Partner Visa Sponsor Limit Where the Couple Has Children Together

A partner visa sponsor limit children together case arises when an Australian sponsor is caught by the sponsorship limits in regulation 1.20J of the Migration Regulations 1994, and the sponsor and the visa applicant have a child together. In a partner visa sponsor limit children together case, the child does not cancel the limit. What the child does is give the Department of Home Affairs a recognised reason to waive it.

The Department's own policy lists four examples of compelling circumstances that can justify approving a sponsorship despite the limits. The first is that "the applicant and their sponsor have a dependent child who is dependent on each of them." This guide explains what that example means, how it applies to pregnancies and to children born during processing, how children from an earlier relationship fit in, what evidence is needed, and what to do if the Department refuses. The commercial page on partner visa sponsorship limitations explains how My Migration Lawyers handles these matters, and the hub article on when a sponsor cannot sponsor a partner visa explains every sponsorship limitation in one place.

This article is written for the Australian sponsor, because the limit is about the sponsor's history and the waiver must rest on circumstances affecting the sponsor. For the wider partner visa picture, the complete guide to partner visas and the partner visa FAQ centre answer the common questions.

What is a partner visa sponsor limit children together case?

A partner visa sponsor limit children together case is a partner, spouse, de facto or prospective marriage visa application where the sponsor fails one of the limits in regulation 1.20J(1), and the sponsor and the applicant are the parents of a child, or are expecting one. The child is then the centre of the argument for a waiver under regulation 1.20J(2).

The three limits are:

• Regulation 1.20J(1)(a): the sponsor has already had two approved partner or fiance sponsorships that led to the grant of a visa.
• Regulation 1.20J(1)(b): the sponsor previously sponsored a partner or fiance, and five years have not passed between that earlier visa application and the decision on the current sponsorship.
• Regulation 1.20J(1)(c): the sponsor was themselves sponsored as a partner or fiance, and five years have not passed between their own visa application and the decision on the current sponsorship.

If the sponsor does not fail any of these limits, there is nothing to waive, and the child is relevant only to the ordinary relationship assessment. The FAQ on whether you can sponsor more than one partner and the FAQ on whether you can sponsor a partner if you were sponsored on a partner visa explain the limits in short form.

Which visas are affected?

Regulation 1.20J applies to the Subclass 300 Prospective Marriage visa and to Subclass 309 and Subclass 820 Partner visa applications made on or after 1 July 2009. The Subclass 100 and Subclass 801 permanent stages do not have a separate sponsorship approval, so the waiver decision is made once, at the first stage. A partner visa sponsor limit children together case can arise onshore or offshore. The pages on the Subclass 820 Partner visa, the Subclass 309 Partner visa and the Subclass 300 Prospective Marriage visa explain each visa.

Does having a child together remove the partner visa sponsor limit?

No. Having a child together does not remove the limit in regulation 1.20J(1). The limit applies according to the sponsor's earlier sponsorships and the dates involved. What the child does is support a waiver under regulation 1.20J(2), which allows the sponsorship to be approved where there are compelling circumstances affecting the sponsor.

That distinction matters in every partner visa sponsor limit children together case. A waiver is a discretion. It is not automatic. The officer must consider it in every case, because the Department's instruction states that "as a matter of law, all cases must be assessed against the provisions of regulation 1.20J(2)", but the officer still has to be satisfied that the circumstances are compelling. A birth certificate on its own rarely does that work.

The FAQ on whether having a child together helps a partner visa explains how a child affects the ordinary relationship assessment, which is a different question from the waiver.

Why the child is about the sponsor

Regulation 1.20J(2) refers to compelling circumstances affecting the sponsor. In a partner visa sponsor limit children together case, the child matters because of what refusal would do to the sponsor as a parent: separation from the child, the loss of a co-parent, the burden of raising the child alone, or the pressure to leave Australia to keep the family together. The submission should be written from that angle. The guide to partner visa compelling and compassionate circumstances covers the related Schedule 3 test, which is different, and the overview of what the Australian partner must do as a partner visa sponsor explains the sponsor's role.

