Partner Visa Sponsor Granted PR on Family Violence Grounds

A partner visa sponsor family violence PR case arises when a person who came to Australia on a partner or fiance visa, and was granted permanent residence under the family violence provisions after the relationship ended, now wants to sponsor a new partner. The partner visa sponsor family violence PR holder is usually surprised to learn that the law still treats them as a person who was sponsored, and that a 5 year waiting period applies to them.

This guide is written for the Australian sponsor. It explains why regulation 1.20J(1)(c) of the Migration Regulations 1994 applies, how the 5 years are counted, why the family violence grant does not use up one of the two lifetime sponsorships, and how the compelling circumstances waiver in regulation 1.20J(2) can be argued for a survivor of family violence. It also covers evidence, timing of the new relationship, safety and confidentiality, and review rights. The commercial page on partner visa sponsorship limitations explains the wider rules this problem sits within.

The core point is simple. A partner visa sponsor family violence PR holder did nothing wrong. The law does not punish survivors. But regulation 1.20J(1)(c) is written in neutral terms. It looks only at whether the sponsor was sponsored as a partner or fiance, and when that application was made. It does not ask why the first relationship ended. For a broad overview of every partner pathway, the complete guide to partner visas in Australia sets out each subclass and stage.

What is a partner visa sponsor family violence PR situation?

A partner visa sponsor family violence PR situation is one where the Australian sponsor holds permanent residence, or later citizenship, that was granted under the family violence provisions of a partner visa, and that person now wants to sponsor a new spouse, de facto partner or fiance.

The sponsor's own history usually follows one of these paths:

• Onshore. The sponsor applied in Australia for a Subclass 820 and Subclass 801 visa, sponsored by a former partner. The relationship ended because of family violence by that former partner, and the sponsor was granted the permanent Subclass 801 visa under subclause 801.221(6), or the temporary Subclass 820 visa under subclause 820.221(3) and then the Subclass 801 under subclause 801.221(4).
• Offshore. The sponsor applied outside Australia for a Subclass 309 and Subclass 100 visa, entered Australia, and was granted the permanent Subclass 100 visa under subclause 100.221(4) or 100.221(4C) after the relationship ceased and family violence had occurred.
• Fiance. The sponsor first came on a Subclass 300 Prospective Marriage visa and later moved to the onshore partner pathway.

Some survivors were granted the permanent visa only after the Department's decision was reviewed. The Tribunal has remitted family violence matters brought by visa applicants, for example Ma (Migration) [2025] ARTA 148, a Subclass 820 matter whose recorded issues were that the relationship ceased and the applicant was a victim of family violence. For a partner visa sponsor family violence PR holder, the route to the grant does not change the analysis. What matters is that the person applied as a sponsored partner.

In each case, the person was sponsored. The Subclass 820 visa page and the Subclass 309 visa page explain those pathways in more detail. The two-stage partner visa process explains why one application leads to two grants.

A partner visa sponsor family violence PR holder can be any gender, in any type of relationship, and from any country. What links these cases is the legal history, not the personal story. The basic eligibility rules for every sponsor still apply as well, and the guide to partner visa sponsor eligibility and the FAQ on who can sponsor a partner visa explain them. The guide to partner visa sponsor requirements lists every requirement a sponsor must meet.

Does regulation 1.20J apply to a sponsor who got PR on family violence grounds?

Yes. Regulation 1.20J(1)(c) applies to a person who was themselves sponsored as a spouse, de facto partner or fiance, and it applies whether the permanent visa was granted on the ordinary relationship ground or under the family violence provisions.

The Department's Procedural Instruction on regulation 1.20J summarises the three limits this way:

• Regulation 1.20J(1)(a). A person may enter into at most 2 approved partner or fiance sponsorships in their lifetime.
• Regulation 1.20J(1)(b). A person who has sponsored a partner or fiance cannot have another sponsorship approved until at least 5 years after the earlier visa application was made.
• Regulation 1.20J(1)(c). A person who was themselves sponsored as a partner or fiance cannot sponsor a partner until at least 5 years after their own visa application was made.

A partner visa sponsor family violence PR holder falls inside regulation 1.20J(1)(c). The family violence provisions changed the ground on which the permanent visa was granted. They did not change the fact that the person applied as a sponsored partner. The hub post on when a sponsor cannot sponsor a partner visa sets out all three limits together, and the FAQ on whether a person who was sponsored can now sponsor a partner gives a short answer.

