Partner Visa Two-Sponsor Limit

The partner visa sponsor limit is the rule that caps how many partners one Australian can sponsor in a lifetime. Under the partner visa sponsor limit in regulation 1.20J(1)(a) of the Migration Regulations 1994, a person may have no more than two approved spouse, de facto partner or prospective spouse (fiance) sponsorships. A third sponsorship is refused unless the waiver for compelling circumstances is applied.

This guide explains the lifetime cap in detail. It covers which visas the partner visa sponsor limit applies to, exactly what counts as one of the two sponsorships, what does not count, how the Department finds earlier sponsorships, why honest disclosure matters, and how the waiver in regulation 1.20J(2) works when a sponsor wants to sponsor a third partner. It is written for the Australian sponsor. The commercial page on partner visa sponsorship limitations explains how My Migration Lawyers handles these matters, and the hub guide on when a sponsor cannot sponsor a partner visa in Australia sets out every sponsorship limitation in one place.

The short answer for most sponsors is reassuring. A person who has sponsored one partner before can usually sponsor a second, subject to the separate five year rules. The partner visa sponsor limit becomes a real barrier when a sponsor already has two granted sponsorships on their record, or when an earlier sponsorship counts in a way the sponsor did not expect.

What is the partner visa sponsor limit?

The partner visa sponsor limit is the rule in regulation 1.20J(1)(a) that a person may enter into at most two approved spouse, de facto partner, interdependent partner or prospective spouse sponsorships in their lifetime.

Department policy summarises the rule in plain terms: "At most, a person may enter into 2 approved spouse, de facto partner, interdependent partner or prospective spouse (fiancé) sponsorships". The cap is personal to the sponsor. It follows the sponsor from one relationship to the next, regardless of where the earlier partner now lives, whether the earlier relationship ended in divorce, or how long ago it happened.

Three features of the partner visa sponsor limit are worth stating at the outset:

• It is a lifetime count. There is no point at which old sponsorships fall off the record. A sponsorship from 20 years ago counts in the same way as one from last year.
• It counts grants, not attempts. A sponsorship counts only if it resulted in the grant of a visa. That point is explained in detail later in this guide.
• It is a sponsorship criterion. The partner visa sponsor limit is assessed when the Department decides whether to approve the sponsorship, which happens as part of the decision on the visa application. If the sponsorship cannot be approved, the visa is refused.

The guide to partner visa sponsor eligibility explains the basic requirements a sponsor must meet before the partner visa sponsor limit is even considered, and the answer on who can sponsor a partner visa gives the short version.

Which visas does the partner visa sponsor limit apply to?

The partner visa sponsor limit applies to applications for the Subclass 300 Prospective Marriage visa and the Subclass 309 and Subclass 820 Partner visas, which are the visas where sponsorship is approved.

Department policy lists the relevant applications:

• Subclass 300 Prospective Marriage visas;
• Subclass 309 and Subclass 820 Partner visas made on or after 1 July 2009;
• Subclass 309 and Subclass 820 Spouse visas made on or after 1 November 1996 but before 1 July 2009; and
• Subclass 310 and Subclass 826 Interdependency visas made on or after 1 November 1996 but before 1 July 2009.

The permanent Subclass 100 and Subclass 801 visas do not have their own sponsorship approval. Department policy explains that the time of decision criteria for those permanent visas refer back to the sponsor who was approved as part of the process that led to the grant of the temporary visa. That is why the partner visa sponsor limit is tested at the first stage, when the Subclass 309 or Subclass 820 application is decided.

The guides to the Subclass 820 visa, the Subclass 309 visa and the Subclass 300 visa explain each pathway, and the answers on the difference between the 820 and 801 visas and the difference between the 309 and 100 partner visas explain the two-stage structure. The answer on who can sponsor a prospective marriage visa confirms that fiance sponsors are subject to the same rules.

Why does the partner visa sponsor limit exist?

The partner visa sponsor limit exists to prevent abuse of the partner and fiance migration provisions. Department policy states that purpose directly, and tells decision makers to keep it in mind when deciding whether to waive the limit.

