April 12, 2024

Sponsorship Limitation Partner Visa – Part I

partner visa sponsor requirements

by Nutchaya Chaweepat

Most people are familiar with the partner/fiancé(e) visas. In short, the partner/fiancé(e) visas are for a person who is in a partner/married/engaged relationship with an Australian citizen, an Australian Permanent Resident or an Eligible New Zealand Citizen, and are sponsored by their loved one to come to Australia and reunite with them in Australia permanently. However, it’s crucial to understand the sponsorship limitation partner visa rules, which dictate how often and under what conditions a person can sponsor their partner.

Sponsorship’s limitation

Generally, most people assume that only the visa applicants need to meet the requirements of a visa. However, when it comes to partner and prospective marriage visas, this is not the case. There are requirements that the sponsor needs to satisfy and in turn, there are limitations that apply to the number of sponsorships a sponsor can provide in their lifetime.

One of the limitations is that each sponsor can only have two sponsorships that have lead to the grant of a partner or prospective marriage visas to two different persons. In other words, each sponsor can only sponsor two partners in their lifetime, unless a waiver is obtained.

Another limitation is that each application sponsored by the same sponsor needs to be five years apart between the date of making the first visa application and the date a decision is made on the second visa application, unless they were for the same person, or a waiver was made available.

More interestingly, if the sponsor themselves were sponsored as a partner into Australia, they cannot sponsor another person as a partner/fiancé(e) unless five years have passed between the date when their initial application was made and the date the new application is decided. Once more, a waiver is possible depending.

Another one of the limitations is that if the sponsor was granted a partner visa before, the sponsor cannot sponsor another person on a partner or a prospective marriage visa unless 5 years has passed between the date that their first partner visa application was lodged and the date their new fiancé(e)’s or partner’s visa application.

How to count the sponsorships?

It does not always mean that every time the sponsor submits a sponsorship application that a sponsorship has been “used up”. Generally, a sponsorship is considered as used only when such sponsorship leads to the grant of the visa.

Additionally, multiple sponsorships for the same person, do not count as more than one sponsorship, even if it leads to multiple visas being granted.

Therefore, there are some circumstances where sponsorship is not counted against the limit, although a sponsorship application is lodged. The circumstances below are some examples: –

A sponsorship does not deem to be used in the following situations-

  • The sponsor submits a sponsorship application, and the applicant submits a visa application, but the visa application is subsequently refused or withdrawn. Where a visa application is refused, the sponsor still has not used their sponsorship.
  • A person who was initially granted a temporary/provisional partner visa/prospective marriage visa and the same person is subsequently granted a permanent partner visa (subclass 100 or 801). These are not deemed as multiple sponsorships.
  • The sponsor can sponsor the same person several times (assuming they were granted a visa, then later on the visa ceased for whatever reason, and later on re-sponsored them), such sponsor would have utilised only one sponsorship. 

What if I have sponsored someone less than 5 years ago and/or sponsored two partners?

Depending on the circumstances of the sponsor, their members of the family unit, and other factors, there may be a scope for waiving the sponsorship limitation (whether the limitation is the 5-year limitation, the two-sponsorships limitation, or both).

Such compelling circumstances must affect the interest of the sponsor or their dependents. The compelling circumstances that affect solely the applicant may not be relevant or have much weight.

These are some examples of the compelling circumstances:

  • The sponsor and the applicant have a dependent child together.
  • The death of the sponsor’s previous partner
  • The sponsor’s previous partner abandons the sponsor, and the sponsor needs their support to care for their child(ren).
  • The new relationship is longstanding relationship.

Are there any other limitations on sponsorships?

The short answer is “Yes”. The long answer would be covered in Part II of this article, so stay tuned.

How can we help?

At Longton Migration, we have professional immigration team of experienced immigration lawyers and migration agents to help you resolve your complex visa issues. We can discuss your case and explore the prospects of a successful waiver of the applicable sponsorship limitations as well as preparing the waiver submissions for you and advising you on the necessary evidence for a potentially successful waiver.

Contact us today to learn more about the sponsorship limitation of partner visa, and discuss with our immigration lawyers about your visa issues.

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