Why the family violence grant still counts as being sponsored

The family violence grant still counts because the permanent visa was granted as part of the same partner visa application that the former partner sponsored. There was no new, separate application.

The Department's instruction makes the same point from the other side. It says that a sponsorship where the applicant was granted a permanent visa on family violence grounds counts against the sponsor, because the permanent visa was granted as a result of the original sponsorship for the temporary visa. The same logic places the person who received that visa inside regulation 1.20J(1)(c). They were the sponsored person in that application.

This is the point many people get wrong. A common belief is that a family violence grant "cancels" the sponsorship, or that because the former partner was abusive the sponsorship should be disregarded. Neither is correct. A partner visa sponsor family violence PR case is assessed against the same words in regulation 1.20J(1)(c) as any other sponsored person. The fairness of the result is dealt with through the waiver in regulation 1.20J(2), not by reading the limit out of the regulation.

Citizenship does not change the answer

Becoming an Australian citizen does not remove the regulation 1.20J(1)(c) limit. The limit looks at the sponsor's history of being sponsored, not at the sponsor's current status.

Many survivors become citizens after the permanent visa is granted. The guide for a partner visa sponsor who recently became a citizen explains the status rules, and the guide on a partner visa sponsor who is a permanent resident explains the residence rules. Neither status resets the 5 year clock. A partner visa sponsor family violence PR holder who is now a citizen is still a person who was sponsored.

How did the family violence provisions lead to the sponsor's permanent residence?

The family violence provisions allow a partner visa applicant to be granted the permanent visa even though the relationship with the sponsoring partner has ended, if the applicant, or a member of the family unit, suffered family violence committed by the sponsoring partner while the relationship existed.

Understanding this history matters because the Department will read the sponsor's earlier file when it assesses the new sponsorship. The main features are:

• The relationship must have been genuine until it ended. The applicant had to show that the relationship was a genuine spousal or de facto relationship until it ceased. The family violence provisions do not help a person whose relationship was never genuine.
• The violence must have occurred while the relationship existed. Department policy says the decision maker must be satisfied that the family violence, or part of it, occurred while the married or de facto relationship existed.
• No cause and effect link is needed. Policy confirms there is no requirement that the family violence caused the relationship to end.
• Judicially determined claims. Under Division 1.5 of the Regulations, a court injunction under the Family Law Act, a state or territory court order, or a conviction or finding of guilt against the former partner in respect of the applicant is accepted as evidence of family violence.
• Non-judicially determined claims. Where there is no court document, the applicant provides prescribed evidence, and if the decision maker is not satisfied, the claim is referred to an independent expert whose opinion the Department must then follow.

The guide to partner visa family violence options explains these pathways from the applicant's side. The guide to partner visa family violence evidence and the FAQ on whether a police report or court order is needed explain the evidence rules. The FAQ on whether emotional, financial or psychological abuse can count as family violence explains that family violence is not limited to physical harm.

For a partner visa sponsor family violence PR holder, the key consequence is this. The Department already holds a record that the sponsor's earlier relationship was accepted as genuine and that the sponsor experienced family violence. That record is not a weakness. Used carefully, it can support both the waiver request and the credibility of the new relationship.

When does the 5 year period start and end for a partner visa sponsor family violence PR holder?

The 5 year period starts on the date the sponsor's own partner or fiance visa application was made, and it ends on the date the Department decides whether to approve the new sponsorship.

The Department's instruction states that, where the sponsor has been sponsored, the 5 year period is calculated from the date the sponsor's own visa application was made to the date of approval or refusal of the current sponsorship. It also states that sponsorship approval is a time of decision criterion. A sponsorship must be held when the visa application is made, but it only has to be approved at the time of decision.

The guide on when partner visa sponsorship approval is decided explains this timing in detail, and the guide to the partner visa sponsorship assessment explains what the decision maker checks. This produces three practical rules for a partner visa sponsor family violence PR case:

• The start date is the application date. It is not the date the Subclass 820 or Subclass 309 was granted, not the date the permanent visa was granted, not the date the family violence claim was made, and not the date of separation.
• The end date is the decision date. It is not the date the new partner lodges, and not the date the sponsor lodges the sponsorship.
• The limit can expire during processing. If 5 years pass between lodgement and decision, the limit no longer prevents approval.

A worked example

Consider a hypothetical sponsor who lodged a combined Subclass 820 and Subclass 801 application on 1 March 2021. The relationship ended because of family violence, and the sponsor was later granted the permanent Subclass 801 visa under the family violence provisions. In 2025 the sponsor meets a new partner.

