Partner Visas Limitations – Understanding your sponsorship limitations and the 5-year requirement

If you plan to lodge a partner or prospective marriage visa, you need to consider a few factors before commencing your plan to lodge your partner visa onshore or offshore. It is very important to note that you can only sponsor 2 approved spouses, fiancés or de facto partners. As you can only sponsor 2 approved spouses in your lifetime, you cannot sponsor under the partner visa program until at least 5 years have passed since you have submitted your first visa application. Sponsors who previously were approved partner visa applicants in the past cannot sponsor their new spouse until 5 years have passed since their own visa application was made. Waivers for such restrictions can be made under certain circumstances.

Does my previous sponsorship count?

Understandably, applicants and sponsors alike are concerned about their position in the future where we are often asked this question. Here is some additional information you need to know:

• All sponsors are only allowed two (2) approved sponsorships in their lifetime.
• A sponsorship is connected to the two-stage process, whether it’s the application for a Subclass 820/801 or Subclass 309/100.
• Your previous application was refused.
• You were granted a Prospective Marriage Visa (subclass 300) but did not marry your partner.

Can the limitations be waived?

Like the Schedule 3 waiver, consideration is given under compelling and compassionate circumstances. There may include but are not limited to:

• The applicant and their sponsor have a dependent child.
• Death of previous partner
• Financial implications for dependants, including children from a previous relationship
• A long-term relationship

When assessing compelling and compassion grounds, the department will consider the detriment or the nature of the hardship that the sponsor may experience should the application not be approved, as well as the strong ties that the sponsor has with Australia where the sponsor feels compelled to leave Australia would be the only solution to maintain the relationship. It is important that applicants and their sponsor understand that compelling and compassionate grounds should be considered case by case. Presenting a tailored legal submission is imperative to ensure your circumstances are delivered efficiently and precisely. We highly recommend booking a consultation with an expereince registered migration agent to understand the full scope of these requirements.

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Contact

Phone: +61 8 9329 6890 Address: Level 3, 12 St Georges Terrace, Perth WA 6000 Address: Level 3, 650 George St Sydney NSW 2000 Australia Email: [email protected]