What does "a dependent child who is dependent on each of them" mean?

It means a child who relies on both the sponsor and the applicant for care, support or financial maintenance. The policy wording has three parts, and each matters in a partner visa sponsor limit children together case:

• "The applicant and their sponsor have a dependent child". The policy is directed at a child of the couple. A child of both partners is the clearest case.
• "Dependent". The child must actually depend on the parents. A young child who lives with the parents is plainly dependent. An adult child who is independent is not.
• "On each of them". The child must depend on both the sponsor and the applicant, not only on one of them.

The third element is where many cases are won or lost. If the applicant lives overseas and the child lives with the applicant, the sponsor must show real dependence on the sponsor too: regular financial support, frequent contact, visits, involvement in decisions and a plan for the family to live together. If the child lives in Australia with the sponsor, the sponsor must show the child's dependence on the applicant, for example through the applicant's caring role during visits or before the separation caused by the visa process.

Biological, adopted and stepchildren

A biological or adopted child of both partners fits the policy example most directly. The policy example does not expressly mention a stepchild. A stepchild who depends on the sponsor can still be part of a partner visa sponsor limit children together argument, as one of the sponsor's broader circumstances, but it should be presented carefully and with evidence of the sponsor's actual parental role. The guide to partner visa stepchildren explains how stepchildren are treated in partner visa applications generally.

What "dependent" looks like in evidence

Dependence is shown through daily life: who feeds, houses, clothes and cares for the child, who pays for school and medical costs, and who makes decisions. The guide to partner visa child dependency evidence explains the documents that prove dependence, and the guide to partner visa dependent children over 18 explains the special rules for older children.

What situations does a partner visa sponsor limit children together case cover?

A partner visa sponsor limit children together case can take several forms. The scenarios below are general illustrations only, not client stories, but they show how the same policy example applies in different families.

• The sponsor sponsored an earlier partner four years ago and now has a baby with a new partner. The sponsor is caught by regulation 1.20J(1)(b). This partner visa sponsor limit children together scenario turns on the baby's dependence on both parents and on whether the five years will pass before decision.
• The sponsor came to Australia on a partner visa, the relationship ended, and the sponsor now has a child with a new partner. The sponsor is caught by regulation 1.20J(1)(c). The FAQ on whether you can sponsor a partner if you were sponsored on a partner visa explains the limit itself.
• The sponsor has already had two approved sponsorships and now has children with a third partner. The lifetime limit in regulation 1.20J(1)(a) never expires, so a partner visa sponsor limit children together waiver is the only route. The FAQ on whether a lawyer can help if your sponsor has sponsored a partner before explains why advice matters here.
• The couple are expecting their first child. A pregnancy is not one of the four policy examples, but it is relevant, and the birth may happen before the decision.
• The sponsor is raising children from an earlier marriage after the earlier spouse left. This is the third policy example: abandonment with children dependent on the sponsor.

In each partner visa sponsor limit children together scenario, the core question is the same: what would refusal do to the sponsor as a parent?

Why is a child the strongest partner visa sponsor limit ground?

A child is often the strongest ground because it is the first example in the Department's policy and because the effect of refusal on a parent is easy to understand and hard to dispute. Refusing the sponsorship can separate a parent from a child, leave one parent to raise the child alone, or force the family to choose between Australia and staying together.

The Department's policy also says the purpose of the limit "is to prevent abuse of the partner/fiance migration provisions". A partner visa sponsor limit children together case speaks directly to that purpose, and the submission should say so. A couple who have created a family together are less likely to be engaged in the kind of repeat or careless sponsorship that the limit was designed to stop. That does not guarantee a waiver, but it is a powerful point when supported by evidence of a genuine shared family life.

In 2004843 (Migration) [2023] AATA 4514, a Subclass 820 matter, the Tribunal remitted the application on issues recorded as 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 are weighed in a related compelling test.