If the new partner's visa application is decided before 1 March 2026, regulation 1.20J(1)(c) applies and the sponsorship can only be approved if the waiver in regulation 1.20J(2) is exercised. If the decision is made on or after 1 March 2026, the 5 years have passed and the limit no longer stands in the way. The Department's own example uses the same logic: a first application made on 1 January 1994, a new application made on 1 October 1998, and a decision on 1 March 1999, by which time 5 years had elapsed and the sponsorship could be approved.

Which application date is used if the sponsor came on a fiance visa?

This needs care. A sponsor who first came on a Subclass 300 visa was sponsored as a fiance in that application, and was then usually sponsored again in a Subclass 820 and Subclass 801 application after the marriage.

Regulation 1.20J(1)(c) refers to the sponsor's own visa application as a sponsored partner or fiance. Where there were two applications, the safer working assumption is that the later application date may be used, because it is also an application in which the person was sponsored. A partner visa sponsor family violence PR holder with this history should have the exact dates checked against their ImmiAccount records or obtained through a freedom of information request before relying on any calculation. The guide to the partner visa relationship timeline explains why exact dates matter across the whole file.

Does the family violence grant use up one of the two lifetime sponsorships?

No. Being sponsored yourself does not use up one of the two sponsorships allowed by regulation 1.20J(1)(a). It only triggers the 5 year waiting period in regulation 1.20J(1)(c).

The Department's instruction gives a direct example: a person who was themselves sponsored as a spouse and later sponsored a fiance has not used up their two sponsorships, because being sponsored is a separate consideration to the number of sponsorships the person can enter into. A partner visa sponsor family violence PR holder who has never sponsored anyone therefore still has two lifetime sponsorships available.

The position is different if the survivor has also sponsored someone before. In that case regulation 1.20J(1)(a) and 1.20J(1)(b) may apply as well. The FAQ on whether a person can sponsor more than one partner and the FAQ on whether a lawyer can help if the sponsor has sponsored a partner before explain that situation.

Why this distinction matters in practice

The distinction matters because it tells the survivor what the real obstacle is. In a partner visa sponsor family violence PR matter, the obstacle is time, not the number of sponsorships.

Once 5 years have passed since the sponsor's own application, regulation 1.20J(1)(c) no longer applies. If the survivor has never sponsored anyone, regulation 1.20J(1)(a) and (b) do not apply either. The sponsor is then assessed like any other Australian citizen or permanent resident sponsor. The FAQ on whether a person can apply for a partner visa with a new partner after a previous one explains the general position, and the guide to a partner visa sponsor with their own visa history problems covers other issues a sponsor's history can raise.

Can the 5 year rule be waived for a survivor of family violence?

Yes. Regulation 1.20J(2) allows the Department to approve a sponsorship that would otherwise fail regulation 1.20J(1) if there are compelling circumstances affecting the sponsor, and the Department's instruction says that, as a matter of law, every case must be assessed against regulation 1.20J(2).

That last point matters. A delegate cannot simply note that 5 years have not passed and refuse. The delegate must consider whether compelling circumstances exist, whether or not the sponsor has asked. In practice, a partner visa sponsor family violence PR holder should never rely on the delegate to find those circumstances unaided. The waiver case should be put in writing, with evidence, at the start.

The waiver test has three parts that a partner visa sponsor family violence PR submission must address:

• Compelling. The circumstances must be compelling, which means more than ordinary inconvenience or disappointment.
• Circumstances. Every aspect of the sponsor's situation can be relevant. There is no closed list.
• Affecting the sponsor. The focus is on the sponsor, not only on the visa applicant. Hardship to the new partner matters, but the submission must show how the refusal would affect the sponsor.

The FAQ on what compelling and compassionate circumstances mean for a partner visa gives a short overview, and the guide to compelling and compassionate circumstances with examples shows how the phrase is used across partner visa law.

The Department's own examples

Department policy lists four examples of compelling circumstances affecting the sponsor. The list is not exhaustive:

• the applicant and the sponsor have a dependent child who is dependent on each of them;
• the death of the previous partner;
• the previous spouse abandoned the sponsor and there are children dependent on the sponsor who require care and support; and
• the new relationship is longstanding.

Policy also identifies two general factors that may be particularly important: the nature of the hardship or detriment the sponsor would suffer if the sponsorship were not approved, and the extent and importance of the sponsor's ties to Australia, including the hardship the sponsor would suffer if they felt compelled to leave Australia to maintain the relationship.

