Australian Department of Home Affairs’ official Carer visa (Subclass 836) page as of July 2026, read with regulations 836.213 and 836.227 of the Migration Regulations 1994.
These are eligibility requirements rather than a prediction of success. This article provides general information, not personalised legal advice, and an individual case should be checked against the current law and available evidence.
Must the person needing care be the partner sponsor?
No. Regulation 836.213 allows the sponsor to be either the Australian relative or that relative’s spouse or de facto partner. The person receiving care does not have to be the sponsor.
The applicant must still be the person who qualifies as the carer. The partner sponsor’s relationship to the Australian relative is assessed separately from the applicant’s relationship to the person receiving care.
Who can the applicant care for?
The applicant must be willing and able to provide ongoing substantial care and continuing support or assistance to either:
- the Australian relative who needs care; or
- a member of that relative’s family who lives with them, needs care, and has no reasonable access to care in Australia.
The applicant should fully understand the relevant medical condition and what care and assistance are required. Being the Australian relative’s spouse or de facto partner does not automatically make the applicant a carer; the care requirements must be met independently.
What status and residence conditions must the partner sponsor meet?
A spouse or de facto partner sponsor must satisfy all of the following conditions:
- be at least 18 years of age;
- be a settled Australian citizen, a permanent resident or an eligible New Zealand citizen;
- usually reside in Australia; and
- live with the relevant Australian relative.
These are separate legal tests. “Settled”, “usually resident” and “lives with” do not mean the same thing, and sharing an address does not replace the required citizenship, residence or relationship status. The Home Affairs eligibility page does not state a blanket two-year period that automatically satisfies all of these requirements.
Does marriage remove the requirement to live together?
No. The requirement to live with the Australian relative applies to both spouse and de facto partner sponsors.
A marriage certificate can help establish the marital relationship, but it does not by itself establish current cohabitation. A de facto partner must have a qualifying de facto relationship as well as the required living arrangement. The evidence should address both the legal relationship and where the people currently live.
Can this visa be used to bring an applicant from overseas?
No. The applicant must be in Australia both when the application is lodged and when Home Affairs decides it. Subclass 836 is therefore not a route for an applicant living overseas to enter Australia and wait for a sponsorship or visa outcome.
The partner sponsor must also usually reside in Australia and live with the relevant Australian relative. If the visa is granted, it allows the holder to remain in Australia indefinitely.
What must the partner sponsor do for the application?
The central sponsorship requirement is that the partner must be eligible, the sponsorship must be approved by Home Affairs, and that approval must remain effective when the decision is made.
A relationship by itself is not enough: Home Affairs must approve the sponsorship and, under regulation 836.227, the approved sponsorship must remain effective when the application is decided. The sponsor’s status, relationship and living arrangement must support the sponsorship being assessed.
The partner sponsor also does not replace the applicant as the person assessed against the carer criteria. The applicant must independently satisfy the care, visa, health, character and other applicable requirements.
What other requirements must the applicant meet?
Sponsorship is only one part of the application. The applicant must also:
- hold a substantive visa other than Subclass 771, or have previously held a substantive visa and apply within the period allowed by the regulations;
- provide ongoing substantial care and continuing support or assistance;
- meet the health requirement;
- meet the character requirement if aged 16 or over;
- repay any debt owed to the Australian Government or have a formal arrangement to repay it;
- sign the Australian Values Statement if aged 18 or over; and
- satisfy the best-interests requirement for any applicant under 18.
Home Affairs will also consider the applicant’s immigration history. A previous visa cancellation or refusal may affect eligibility, even where the other requirements are met.
What evidence should support the partner sponsorship?
The evidence must be capable of addressing each eligibility element, including:
- the partner sponsor’s relationship with the Australian relative;
- current cohabitation with that relative;
- the sponsor’s Australian citizenship, permanent residence or eligible New Zealand citizenship;
- the sponsor’s settled status and usual residence in Australia;
- the applicant’s relationship to the person requiring care;
- the care required, the applicant’s willingness and ability to provide it, and any required assessment;
- the applicant’s substantive visa history; and
- the sponsorship itself and its approval.
For a spouse, a marriage certificate may establish the relationship but will not necessarily establish present cohabitation. For a de facto partner, the relationship and shared living arrangement both need to be supported. Any document examples are not an exhaustive checklist; the current Home Affairs forms and instructions govern the evidence required for the particular application.
Does an approved sponsorship guarantee the visa?
No. Home Affairs must assess the entire application, including the applicant’s substantive visa status, care circumstances, health, character and other applicable requirements. An approved sponsor establishes one necessary part of the route; it does not create an automatic right for the applicant to receive the visa.
Frequently Asked Questions
Can a spouse sponsor a parent who is caring for the spouse’s Australian partner?
Yes. In that arrangement, the Australian relative’s spouse or de facto partner may be the sponsor, while their parent is the applicant providing care. The applicant must independently meet the carer and visa criteria, and the sponsor must meet the status, residence and cohabitation conditions.
Must the person receiving care be the applicant’s spouse or de facto partner?
No. The care can be provided to the Australian relative or to a family member who lives with them, needs care, and has no reasonable access to care in Australia. The applicant is the carer, while the sponsor is the Australian relative or their spouse or de facto partner.
Does a married sponsor have to live with the Australian relative?
Yes. The live-with requirement applies to both spouse and de facto partner sponsors. A marriage certificate does not by itself prove current cohabitation.
Can an overseas spouse or de facto partner sponsor from outside Australia?
No. The partner sponsor must usually reside in Australia and live with the relevant Australian relative. The applicant must also be in Australia when applying and when Home Affairs decides the application.
Is being settled in Australia the same as usually residing there?
No. They are separate statutory conditions, and living with the Australian relative is a further requirement. The Home Affairs eligibility page does not state a blanket two-year period that replaces all of these tests.
What care must the applicant be willing and able to provide?
The applicant must be willing and able to provide ongoing substantial care, together with continuing support or assistance. If the recipient is a family member of the Australian relative, that person must live with the relative and have no reasonable access to care in Australia.
What if the sponsor and Australian relative stop living together before a decision?
The live-with condition must be satisfied when eligibility is assessed, and the approved sponsorship must still be effective for the decision. A pending application does not guarantee that a changed household arrangement will be overlooked.
Does Home Affairs approval of the sponsorship guarantee the visa?
No. Sponsorship is only one criterion. The applicant must also satisfy the substantive visa, carer, health, character, debt and other applicable requirements.
References
Australian Department of Home Affairs — Carer visa (Subclass 836)
Australian Government — Migration Regulations 1994: Subclass 836 provisions