Can I Sponsor a Partner After Getting PR through a Previous Partner Visa?
If you’ve recently been granted permanent residency (PR) in Australia through a Partner visa (Subclass 820/801 or 309/100) but have since separated from your sponsor, you may wonder whether you can sponsor a new partner.
Sponsorship Limit
Under Regulation 1.20J of the Migration Regulations 1994, an individual may sponsor a maximum of two applicants for a Partner or Prospective Marriage (Subclass 300) visa in their lifetime.
This limit applies regardless of whether the sponsorship was successful or whether the relationship later ended. It includes any past sponsorships that resulted in a visa grant, whether temporary or permanent.
The 5-Year Limitation
In addition to the lifetime cap, the sponsorship limitation also imposes a five-year restriction. Generally, a person cannot sponsor a new partner if less than five years have passed since they were sponsored for a Partner visa themselves. This measure aims to prevent serial sponsorship and protect the integrity of the partner visa program.
Are There Any Exceptions?
Yes. In compelling circumstances, a waiver of the sponsorship limitations, including the lifetime cap and the five-year rule, may be granted.
The Department of Home Affairs’ policy highlights situations that may qualify as compelling, such as:
The previous partner abandoned the sponsor.
The previous relationship ended due to family violence.
The new relationship is longstanding and genuine.
These examples are not exhaustive. A decision to grant a waiver is based on the sponsor's overall circumstances and the relationship. We suggest that you speak with an Accredited Specialist in Immigration Law for professional guidance.
What Factors Are Considered for Sponsorship Limitation?
When assessing whether compelling circumstances exist, the Department may take into account:
The hardship or detriment the sponsor would face if the sponsorship were not approved;
The sponsor’s ties to Australia and the impact of potentially needing to leave the country to maintain the relationship.
Related:
If Your Partner Passed Away, What Happens to Your Pending Partner Visa Application?
Sponsors with Criminal Conviction | Can My Partner Sponsor My Partner Visa?
How Can Agape Henry Crux Assist
While Australia’s partner visa sponsorship framework includes a lifetime limit and a five-year restriction to preserve program integrity, exceptions are possible. At AHC Lawyers, our experienced lawyers can assist with complex cases with careful planning and strategising to ensure the best results. We highly suggest that you speak with one of our Accredited Specialists in Immigration Law for tailored advice. They specialise in handling highly complex matters. You can schedule an appointment to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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