None of the four examples is written specifically for a partner visa sponsor family violence PR holder. That does not weaken the case. The examples are illustrations. The purpose stated in the instruction is to prevent abuse of the partner and fiance migration provisions, and the decision maker must keep that purpose in mind. A survivor whose first relationship was accepted as genuine, and who did not cause it to end, is not the kind of person the limit was designed to stop.

A history of family violence as a compelling circumstance

A sponsor's history of family violence can be part of a compelling circumstances case. The Administrative Review Tribunal has remitted a matter in which this was a recorded issue.

In 2451138 (Migration) [2025] ARTA 2252, a Subclass 309 matter, the Tribunal remitted the decision to the Department. The recorded issues were compelling circumstances, the sponsor being the victim of family violence in previous relationships, and family medical conditions. The case shows that the Tribunal treats a sponsor's experience of family violence as a relevant matter in the regulation 1.20J(2) assessment. It does not mean that every survivor will be granted a waiver. Each partner visa sponsor family violence PR case turns on its own evidence.

The way the history is presented matters. A strong submission does not simply say "I was a victim". It explains, with evidence, how the earlier relationship and its end affect the sponsor now: health, safety, stability, work, children, and the sponsor's place in the Australian community.

Health, trauma and recovery

The effect of family violence on the sponsor's health can be a central part of a waiver case. The Tribunal has remitted several regulation 1.20J matters in which health was a recorded issue.

• In ZHANG (MIGRATION) [2024] ARTA 113, a Subclass 820 matter, the recorded issues were compelling circumstances, significant mental and physical health issues, and a long standing dependent relationship.
• In Khan (Migration) [2023] AATA 1890, a Subclass 820 matter, the recorded issues were sponsorship limitation, compelling circumstances, and the sponsor's complex medical history.
• In Kumar (Migration) [2023] AATA 4621, a Subclass 309 matter, the recorded issues were that the sponsor was affected by the limitation, had no immediate family or close friends in India, and mental health.

For a partner visa sponsor family violence PR holder, health evidence may include reports from a treating psychologist, psychiatrist or general practitioner. Those reports are most useful when they explain the sponsor's condition, its history, the treatment plan, and the role the new partner plays in the sponsor's recovery or daily functioning. A report that only lists a diagnosis carries less weight. The guide to partner visa mental health conditions discusses how health information is handled.

Sponsors are sometimes reluctant to disclose mental health information. That is understandable. Disclosure is a choice. But a partner visa sponsor family violence PR waiver request that leaves out the most important part of the sponsor's circumstances is weaker than it needs to be. The information can be presented in a measured, factual way that protects the sponsor's dignity.

Ties to Australia and the hardship of leaving

In a partner visa sponsor family violence PR matter, the survivor's ties to Australia are often strong, and those ties are directly relevant under policy.

A partner visa sponsor family violence PR holder has often rebuilt a life in Australia after the relationship ended. That can include stable work, study, housing, a support network of friends and community, counselling and medical care, and in many cases children who live in Australia. Policy asks the decision maker to consider the hardship the sponsor would suffer if the sponsorship were refused and the sponsor felt compelled to leave Australia to be with the new partner.

For a survivor, that hardship can be very real. Leaving Australia may mean losing the safety and support that allowed the sponsor to recover. It may mean returning to a country where the sponsor has no family support, or where the former partner's family lives. Kumar shows that the absence of family support in the other country can be a recorded issue. The submission should explain these points with specific facts, not general statements.

Children and the new relationship

Children can strengthen a partner visa sponsor family violence PR waiver case. One of the Department's examples is a dependent child who is dependent on both the applicant and the sponsor. Another is the situation where the previous spouse abandoned the sponsor and there are children dependent on the sponsor who require care and support.

The second example can fit a partner visa sponsor family violence PR case closely. A survivor who left a violent relationship is often the main or sole carer of the children of that relationship. In 2004843 (Migration) [2023] AATA 4514, a Subclass 820 matter, the Tribunal remitted a case whose recorded issues were compelling circumstances, a sponsorship less than five years after a partner visa application, and a child born of the relationship. The guide to partner visa compelling reasons and Australian citizen children explains how children's interests are presented.

A longstanding new relationship

A longstanding new relationship is one of the listed examples, and it is often available to a partner visa sponsor family violence PR holder who waited before formalising the new relationship.

In 2002289 (Migration) [2023] AATA 4513, a Subclass 820 matter, the recorded issues included compelling circumstances to waive and a longstanding, committed, registered relationship. The guide to compelling reasons and the length of the relationship and the guide to the partner visa long-term relationship explain how duration is evidenced.

