If you’ve previously sponsored a partner for an Australian visa, you may face restrictions on sponsoring a new partner in the future. These are known as partner visa sponsorship limitations, and they’re an important consideration for anyone who has been through a relationship breakdown and wants to sponsor a new partner.
What Are the Sponsorship Limitations?
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Under the Migration Regulations, there are limits on how many times a person can sponsor a partner for an Australian visa. The key rules are:
- You can generally only sponsor two partners in a lifetime for a partner visa
- There must be a minimum of 5 years between each sponsorship
- These limitations apply to sponsorships that resulted in the grant of a partner visa (or the equivalent under previous legislation)
These rules are set out in Regulation 1.20J of the Migration Regulations 1994 and are designed to prevent misuse of the partner visa program.
Do Older Sponsorships Count?
This is where it can get complicated. The sponsorship limitation rules only apply to sponsorships that gave rise to a “relevant permission” — and the definition of “relevant permission” depends on when the previous sponsorship occurred:
- For applications made from 1 November 1996 to 30 June 1997: a “relevant permission” means a visa
- For applications made on or after 1 July 1997: a “relevant permission” includes permission to remain indefinitely in Australia, a visa, or an entry permit
This means that sponsorships that occurred before 1 November 1996 may not count towards the limitation, depending on the specific circumstances. However, sponsorships after this date will generally be counted.
Can the Limitation Be Waived?
In some cases, the Minister may waive the sponsorship limitation if there are compelling circumstances that affect the interests of an Australian citizen, permanent resident, or eligible New Zealand citizen. This is a discretionary power and is assessed on a case-by-case basis.
Examples of compelling circumstances might include situations where there are children of the relationship, or where the sponsor has experienced domestic violence in previous relationships.
What If You’ve Been Sponsored (Not the Sponsor)?
If you were granted a partner visa after being sponsored, regulation 1.20J(1)(c) generally prevents approval of your sponsorship of a new partner until at least five years have passed since you applied for that visa. This restriction can apply even if you have never sponsored anyone. Any previous sponsorships must also be checked against the separate number and timing limits. Under regulation 1.20J(2), the Minister may approve sponsorship despite these limits if satisfied that there are compelling circumstances affecting the sponsor. Other sponsorship eligibility requirements still apply.
Planning to Sponsor a New Partner?
If you’ve sponsored a partner before and are now in a new relationship, it’s essential to check whether the sponsorship limitations apply to your situation before lodging a new application. We can help you assess your eligibility and explore your options.
If you are considering an application in Australia, our onshore partner visa service includes reviewing the relationship, sponsor history and supporting evidence.
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Disclaimer: This blog post provides general information only and is current at the time of publishing. It is not intended as legal or migration advice specific to your situation. For personalised advice, please book a consultation with one of our registered migration agents.
Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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