The partner program allows an Australian citizen, Australian permanent resident or eligible New Zealand citizen to bring a partner to Australia on the basis of the relationship. Without a cap, a person could sponsor a series of partners, each of whom would obtain residence through the relationship. The partner visa sponsor limit puts a ceiling on that. It does not assume that a sponsor with two previous sponsorships has done anything wrong. It simply sets a default position that a third sponsorship needs a reason.

This purpose matters in practice. When a sponsor asks for a waiver, the decision maker is likely to ask whether the sponsor's history looks like a pattern of serial sponsorship or like genuine relationships that ended for reasons outside the sponsor's control. The answer shapes the strength of the waiver argument, which is discussed later in this guide.

How does the partner visa sponsor limit relate to the five year rules?

The partner visa sponsor limit is one of three separate limbs of regulation 1.20J. The other two are time-based rules, and a sponsor must satisfy all three unless the waiver applies.

In summary:

• Regulation 1.20J(1)(a): the lifetime cap of two approved sponsorships. This is the partner visa sponsor limit covered in this guide.
• Regulation 1.20J(1)(b): a sponsor who has sponsored a partner or fiance cannot have another sponsorship approved until at least five 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 five years after their own visa application was made.

The five year rules are measured to the date of decision on the current sponsorship, not the date of lodgement, because sponsorship approval is a time of decision criterion. A sponsor can satisfy the partner visa sponsor limit and still be caught by a five year rule, or the reverse. A sponsor who has had only one previous sponsorship, for example, is within the cap but may still be inside the five year period. The hub guide on partner visa sponsorship limitations explains how the five year periods are calculated, and the answer on whether a person sponsored on a partner visa can sponsor a new partner deals with regulation 1.20J(1)(c).

How has the partner visa sponsor limit changed since 1996?

The partner visa sponsor limit commenced on 1 November 1996 and was amended on 1 July 1997 and 1 January 1998 to correct drafting problems. The version of regulation 1.20J in force when the current visa application was made is the version that applies.

For most sponsors today, the history matters only in older or unusual cases. Department policy describes it as follows:

• 1 November 1996 to 30 June 1997. Only previous sponsorships or nominations that led to the grant of a visa were counted. Entry permits granted before 1 September 1994 were not counted.
• 1 July 1997 to 31 December 1997. The concept of "relevant permission" was introduced, but it covered only permanent permissions. Temporary visas were not caught unless they led to a permanent visa.
• From 1 January 1998. The definition of relevant permission was widened so that permanent and temporary visas, permanent and temporary entry permits, and other permissions to remain indefinitely are all counted.

From 1 July 2002, references to onshore "nomination" were replaced with Form 40 sponsorship. For past grants, policy identifies the relevant permanent subclasses as Subclass 100, 110, 801, 814 and 831, and the relevant temporary subclasses as Subclass 300, 305, 309, 310, 820 and 826. A sponsor with a very old sponsorship, or an earlier nomination under the former onshore system, should have the history checked against the version of the rule that applies.

What counts as one of the two sponsorships under the partner visa sponsor limit?

A previous sponsorship counts toward the partner visa sponsor limit if the current sponsor was the sponsor (or, before 1 July 2002, the nominator) in an earlier partner, spouse, interdependency or fiance application and that application resulted in the grant of a visa. Department policy states that "the critical factor is visa grant. It does not matter what happens after this."

That single principle resolves most questions. Department policy gives a series of examples, and each one is worth understanding because sponsors often assume the opposite.

The visa was granted but the partner never came to Australia

It counts. A sponsorship where the visa was granted but the applicant did not travel to Australia counts toward the partner visa sponsor limit. The grant is what matters, not whether the visa was ever used.

The visa was cancelled before the partner entered Australia

It counts. A spouse sponsorship where the visa was cancelled before the spouse entered Australia still counts, unless the current application was lodged between 1 July 1997 and 31 December 1997 and the earlier visa was a provisional visa that did not lead to a permanent visa.