What is not enough on its own

The fact that an earlier relationship failed is not, by itself, a compelling circumstance, even in a partner visa sponsor family violence PR case.

In SEOL (Migration) [2023] AATA 4410, a Subclass 820 matter, the recorded issues included compelling circumstances and the point that previous failed relationships are not themselves compelling circumstances. A partner visa sponsor family violence PR submission should therefore avoid relying only on the statement that the first relationship ended badly. The submission should show what the history means for the sponsor now and why refusal would cause real hardship. The guide on why compelling reasons are not accepted explains the common weaknesses, and the guide to compelling reasons waiver evidence explains what decision makers expect to see.

Who decides the waiver and when

The waiver is decided by the officer who decides the new partner's visa application, at the same time as the sponsorship and the visa are decided.

There is no separate waiver application form. In a partner visa sponsor family violence PR case, the waiver request is usually lodged with the sponsorship as a written submission and supporting evidence. If the Department refuses the visa because the sponsorship is not approved, the Tribunal can consider the waiver again on review. The guide to how the Tribunal assesses compelling reasons explains the Tribunal's approach.

What evidence supports a partner visa sponsor family violence PR waiver request?

The strongest evidence shows three things: who the sponsor is now, how the family violence history affects the sponsor, and why refusal of the sponsorship would cause the sponsor real hardship.

A partner visa sponsor family violence PR waiver request will usually draw on several categories of evidence:

• The sponsor's own statement. A clear, chronological statement from the sponsor covering the earlier relationship in outline, how it ended, the recovery since, the new relationship, and the hardship refusal would cause. It should be factual and consistent with the earlier file.
• The earlier grant. The grant notice for the sponsor's permanent visa and, where available, the decision record. These confirm the earlier relationship was accepted as genuine.
• Court and police documents. Where they exist, family violence orders, intervention orders or convictions against the former partner. The guide on partner visas and intervention orders explains how these documents are read.
• Professional reports. Reports from treating doctors, psychologists, counsellors or family violence support workers acting in their professional capacity.
• Ties to Australia. Employment records, study records, lease or property documents, community involvement and the sponsor's support network.
• Children. Birth certificates, parenting arrangements, school and medical records, and evidence of the sponsor's care role.
• The new relationship. Evidence across the financial, household, social and commitment aspects of the relationship, as for any partner visa.
• Form 888 statements. Supporting witness statements on Form 888 from Australian citizens or permanent residents who know the sponsor and the new partner.

The guide to Form 888 witness statements and the FAQ on what a Form 888 statement should say explain how to make those statements useful. A witness who knew the sponsor before and after the earlier relationship ended can speak to the sponsor's recovery and to the genuineness of the new relationship. That is often more persuasive than several short, generic statements. The FAQ on how many Form 888s are needed covers numbers.

Consistency with the earlier file

Everything in the new partner visa sponsor family violence PR application should be consistent with what the sponsor told the Department in the earlier application.

The Department can read the sponsor's earlier file. Dates of meeting, cohabitation, separation and the family violence events should match. If the sponsor now remembers a date differently, or if there is a genuine error in the earlier file, the difference should be explained openly. Unexplained inconsistencies can damage credibility. The guide to partner visa previous relationship history explains how earlier relationships are assessed.

Evidence the sponsor does not need to recreate

A partner visa sponsor family violence PR holder does not need to prove the earlier family violence again. The Department accepted it when it granted the permanent visa.

The waiver submission can refer to that acceptance and attach the grant notice. Further detail about the violence should be included only where it explains the sponsor's present circumstances, such as ongoing health effects, an ongoing protection order, or the reason the sponsor cannot safely live in another country. The guides on partner visa family violence after separation and family violence claims without a police report explain how the original evidence would have been assessed, and the FAQ on what evidence is needed for a family violence claim gives a short summary.

How soon can a survivor start a new relationship and sponsor that partner?

There is no rule that stops a survivor from starting a new relationship at any time, but the timing of the new relationship will be examined, both under regulation 1.20J(1)(c) and in the assessment of whether the new relationship is genuine.

A partner visa sponsor family violence PR holder often meets a new partner while the earlier visa is still being processed, or soon after the permanent visa is granted. That is a normal part of rebuilding a life. The law does not require a survivor to stay single. But the Department will look at the dates, and the sponsor should be ready to explain them.

When the new relationship began

The start date of the new relationship should be identified carefully and recorded consistently across the sponsorship, the visa application and the relationship statements.

