Guidance on Australian Partner Visa Sponsorship Limitation & FAQs
If you are an Australian citizen, Australian permanent resident or eligible New Zealand citizen and are in a relationship with a non-Australian citizen or resident, you have the wonderful opportunity to sponsor them for an Australian Partner Visa. This visa allows your partner to live in Australia with you indefinitely, opening the door to a new and exciting life together. Before embarking on the Australian Partner Visa application journey, equip yourself with comprehensive information on the sponsorship process, including its limitations, to ensure a smooth and successful application.
Rest assured, you’re not alone in this process. ONEderland Consulting is here to provide you with comprehensive guidelines on Australian Partner Visa sponsorship limitations and all the FAQs you need to know. With our support, you can navigate the visa application process with confidence.
Australian Partner Visa Sponsorship Limitation Explained
Some limitations apply to Australian Partner Visa sponsorship, these being:
Maximum sponsoring 2 partners in a lifetime
You can only sponsor 2 partners in lifetime. It is being said that there should be a 5 years gap between each Australian Partner Visa sponsorship.
Limitation if you sponsored someone before for an Australian Partner Visa
If you have sponsored your ex-partner for an Australian Partner Visa before, you must wait for 5 years to sponsor your new partner. This limitation does not apply if the previous Australian Partner Visa application was not granted.
Limitation if you were granted and sponsored an Australian Partner Visa
Suppose you were sponsored and granted an Australian Partner Visa. In that case, you can only sponsor your partner 5 years counted from the date of your initial Australian Partner Visa application lodgement date.
Read more: Moving to Australia with Partner – Visa Options and Details
Australian Partner Visa Sponsorship Limitation Due To Registrable Offence(s)
When it comes to assessing your Australian Partner Visa sponsorship, character background is no less important. The Department of Home Affairs (DHA) will evaluate whether you have a registrable offence(s) history. If you are, the DHA will most likely refuse your Australian Partner Visa sponsorship, unless you have compelling and compassionate circumstances.
What is registrable offence(s)?
Registrable offence(s) are those significant criminal records that may impose a significant risk to the child. The DHA will not approve your Australian Partner Visa sponsorship if you have been sentenced to:
- Death or imprisonment for life
- A term of imprisonment of 12 months or more, or
- Two or more terms of imprisonment, where the total of those terms is 12 months or more.
And that the sentence was related to:
- Violence, including murder, assault, sexual assault r the threat of violence
- Harassment, molestation, intimidation or stalking
- The breach of an apprehended violence or similar order
- Firearms or other dangerous weapons
- People smuggling
- Human trafficking, slavery or slavery-like practices (including forced marriage), kidnapping or unlawful confinement
- Attempting to commit any of these offences
- Aiding, abetting, counselling or procuring such offences.
You can get detailed information on character requirements for Australian Partner Visa sponsorship here
Sponsorship Limitation Waiver
The DHA may waive the Australian Partner Visa sponsorship limitation in very limited circumstances. Following are some examples where Partner Visa Sponsorship limitation waiver may apply:
- When you and your partner have a dependent child who depends on both of you;
- Your ex-partner has bonded you with a child who relies on you for care and assistance;
- Your ex-partner passed away;
- You have evidence of new, long-term relationship with your current partner.
But if you need waiver on Partner Visa limitation due to your criminal history, the waiver may be possible in following circumstances:
- You have completed the sentence, including any period of release under recognisance, parole, or licence, and more than 5 years had passed before the sponsorship application was submitted; and
- You have not been charged with significant offence since the completion of that sentence, or if the charge was withdrawn, dismissed, or otherwise disposed of without the recording of a conviction, or
- Compelling circumstances affecting both you and your partner should be considered.
Read more: Tips for Sponsorship Partner Visa Australia with Criminal Record
Australian Partner Visa Sponsorship FAQ
1. Am I eligible to be a sponsor?
To be an eligible sponsor you must be an Australian citizen, Australian permanent resident or an eligible New Zealand citizen. You must also be 18 years of age or older.