A fiance visa was granted but the marriage never happened

It counts. A fiance sponsorship where the Subclass 300 visa was granted, the applicant travelled to Australia, but the marriage did not take place counts toward the partner visa sponsor limit. The only exception is where the current application was lodged between 1 July 1997 and 31 December 1997. The answers on what happens if a couple breaks up on a prospective marriage visa and what happens if the couple does not marry within 9 months on a Subclass 300 explain the visa consequences for the fiance. For the sponsor, the sponsorship has already been used.

The two-stage partner visa counts once

A Subclass 820 followed by a Subclass 801, or a Subclass 309 followed by a Subclass 100, counts as one sponsorship, not two. Department policy explains that there is no separate sponsorship approval for the permanent visa. The same applies to the older Subclass 310 and Subclass 110, and Subclass 826 and Subclass 814 combinations. The wording of regulation 1.20J, as quoted in Department policy, counts the number of other persons granted permission as the sponsor's spouse or prospective spouse. On that wording, a fiance who married the sponsor and then obtained a Subclass 820 is one person, not two. The Subclass 300 fiance pathway and the guide on Subclass 820 vs Subclass 801 explain how the stages connect.

The former partner was granted permanent residence on family violence grounds

It counts. Department policy says that where the applicant was granted a permanent partner visa on family violence grounds, the sponsorship counts. Although the relationship ended, the permanent visa was granted as a result of the original sponsorship for the temporary visa. The commercial page on family violence partner visa matters and the guide to partner visa family violence options explain those provisions, and the answer on the evidence needed for a family violence claim explains how such grants arise.

The partner was granted the visa after the sponsor died

It counts. Where an applicant was granted a partner visa because the sponsor died, the sponsorship counts. Policy also notes that the applicant who obtained that visa is then caught by the five year rule if they later wish to sponsor someone, but that the death of the sponsor may be a situation where compelling circumstances exist. The guide to a partner visa after partner death and the answer on what happens to a partner visa if the sponsor dies explain the applicant's side.

The relationship ended soon after the grant

It still counts. Divorce, separation or the former partner leaving Australia after the grant does not reverse the count. The answer on what happens to a spouse visa after divorce explains the effect on the former partner, but for the partner visa sponsor limit the earlier sponsorship remains one of the two.

What does not count toward the partner visa sponsor limit?

Several situations do not use up one of the two sponsorships. Knowing these is often the difference between a sponsor who is free to proceed and a sponsor who needs a waiver.

A refused application

A sponsorship where the connected visa application was refused does not count. Department policy says the sponsorship "must have resulted in the grant of a visa". This applies whether the refusal was for genuineness, character, health or any other reason. If a refusal was later overturned on review and the visa was granted, the sponsorship then resulted in a grant and does count. The guide to partner visa refusal reasons and the guide on reapplying for a partner visa after refusal explain how earlier refusals are handled in other respects.

An application that never reached grant

Because the test is whether a visa was granted, an application that was withdrawn, or in which the sponsor withdrew support, before any visa was granted would not, on the same logic, have resulted in a grant. The answers on whether a sponsor can withdraw sponsorship after the application is made and what happens if a sponsor withdraws but the couple reconcile explain the mechanics. Where the first-stage Subclass 820 or Subclass 309 was granted before the withdrawal, however, the sponsorship has already resulted in a grant and counts.

Being sponsored yourself

Being sponsored as a partner does not use up one of the sponsor's own two sponsorships. Department policy gives the example of a person who was sponsored as a spouse and later sponsored a fiance: that person "has not used up their two sponsorships". Being sponsored is a separate matter, dealt with by the five year rule in regulation 1.20J(1)(c). The answer for a sponsor who was sponsored before explains the related issues.

The applicant's own history with other sponsors

The current applicant's history is irrelevant to the partner visa sponsor limit. Department policy gives the example of a woman granted a Subclass 300 visa who did not marry her sponsor, returned home, married another person and applied for a Subclass 309. That previous sponsorship does not count against her new husband. As policy puts it, regulation 1.20J applies only if the current sponsor has previously sponsored a person or was themselves sponsored. The answer on applying for a partner visa with a new partner after a previous one deals with the applicant's position.