Two dates matter most. The first is the date the earlier relationship ended. The second is the date the new relationship began. If the new relationship began after the earlier relationship ended, there is usually no difficulty in principle. The genuine and continuing relationship test then applies to the new relationship in the ordinary way. The guide to the genuine and continuing relationship test and the FAQ on what genuine and continuing relationship means set out that test.

If the dates appear to overlap

If the new relationship appears to have started before the earlier relationship ended, the sponsor should obtain advice before lodging anything.

The family violence provisions required the earlier relationship to have been genuine until it ceased. A new relationship that overlaps the earlier one may lead the Department to ask questions about when the earlier relationship really ended and whether the information given in the earlier application was accurate. In a serious case, inaccurate information in an earlier application can expose a visa holder to cancellation powers. That risk depends heavily on the facts, and an apparent overlap often has an innocent explanation, such as a friendship that only became a relationship later. The FAQ on whether a permanent partner visa can be cancelled explains the general position. A partner visa sponsor family violence PR holder in this situation should not guess. The explanation should be prepared with care before the new application is lodged.

Short relationships and the de facto requirements

A new relationship that is short may face separate hurdles that have nothing to do with regulation 1.20J.

For a de facto relationship, the applicant generally needs to show 12 months of de facto relationship before the application, unless an exception applies, such as registration of the relationship. The guide to the de facto 12 month rule explains the exceptions. A partner visa sponsor family violence PR holder who is engaged rather than married or de facto may be looking at a Subclass 300 visa instead. Regulation 1.20J applies to Subclass 300 sponsorships as well. The FAQ on the difference between a fiance visa and a partner visa explains the choice, and the Subclass 300 visa page explains that pathway.

Evidence of the new relationship

The evidence for the new relationship should be as strong as it would be in any partner visa, and preferably stronger.

The decision maker assesses the financial aspects, the nature of the household, the social aspects and the nature of the commitment. The guide to partner visa evidence for a genuine relationship explains each area. In a partner visa sponsor family violence PR matter, careful evidence of the new relationship does two jobs. It satisfies the relationship criteria, and it supports any waiver argument that the new relationship is longstanding and committed.

Will the former partner's version of events affect the new sponsorship?

It can, but the former partner's version does not override the Department's earlier decision. The family violence grant stands unless it is lawfully cancelled, and the Department generally cannot refuse the new sponsorship on the basis of adverse information without first following the natural justice process.

A partner visa sponsor family violence PR holder sometimes fears that the former partner will contact the Department, deny the violence, or make new allegations. That does happen in some cases. The Department can receive information from anyone, including a former partner. The FAQ on whether information from an ex-partner or a tip-off can be used against a partner visa explains how that information is handled.

Three points are important:

• Judicially determined findings stand. Where the earlier claim rested on a court order or a conviction, Department policy says conflicting information, including denials by the alleged perpetrator, cannot be taken into account in deciding whether family violence occurred for that claim.
• Natural justice applies. Under section 57 of the Migration Act 1958, where information would be the reason, or part of the reason, for refusing a reviewable application, the Department must give the applicant particulars of that information, explain why it is relevant and invite comment. The guide to responding to a section 57 natural justice letter explains the process, and the guide to common adverse information in section 57 letters gives examples.
• Allegations are weighed, not accepted automatically. A decision maker assesses the reliability of the information, its source and any motive. A former partner who was found to have committed family violence has an obvious motive. That does not mean the information will be ignored, but it does mean it can be answered.

If a section 57 letter arrives in a partner visa sponsor family violence PR matter, the response should be prepared quickly and with care. The FAQ on how to respond to a section 57 letter explains the basic steps, and the FAQ on what a section 57 natural justice letter is explains the letter itself. Where the former partner claims the sponsor gave false information in the earlier application, the guide to partner visa PIC 4020 risks explains how integrity concerns are assessed in partner visa matters.

The sponsor's own character is a separate question

The sponsor character provisions in regulations 1.20KB, 1.20KC and 1.20KD look at the sponsor's own convictions and charges, not at unproven allegations made by a former partner.

A partner visa sponsor family violence PR holder who has no relevant convictions is not caught by those provisions merely because a former partner makes claims. The guide to partner visa sponsor relevant offences explains what does trigger them. If the former partner obtained a protection order against the sponsor in retaliation, that should be raised in advice early, because orders and police records can still be relevant in other ways.

How can a sponsor protect their safety and privacy during the new application?

