Partner Visa Sponsorship Limitations Explained
Australia’s partner visa system operates under strict sponsorship limitations designed to maintain the integrity of the partner visa program whilst preventing potential misuse. These restrictions consist of maximum sponsorship limits, mandatory waiting periods, and ongoing obligations that may sometimes impact couples navigating the Australian partner visa process.
Key sponsorship limitations and restrictions
The two main limitations that apply for partner visa sponsorships are the amount of time that has passed since you last sponsored a partner or were granted a partner visa yourself and the maximum amount of 2 sponsorships you can make in a lifetime.
The two-sponsorship lifetime limit
You can only sponsor two partners in your entire life across all visa types (spouse, fiancé, etc.). This applies even if:
- Previous relationships/sponsorships ended through divorce or separation
- Earlier sponsorships didn’t lead to permanent residency, or they never arrived in Australia
Example: If you sponsored a spouse on a SC820/801 visa in 2010 and a fiancé via a Prospective Marriage SC300 visa in 2020, you couldn’t sponsor a new partner in 2025 – even if both prior relationships failed unless you are granted a waiver of the sponsorship limitations (more on this below).
The five-year sponsorship restriction
After sponsoring someone (or being sponsored yourself), you must wait five years before being eligible to sponsor a partner to Australia. This clock starts ticking from the date of the first visa application – not when the relationship began or ended.
When does the limitation start and in what circumstances does it apply?
The restriction period commences from the date of the initial visa application, not from the relationship commencement or visa grant date.
Importantly, the limitation only applies if the initial visa is granted – regardless or not if it proceeded through to permanent residency.
Below are some examples:
| Example | Does the 5 year limitation apply? | When from? |
| You applied for and were granted a partner visa in the last 5 years | Yes | The date you applied for your first partner visa |
| You sponsored your partner; however the relationship broke down and the initial visa was never granted | No | – |
| You sponsored your partner, the initial first was granted, but the permanent stage was not | Yes | The date your partner applied for their first partner visa |
| You sponsored your partner; the visa was granted but they never came to Australia on their visa | Yes | The date your partner applied for their first partner visa |
Which visa subclasses does this limitation apply to?
The five-year sponsorship restriction applies comprehensively across all partner visa categories including:
- Offshore Partner (subclasses 309 & 100) Visa
- Onshore Partner (subclasses 820 & 801) Visa
- Prospective Marriage (subclass 300) Visa
The limitation applies equally both to sponsors and visa applicants. This means that individuals who have been sponsored under a particular partner visa category are also subject to the five-year waiting period before they are eligible to sponsor new partners.
What options does a sponsor have if they are impacted by a sponsorship limitation?
Australia’s partner visa sponsorship laws give the Department of Home Affairs discretionary powers to waive sponsorship limitations in circumstances that strict application of sponsorship limitations could create undue hardship in genuine cases whilst ensuring safeguards against abuse of the migration system.
Australian migration law allows the Department of Home Affairs to approve a sponsorship that would otherwise fail to meet the sponsorship limitations if they are satisfied that there are ‘compelling circumstances’ affecting the sponsor.
What circumstances are considered compelling is very broad, however Departmental policy lists the following examples that affect the interests of the sponsor and may justify a waiver of this restriction:
- the visa applicant and their sponsor have a dependent child who is dependent on each of them or
- the death of the previous partner or
- the previous spouse abandoning the sponsor and there are children dependent on the sponsor requiring care and support or
- the new relationship is longstanding.
Despite the above examples, the Departments policy list is not exhaustive, and decision makers at the Department of Home Affairs are expected to take a fair and reasonable approach when assessing waiver requests.
Importantly, every aspect of the sponsors circumstances is relevant to the assessment of compelling circumstances and certain aspects that policy considers particularly important to consider are:
- the extent and importance of the ties the sponsor has to Australia, and the consequent hardship/detriment that would be suffered if the sponsorship were not approved and the sponsor were to feel compelled to leave Australia to maintain their relationship with the applicant.
- the nature of the hardship/detriment that would be suffered (by the sponsor) if the sponsorship were not approved.
If you need further advice or assistance in relation to the sponsorship limitations
Sponsorship limitations can be very complex and requesting a waiver for a sponsorship limitation difficult. The leading immigration lawyers at Ethos Migration Lawyers have vast experience representing clients with partner visas and associated sponsorship limitations.
If you would like to speak with an immigration lawyer regarding your partner visa application, please schedule a consultation directly with us, contact us online or call our office on 1300 083 843