Sponsorships for other kinds of visas

Regulation 1.20J is about spouse, de facto partner, interdependent partner and fiance sponsorships. Sponsoring a parent, child, other relative or visitor is not a partner sponsorship for the purposes of the partner visa sponsor limit. Those visa categories have their own sponsorship limitations where relevant.

Worked examples: applying the partner visa sponsor limit

The following hypothetical examples show how the partner visa sponsor limit works in practice. They are illustrations only, not client stories, and every real case depends on its own records.

Example 1: one refusal and one grant. Consider a sponsor who sponsored a first partner whose Subclass 309 application was refused, and then sponsored a second partner who was granted a Subclass 820 and later a Subclass 801. Only the second sponsorship resulted in a grant. The sponsor has used one of the two sponsorships, not two, and can sponsor again within the partner visa sponsor limit, subject to the five year rule measured from the second partner's application.

Example 2: a fiance who never married. Consider a sponsor whose fiance was granted a Subclass 300 visa and came to Australia, but the wedding never happened and the fiance went home. The sponsor later married someone else and that spouse was granted a Subclass 309 and then a Subclass 100. Both sponsorships resulted in grants. The sponsor has reached the partner visa sponsor limit, and a third sponsorship would need the waiver.

Example 3: a sponsor who was sponsored. Consider a sponsor who came to Australia as a sponsored spouse, became a citizen, and has since sponsored one partner whose visa was granted. Being sponsored does not count toward the cap. This sponsor has used one sponsorship and remains within the partner visa sponsor limit, although the five year rules must still be checked.

Example 4: a family violence grant. Consider a sponsor whose first sponsored partner was granted permanent residence on family violence grounds after the relationship ended, and whose second sponsored partner was granted a Subclass 820 and Subclass 801. Both count. The sponsor is at the partner visa sponsor limit, even though the sponsor may dispute what was said in the first partner's family violence claim.

Does a change of sponsor during processing affect the count?

Yes, it can. The partner visa sponsor limit is assessed against the sponsor at the time the sponsorship is decided. If the person who sponsors the applicant at the time of decision has two previous granted sponsorships, the limit applies to that person.

Changes of sponsor are uncommon in partner cases because the sponsor must be the applicant's partner. The answer on whether a sponsor can be changed during a partner visa application explains when a change is possible. For the partner visa sponsor limit, the key point is simply that it is the approved sponsor's own history that is counted.

How does the Department find out about earlier sponsorships?

The Department does not rely only on what the sponsor says. Department policy tells officers to have regard to the information the sponsor provides in the sponsorship application and to the Department's own sponsorship and nomination database records.

In practice, the Department's systems link the sponsor's identity to earlier applications in which the sponsor was the sponsor or nominator. A previous sponsorship that resulted in a grant will usually be visible to the case officer whether or not the sponsor mentions it. The guide to partner visa sponsorship assessment explains how the sponsorship is assessed, the guide on partner visa sponsorship approval explains when it is decided, and the guide to partner visa sponsorship delays explains why a limitation question can slow a case down.

This has two consequences for anyone near the partner visa sponsor limit. First, there is no realistic prospect of an earlier sponsorship being overlooked. Second, a sponsor who omits an earlier sponsorship creates a credibility problem that may be far more damaging than the limitation itself.

Must previous sponsorships be declared on the sponsorship form?

Yes. The sponsorship application asks the sponsor about previous sponsorships and previous relationships, and every answer must be complete and accurate.

The sponsor lodges the sponsorship online after the applicant has applied, using the applicant's transaction reference number. The guides to the partner visa Form 40SP and partner visa sponsorship lodgement explain the form and timing, and the guide on a partner visa sponsorship not lodged explains what happens if the sponsor does not complete this step.