A survivor can take practical steps to keep personal information secure while the new sponsorship is assessed, and the Department's processes are not designed to put the sponsor in contact with the former partner.

The new sponsorship is a separate matter. In a partner visa sponsor family violence PR application, the former partner is not a party to it and has no role in it. Even so, a partner visa sponsor family violence PR holder should think carefully about practical safety:

• Contact details. Use a secure email address and phone number that the former partner does not know. Keep ImmiAccount login details private.
• Address. Where there is a current safety concern, raise it with the Department and with the sponsor's representative so that correspondence is handled appropriately.
• Shared documents. Avoid uploading documents that disclose a safe address to anyone other than the Department.
• Representation. Appointing a lawyer to receive correspondence can reduce the number of direct contacts the sponsor has to manage.

Anyone in immediate danger should call 000. The guide for a partner visa lawyer for family violence claims and the FAQ on whether a lawyer can help after separation and family violence explain how legal representation works in these matters.

Telling the new partner

The sponsor does not have to share every detail of the earlier relationship with the new partner, but the new partner should understand the legal history that affects the application.

The new partner's application will ask about the sponsor, and the Department may interview both people. A partner visa sponsor family violence PR application runs more smoothly where the couple agree on the key dates and understand why the 5 year rule matters. The guide on what the Department asks in a sponsor interview explains what to expect.

Should a partner visa sponsor family violence PR holder lodge now or wait?

It depends on how close the 5 year date is, how strong the waiver case is, and where the new partner is. In many cases, lodging with a full waiver submission is better than waiting, because the limit is tested at the time of decision, not at lodgement.

There are three broad strategies:

• Lodge now with a waiver request. The application is lodged with a written regulation 1.20J(2) submission and evidence. If the waiver is accepted, the sponsorship can be approved even inside the 5 years. If the 5 years pass before the decision, the limit no longer applies.
• Lodge close to the 5 year date. Where the 5 year date is near, lodging shortly before it may mean the limit has passed by the time of decision. A waiver submission should still be included in case the decision is made sooner than expected.
• Wait until 5 years have passed. This avoids the limit entirely, but it may mean a long separation or the loss of other options. Waiting is rarely necessary where a well prepared waiver case exists.

The Tribunal has remitted matters in which the 5 year period ended after the original decision. In Rogers (Migration) [2020] AATA 4743, a Subclass 309 matter, the recorded issues were that 5 years had not lapsed since the earlier visa application, that 5 years elapsed during review, and a genuine and continuing relationship. In Pham (Migration) [2021] AATA 4906, a Subclass 309 matter, the recorded issues were an application made less than 5 years after the sponsor's permanent visa was granted, the limitation period having since passed, and a decision made without a hearing. In Ba (Migration) [2021] AATA 1251, a Subclass 820 matter, the recorded issue was that the five-year limitation had expired.

Those cases show how timing interacts with review. They do not mean a sponsor should lodge knowing the visa will be refused and then rely on review. Review costs money and time, and the Tribunal decides each matter on its own facts.

A withdrawn earlier application

A survivor whose own earlier application was withdrawn and later replaced may have a more complex date history.

In Dhindsa (Migration) [2019] AATA 5650, a Subclass 309 matter, the recorded issues were that five years had not elapsed since the review applicant had been sponsored, and that the review applicant's previous application was withdrawn. A partner visa sponsor family violence PR holder with any withdrawn, refused or replaced application in their history should have each date checked before relying on a calculation.

Where the new partner is

Location affects the choice of visa and the practical impact of delay for a partner visa sponsor family violence PR holder.

A new partner who is in Australia may be able to apply for the Subclass 820 and Subclass 801 visa onshore if the visa and condition rules allow it. A new partner overseas will usually apply for the Subclass 309 and Subclass 100 visa. The guide comparing onshore and offshore partner visas explains the differences, and the guide on visiting Australia during partner visa processing covers visits while an offshore application is pending.

What happens if the sponsorship is refused?

If the Department refuses to approve the sponsorship, the partner visa must be refused, and the refusal can usually be reviewed by the Administrative Review Tribunal.

Sponsorship approval is a time of decision criterion for the Subclass 820, Subclass 309 and Subclass 300 visas. There is no separate refusal notice to the sponsor. The sponsorship is decided inside the visa decision. The FAQ on what happens if a partner's sponsorship is refused explains this.

