Partner Visa Sponsorship Limitations

Sponsorship Limitation Explained

Maximum of two sponsorship in their lifetime

A sponsor can only be approved for a maximum of two sponsorships in their lifetime.

Previously sponsored a partner

If you have previously sponsored a partner, you must wait 5 years before you can sponsor another partner. The five years applies from the date the initial visa application was lodged, however, if the visa was not granted, the limitation does not apply.

If you were granted permanent residency via a partner visa pathway

If you were granted permanent residency in Australia through a partner visa pathway, you cannot be approved to sponsor a partner for at least five years from the date your own initial partner visa application was lodged.

Registrable Offences

Character is another significant assessment that is undertaken by the Department when assessing a sponsorship application for a partner visa. If the sponsor has a conviction or outstanding charge for a registrable offence the sponsorship will generally be refused unless you can provide evidence of compelling circumstances.

What are registrable offences?

Registrable offences are considered serious offences by the Australian government and include any form of criminal history that may pose significant risk to a child.

In summary a registrable offence relates to an offence that primarily comprise of:

• Sexual of physical assault of a child; or
• Child pornography and
• Child prostitution.

Sponsorship Limitation Waivers

In certain circumstances, migration law allows for a waiver of sponsorship limitations depending on the particular circumstances.

A summary of the waivers available are as follows:

• If the applicant and their sponsor have a dependent child is dependent on each of them;
• The previous spouse has abandoned the sponsor and there are children dependent on the sponsor requiring care and support;
• The death of the previous partner; and
• Evidence of a new long-standing relationship

If your limitation is based on being convicted of a registrable offence, waivers can be considered in the following circumstances:

• The sponsor completed the sentence imposed for the registrable offence (including any period of release under recognisance, parole or licence) and more than five years before the date of the sponsorship application was lodged has passed; and
• The sponsor has not been charged with a registrable offence since completion of that sentence, or if the sponsor has been charged with a registrable offence since the completion of that sentence, the charge has been withdrawn, dismissed, or otherwise disposed of without the recording of a conviction, or
• There are compelling circumstances affecting the sponsor and the visa applicant that should be taken into consideration.