Accurate disclosure matters for three reasons in a partner visa sponsor limit case:

• Credibility. A sponsor who leaves out an earlier sponsorship that the Department can see on its records will have every other statement viewed with suspicion, including statements about the genuineness of the current relationship.
• Integrity criteria. Public interest criterion 4020 applies to the applicant. It can be engaged where the applicant gave, or caused to be given, false or misleading information in relation to the application. Department policy says a decision maker must look at whether the applicant was actually responsible for information supplied by the sponsor, so a sponsor's omission does not automatically make the applicant fail. It does create risk, especially if the couple jointly misstated the history. The answer on what PIC 4020 is and how it affects a partner visa and the guide to partner visa PIC 4020 risks explain the framework.
• The waiver argument. A sponsor who needs the waiver in regulation 1.20J(2) is asking the decision maker to accept their account of the earlier relationships. That request is far stronger when the account has been consistent and complete from the start.

The guide to partner visa previous relationship history explains how earlier relationships should be described, and the guide to a partner visa undeclared relationship explains the risk of leaving one out.

Can a sponsor sponsor a third partner?

Yes, but only if the waiver in regulation 1.20J(2) is applied. A third partner or fiance sponsorship is outside the partner visa sponsor limit, so it can be approved only if the decision maker is satisfied that there are compelling circumstances affecting the sponsor.

Department policy states that, as a matter of law, all cases must be assessed against regulation 1.20J(2). The decision maker cannot simply note that the sponsor has two previous sponsorships and refuse. The waiver must be considered, whether or not the sponsor has asked for it. In practice, however, a sponsor who does not put forward evidence of compelling circumstances leaves the decision maker with little to consider. A well-prepared waiver submission should be lodged with, or soon after, the sponsorship whenever the partner visa sponsor limit is engaged.

The answer on whether a person can sponsor more than one partner gives the short version of this rule.

What are compelling circumstances for a waiver of the partner visa sponsor limit?

Compelling circumstances are circumstances affecting the sponsor that are strong enough to justify approving a sponsorship that would otherwise be refused under regulation 1.20J(1). The term is not exhaustively defined, and every aspect of the sponsor's circumstances is relevant.

Department policy gives four examples of compelling circumstances affecting the interests of the sponsor. They are 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 requiring care and support; or
• the new relationship is longstanding.

Policy also identifies two general aspects 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, and the hardship the sponsor would suffer if the sponsor felt compelled to leave Australia to maintain the relationship with the applicant.

The focus is on the sponsor. Hardship to the applicant is relevant mainly through its effect on the sponsor. The guide to partner visa compelling and compassionate circumstances and the answer on what compelling and compassionate circumstances are for a partner visa explain a related concept used in other parts of the partner visa rules. The test under regulation 1.20J(2) is narrower in its focus on the sponsor, so arguments should be framed accordingly.

The "innocent sponsor" argument

Many sponsors facing the partner visa sponsor limit argue that they were blameless: their earlier relationships were genuine, the former partners left them, and they should not be penalised. Department policy recognises these "innocent sponsor" claims. It says it is open to decision makers to find compelling circumstances in that situation, but that the answer depends on the facts, including whether the bona fides of the original relationship can be established and whether the first sponsorship was "careless", meaning sponsored with the expectation that, if things did not work out, the sponsor would be free to try again. Policy notes that even where the first relationship was not bogus, the pattern may still represent a misuse of the provisions.

This is where evidence of the earlier relationships becomes critical. A sponsor who can show, with documents, that each earlier relationship was genuine and ended for reasons outside the sponsor's control is in a stronger position than a sponsor who simply asserts it.

What the Tribunal record shows

The partner visa remittals record contains a number of decisions in which a sponsor at or beyond the partner visa sponsor limit sought the waiver. Each was remitted to the Department, and each is described here only by the issues recorded:

• Ho (Migration) [2023] AATA 4220 (Subclass 820): the lifetime limit of two approved sponsorships, the waiver, and compelling circumstances.
• Hung (Migration) [2023] AATA 4772 (Subclass 820): two previous sponsorships, the waiver, and compelling circumstances affecting the sponsor.
• Bui (Migration) [2021] AATA 4894 (Subclass 820): two previous sponsorships, compelling reasons to waive, and a valid marriage and genuine long-term relationship.
• Mayu (Migration) [2021] AATA 2301 (Subclass 820): two previous sponsorships, compelling circumstances affecting the sponsor, and a first husband who left after obtaining permanent residency.
• 1726920 (Migration) [2020] AATA 1519 (Subclass 820): a sponsor of two previous successful partner applications, compelling circumstances, and separation from two previous wives.
• 2002289 (Migration) [2023] AATA 4513 (Subclass 820): two previous sponsorships and associated visas, compelling circumstances to waive, and a longstanding, committed, registered relationship.
• LIN (Migration) [2019] AATA 6025 (Subclass 309): a Federal Circuit Court remittal, two previous sponsorships, and compelling circumstances.
• 1700695 (Migration) [2019] AATA 3133 (Subclass 309): a sponsor who previously sponsored two people, less than five years since the last sponsorship, and compelling reasons to approve.

One decision is a useful caution. In SEOL (Migration) [2023] AATA 4410 (Subclass 820), also remitted, the recorded issues were two previous sponsorships, compelling circumstances, and that previous failed relationships are not themselves compelling circumstances. The fact that earlier relationships failed is the reason the partner visa sponsor limit applies. It cannot, by itself, be the reason to waive it. Something more, such as the strength and length of the current relationship, children, the circumstances in which earlier relationships ended, health or ties to Australia, must be shown.

The guide to partner visa compelling reasons at the ART and the guide on why compelling reasons are not accepted discuss how compelling arguments are tested and where they commonly fail.

Evidence for a waiver submission

A waiver submission for a sponsor beyond the partner visa sponsor limit should be built around the policy factors and supported by documents. Useful evidence commonly includes:

• The current relationship: evidence of its length, commitment and stability, including registration of the relationship or marriage, shared finances and a shared household. The guides to partner visa relationship evidence and the partner visa relationship statement explain how this is presented.
• Children: birth certificates, evidence of parenting and financial dependency, and evidence of children from earlier relationships who depend on the sponsor. The answer on whether having a child together helps a partner visa is a starting point.
• The earlier relationships: evidence that they were genuine and of how and why they ended, including separation and divorce documents. The guide to a partner visa after divorce explains the separation evidence decision makers expect.
• The sponsor's ties to Australia: citizenship, employment, property, family, community involvement and caring responsibilities.
• Hardship: medical evidence, evidence of the sponsor's age or health, evidence of the sponsor's inability to relocate, and evidence of the effect of separation from the applicant.
• Independent statements: Form 888 statements from people who know the couple and the sponsor's history. The guide to Form 888 and what it should actually say explains how these are prepared.

A clear structure helps. The strongest submissions usually set out the sponsorship history accurately, acknowledge the partner visa sponsor limit, explain the purpose of the rule, show why this case is not the kind of abuse the rule aims to prevent, and then present the compelling circumstances with evidence for each.

What happens if the partner visa sponsor limit is applied and the sponsorship is refused?

If the decision maker finds that the partner visa sponsor limit applies and declines to exercise the waiver, the sponsorship is not approved and the visa must be refused, because an approved sponsorship is a time of decision criterion for the Subclass 820, Subclass 309 and Subclass 300.

There is no separate refusal notice to the sponsor. The information that the sponsorship is not approved is put to the applicant before the decision, usually through a section 57 invitation to comment. The guide to the section 57 natural justice letter for a partner visa and the answers on what a section 57 natural justice letter is and how to respond to a section 57 letter explain how to use that opportunity, which is often the last chance to put waiver evidence before the primary decision maker. The answer on what happens if a partner's sponsorship is refused explains why the visa falls with the sponsorship.

Review by the Administrative Review Tribunal

A refusal of a Subclass 820, Subclass 309 or Subclass 300 visa because the sponsorship was not approved is reviewable by the Administrative Review Tribunal. The application must be lodged within 28 days after the day the applicant is notified of the decision, or 7 days if the applicant is in immigration detention. The time limit cannot be extended.