The review rules are strict:

• Deadline. The review application must be made within 28 days after the applicant is notified of the decision, or within 7 days if the applicant is in immigration detention. The deadline cannot be extended. The guide to the partner visa appeal deadline explains how the period is counted.
• Who applies. For a Subclass 820 refusal and a Subclass 309 refusal, the visa applicant applies. For a Subclass 300 refusal, the sponsor applies.
• Fee. The Tribunal fee for a migration review is $3,727 for fees paid on or after 1 July 2026. A 50% reduction may be available for financial hardship, and 50% is refunded if the decision is set aside or remitted. The guide to partner visa ART fees explains the fee rules.
• Bridging visa. An onshore Subclass 820 applicant who holds a Bridging visa A usually keeps it while a valid review application is pending. The FAQ on what happens to a bridging visa if a partner visa is refused explains the detail.

The FAQ on how to work out the review deadline and the FAQ on how much a Tribunal review costs and whether the fee can be reduced answer the two most urgent questions in a refused partner visa sponsor family violence PR matter. If the Tribunal remits the case, the Department then decides the application again in line with the Tribunal's findings, as the FAQ on what happens when the Tribunal sends a case back explains. The guide to partner visa ART evidence explains how to present a waiver case at review.

The Tribunal decides the matter on the law and facts at the time of its own decision. That means a 5 year period that ends during review can be taken into account, and new waiver evidence can be put before the Tribunal. The FAQ on giving the Tribunal new evidence and the guide to how the partner visa ART review works explain the process. The FAQ on how to challenge a refusal involving sponsorship limitations is a short starting point, and the partner visa refusals page explains how My Migration Lawyers approaches refused matters. Where time is short, the urgent ART visa refusal applications page explains the urgent service.

Common mistakes in partner visa sponsor family violence PR cases

The most common mistakes are assuming the limit does not apply, miscounting the 5 years, and lodging without a waiver submission.

A partner visa sponsor family violence PR holder can avoid most problems by checking each of these points:

• Assuming the family violence grant removed the limit. It did not. Regulation 1.20J(1)(c) still applies.
• Counting from the wrong date. The 5 years run from the sponsor's own visa application date, not from the grant, the separation, or citizenship.
• Counting to the wrong date. The end point is the decision on the new sponsorship, not lodgement.
• Leaving the waiver to the Department. The Department must consider regulation 1.20J(2), but it can only weigh what is in front of it.
• Answering the sponsorship form inaccurately. The sponsorship asks about the sponsor's history. Departmental records are checked, and non-disclosure is detected. The guide to the partner visa Form 40SP sponsorship form explains the questions.
• Inconsistent dates. Dates that conflict with the earlier family violence file damage credibility.
• Over-sharing or under-sharing sensitive material. Evidence should be relevant, accurate and proportionate.
• Missing the review deadline. The 28 day period cannot be extended.

The guide to a partner visa sponsor risk assessment before lodgement explains how these issues are checked before an application is lodged.

How My Migration Lawyers helps a partner visa sponsor family violence PR holder

My Migration Lawyers acts for Australian sponsors whose own permanent residence was granted under the family violence provisions and who now want to sponsor a new partner. These are complex cases. They combine the sponsorship limitations in regulation 1.20J, the history of an earlier family violence claim, and the ordinary partner visa criteria, and they need to be handled with legal precision and with respect for what the sponsor has lived through.

The firm acts in many matters of this exact type and is capable of handling them from first advice to decision and, where needed, review. For a partner visa sponsor family violence PR holder, the work usually includes:

• Obtaining and checking the sponsor's earlier visa application dates, grant records and, where useful, the earlier decision record, and calculating the 5 year date accurately.
• Advising whether to lodge now, close to the 5 year date, or later, and on the best visa pathway for the new partner.
• Preparing a regulation 1.20J(2) compelling circumstances submission built around the sponsor's own circumstances, health, children and ties to Australia.
• Helping the sponsor and witnesses prepare statements, including Form 888 statements, that are accurate, consistent with the earlier file and trauma-informed.
• Handling Department correspondence, section 57 letters and any information from a former partner.
• Preparing and presenting an Administrative Review Tribunal review if the sponsorship is refused.

The firm's partner visa lawyers and family violence partner visa lawyers work with clients across Australia and overseas by video. The answer on whether there is a partner visa lawyer who handles complex cases describes the firm's approach, and sponsorship limitation matters are supervised by Weiwei Zhang, Principal Lawyer.

If you were granted permanent residence on family violence grounds and want to sponsor a new partner, or if a partner visa sponsor family violence PR sponsorship has been refused, Book a Consultation with My Migration Lawyers, or call 1300 040 300.