2. What happens if my partner and I break up?
In the event of a breakdown in the relationship between the applicant and sponsor, it is your responsibility to inform the Department. The applicant will typically have 28 days to provide additional information as to why the visa should still be granted. This could be due to the death of your partner, family violence, or shared custody of a child, among other reasons.
But as the sponsor, if you would like to cancel the Australian partner visa sponsorship, you must write a letter to the Department stating that you don’t want to continue the sponsorship and would like to withdraw the application.
3. I am still married to my ex-partner, but we have been separated for a long time, can I sponsor my new partner?
No, you cannot. You (sponsor) and your new partner (applicant) must not be married to another person when applying for an Australian Prospective Marriage or Partner visa.
In the case where you or your partner are still going through divorce proceedings at the time of application, court documents that state the divorce proceeding is ongoing must be provided.
Should you apply for the visa and fail to provide these documents, the Department will consider the application invalid, and the visa will not be granted.
4. I’m holding a temporary visa. Am I eligible to sponsor my partner with an Australian Partner Visa?
No, you’re not. Only permanent residents, Australian citizens, and eligible New Zealand citizens are able to sponsor their partner using the Australian Partner Visa.
If you hold a temporary visa, consider sponsoring your partner on another type of visa, like a Subsequent Entrant Visa.
5. My partner has a child from their previous marriage, can I sponsor both of them or only my partner?
You can submit an Australian Partner Visa sponsorship for both your partner and your partner’s child as long as that child is dependent on the applicant.
A dependent child must be your partner’s child or a stepchild from a current or previous relationship. The child must be under 18 years of age and wholly or substantially reliant on your partner for their basic needs, such as food, clothing and shelter.
6. I don’t live in Australia, but I’m an Australian citizen, can I sponsor my partner?
You must be living or intend to live in Australia with your partner when applying for an Australian Partner visa.
You cannot sponsor your partner if you will not be with them in Australia.
You must have a permanent address in Australia and you must be able to show that you and your partner will be living together.
7. We have children together, but they were born overseas. Do I need to sponsor the children, too, on an Australian Partner Visa?
We would suggest applying for Australian citizenship by descent for your children, considering one of their parents is an Australian citizen. Once granted, you can apply for an Australian passport for them so they can travel to Australia as the citizen of the country.
8. Can I sponsor my partner if they are the same sex?
Yes, you can. Same-sex couples now have the same rights as any other couples when it comes to Australian Visa applications, following the legislation of same-sex marriages on the 9th of December 2017 in Australia.
You need to remember that when the Department is assessing your Australian Partner visa sponsorship application, they are looking at whether you can support and keep your partner safe in Australia.
You must seek the professional advice of a registered migration agent if you’re in any situations that may jeopardise your Australian Partner Visa sponsorship. This will ensure you can provide enough evidence to support your genuine intention to have your partner live a happy and comfortable life in Australia, empowering you to make the best decisions for your situation.
Do You Still Have Any Questions? ONE derland Consulting Can Help!
Submitting an Australian Partner Visa sponsorship is undoubtedly very complex, especially if you have some sponsorship limitation in your situation. But our visa specialists at ONE derland Consulting will help you assess your visa options. We have a 98% success rate and one of the most highly recommended migration agents in Australia. Read our 4.9* score customer reviews.
We are complex visa specialists. As registered Australian migration agents with the Migration Agents Registration Authority (MARA), we are regulated in our professional practice and bound by the profession’s Code of Conduct issued by the MARA.
Take the first step and contact us. Our professional and honest migration agents speak various languages, such as Mandarin/ Chinese, Bahasa Indonesian, Arabic, Japanese, and Thai. Contact us through email at [email protected] or via phone at 1300 827 159. Alternatively, you may book your consultation online, which is 100% refundable if you become our client.