For a Subclass 820 refusal, the applicant applies for review. For a Subclass 309 refusal, the visa applicant applies. For a Subclass 300 refusal, the sponsor applies. The fee for a migration review is $3,727 for fees paid on or after 1 July 2026, with a 50% reduction available for financial hardship and a 50% refund if the decision is set aside or remitted. Onshore applicants generally keep their bridging visa while the review is pending. The answers on how to work out the deadline to apply for review, who must apply for review of an offshore spouse visa refusal and how much a Tribunal review costs and whether the fee can be reduced explain the detail.

The Tribunal decides the matter on the law and evidence at the time of its own decision. It must consider the waiver for itself. That allows the sponsor to present a fuller waiver case, including new evidence and oral evidence at a hearing. The commercial page on partner visa refusals, the page on urgent ART visa refusal applications, the answer on how to challenge a refusal involving sponsorship limitations and the guide to the partner visa ART review process explain the process. The answer on giving the Tribunal new evidence and the guide to preparing for a partner visa ART hearing are useful when the waiver case is being rebuilt.

If the Tribunal affirms the refusal, further options are limited. The answer on the options if the Tribunal upholds the refusal and the guide to partner visa judicial review explain what remains.

What should a sponsor do before lodging a third sponsorship?

A sponsor who may be at the partner visa sponsor limit should confirm the count, gather the history and prepare the waiver case before the visa application is lodged. Lodging first and dealing with the limit later usually leaves the strongest evidence until the point where time is shortest.

A practical sequence is:

• List every earlier partner, spouse, de facto or fiance sponsorship. Include sponsorships from many years ago and any made under the former onshore nomination system.
• Confirm which ones resulted in a grant. Only granted sponsorships count. Refused applications do not. Check whether any withdrawn application had already reached a first-stage grant.
• Check the five year rules separately. A sponsor within the cap may still be inside a five year period, and a sponsor beyond the cap may also be inside one.
• Collect evidence of the earlier relationships. Gather separation and divorce documents and any material showing how each relationship ended.
• Build the current relationship evidence. Make the current relationship case as strong as possible, because the longstanding relationship factor is often central.
• Prepare the waiver submission. Address each policy factor and attach evidence for each.
• Disclose everything accurately. Complete the sponsorship form consistently with the Department's records and the waiver submission.

The guides to partner visa sponsor requirements, partner visa sponsor documents and the partner visa sponsor undertaking explain the standard sponsor requirements that apply alongside the partner visa sponsor limit, and the guide on partner visa sponsor obligations after grant explains what the sponsor commits to.

How My Migration Lawyers helps sponsors at the partner visa sponsor limit

My Migration Lawyers acts for Australian sponsors who have sponsored partners before and want to sponsor again. The firm regularly handles partner visa sponsor limit matters, including sponsors with two earlier granted sponsorships, sponsors unsure whether an old fiance or cancelled visa counts, and sponsors whose earlier partner obtained residence on family violence grounds or after a death. These are complex cases. The firm has the experience and capability to assess the history accurately and to present a waiver case with care.

In a partner visa sponsor limit matter, My Migration Lawyers can:

• review the sponsor's full sponsorship history and confirm which earlier sponsorships count under regulation 1.20J(1)(a);
• check the five year rules in regulation 1.20J(1)(b) and (c) at the same time;
• advise whether the waiver in regulation 1.20J(2) is realistically available and what evidence it needs;
• prepare a structured waiver submission addressing each policy factor;
• prepare the sponsorship and visa application so that disclosure is complete and consistent;
• respond to any section 57 invitation; and
• lodge and conduct an Administrative Review Tribunal review if the sponsorship is refused.

The firm's partner visa lawyers work with sponsors across Australia and overseas by video. The guide to complex partner visa lawyer work explains how these matters are run, and the answer on whether a lawyer can help with a partner visa sponsorship refusal describes the review work. Sponsorship limitation matters are supervised by Weiwei Zhang, Principal Lawyer. Further answers are collected in the partner visa questions centre.

If you have sponsored two partners before, if you are unsure whether an earlier sponsorship counts, or if a sponsorship has been refused under the partner visa sponsor limit, Book a Consultation with My Migration Lawyers, or call 1300 040 300.