What are Sponsorship Limitations for Partner Visas?
For family category visas, a sponsorship application is required from an Australian citizen, permanent resident (PR), or eligible New Zealand citizen to support their loved one(s) to migrate to Australia. However, sponsors must meet various sponsorship requirements, and failure to do so can jeopardise the related visa application.
What do you need to be aware of when becoming a sponsor?
Overseas nationals planning to migrate to Australia to join their partner or their sponsor have to keep in mind whether the sponsor has previously sponsored someone or obtained permanent residency (PR) through a Partner visa.
If this is the case, it's crucial to identify if the sponsor may be subjected to sponsorship limitations and whether any exceptions can be applied.
Which Visas Do These Limitations Apply To?
The sponsorship limitations apply to the following visas:
How Do The Sponsorship Limitations Arise for Partner Visas?
Below is a summary of the limitations on multiple sponsorships outlined in Regulation 1.20J of the Migration Regulations 1994:
A person can be approved for only two (2) sponsorships in their lifetime.
If a person has sponsored a former partner, the new sponsorship cannot be approved until five (5) years have passed from the time the former partner’s visa application was submitted.
An individual who obtains PR through a Partner visa cannot become an approved sponsor until five (5) years have passed since the lodgement of their visa application.
Additionally, there are other types of sponsorship limitations, such as if your partner sponsoring you has a criminal record. Our Accredited Specialist in Immigration Law can assist you with this complex matter.
Are there any examples of Sponsorship Limitations?
Here are some situations that may trigger sponsorship limitations:
The former partner’s visa was granted, but they did not travel to Australia.
The former partner’s visa was granted and subsequently cancelled.
The sponsor’s permanent Partner visa was approved on family violence grounds.
The sponsor’s permanent Partner visa was approved due to the death of their sponsor.
Can Sponsorship Limitations Be Waived?
Yes, even if the sponsor is affected by a limitation, the sponsor may request a waiver from the Minister. If the Minister is satisfied that compelling circumstances affect the sponsor, then the sponsorship limitation is waived.
What Constitutes Compelling Circumstances?
The term "compelling" is not explicitly defined in migration law. All the claims are assessed on a case-by-case basis. As far as known in most cases, the threshold for compelling circumstances is high.
What situation may constitute a Compelling Circumstance?
Here are some examples under policy that may be considered compelling circumstances include:
The visa applicant and sponsor have a dependent child who relies on both parents.
The ex-partner has passed away.
The previous partner abandoned the sponsor, and some dependent children require care and support.
The new relationship is longstanding.
Please note that the above examples are not exhaustive. Other considerations may include:
The hardship the sponsor would experience if the sponsorship is not approved.
The extent and importance of the sponsor’s ties to Australia and the hardship caused if the sponsorship is denied could potentially force the sponsor to leave Australia to maintain their relationship.
How can Agape Henry Crux Help?
Suppose you are planning to apply for a Prospective Marriage (SC300) Visa/ Partner Visa (SC820/801) or (SC309/100) and have concerns about sponsorship limitations. In that case, it is vital to understand and assess the risk before applying. At Agape Henry Crux can assist with your visa matter. Our Accredited Specialists in Immigration Law are specialised in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.
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