A child does not cure other problems

A child does not answer every concern in a partner visa sponsor limit children together case. If the Department doubts that the current relationship is genuine, that must be addressed separately. If the sponsor has failed to disclose earlier sponsorships, the credibility damage remains. If the sponsor has relevant criminal convictions, regulations 1.20KB, 1.20KC and 1.20KD raise separate issues. The guide to the genuine and continuing relationship requirement and the guide to a partner visa sponsor with a criminal record explain those separate tests.

Does a pregnancy count in a partner visa sponsor limit children together case?

Yes, a pregnancy can be relevant, although it is not one of the four policy examples. The policy examples are not exhaustive, and every aspect of the sponsor's circumstances is relevant. A pregnancy shows that the couple are building a family, and it raises the prospect that, by the time of decision, there will be a dependent child of both partners.

In a partner visa sponsor limit children together case based on a pregnancy, the sponsor should provide:

• medical confirmation of the pregnancy and the expected date of birth;
• evidence of the sponsor's involvement, such as attendance at appointments, financial support and planning for the birth;
• an explanation of the effect on the sponsor of being separated from the partner and child during and after the birth; and
• updated evidence promptly once the child is born.

The guide to partner visa pregnancy explains how a pregnancy affects a partner visa generally, and the guide to partner visa pregnancy and medical tests explains the health examination issues. Where the applicant is onshore without a substantive visa, the guide to the Schedule 3 waiver when your partner is pregnant explains that separate test.

Partner visa sponsor limit children together: what if a child is born during processing?

A child born while the application is being processed can be relied on, because sponsorship approval, including the waiver, is a time of decision criterion. The Department decides the sponsorship as part of the visa decision, on the circumstances that exist when it decides. Approval of the sponsorship is required at the time of decision under clauses 820.221, 309.222 and 300.222.

In practical terms, a partner visa sponsor limit children together case can strengthen during processing. A partner visa sponsor limit children together submission lodged during a pregnancy should be updated as soon as the child is born. The sponsor should:

• tell the Department about the birth promptly through the applicant's ImmiAccount or the appointed representative;
• provide the birth certificate showing both parents;
• update the waiver submission to explain the child's dependence on each parent and the effect of refusal on the sponsor; and
• consider whether the child should be added to the application.

The FAQ on how to add a newborn baby to a partner visa application and the FAQ on whether you can add a child after lodging a partner visa application explain how the child is added, and the guide to adding children to a partner visa sets out the process in more detail.

What if the child is an Australian citizen?

A child born in Australia to a parent who is an Australian citizen or permanent resident at the time of birth is generally an Australian citizen by birth. A child born overseas to an Australian citizen parent may be eligible for citizenship by descent. A child who is an Australian citizen does not need a visa, but the child's citizenship strengthens the sponsor's ties to Australia and the hardship of being forced to choose between Australia and the family. The FAQ on whether a baby is automatically an Australian citizen if a partner is Australian explains the basic position.

Can a child born after a refusal help a partner visa sponsor limit children together review?

Yes. The Administrative Review Tribunal decides the matter afresh on the law and facts at the time of its own decision. In a partner visa sponsor limit children together case, a child born after the Department's refusal can be relied on at the Tribunal as part of the compelling circumstances. The Tribunal can also take into account that a five year limit has ended by the time of its decision. The FAQ on whether getting married or having a child after a refusal can help a review explains this, and the FAQ on new evidence at Tribunal review explains how new evidence is provided.

Do children from a previous relationship count?

Yes, in a specific way, and these children often form part of a partner visa sponsor limit children together argument. The third policy example is where "the previous spouse abandoning the sponsor and there are children dependent on the sponsor requiring care and support." This covers the sponsor whose earlier partner left, leaving the sponsor to raise children alone. In that partner visa sponsor limit children together scenario, the children are not children of the current couple, but they depend on the sponsor, and the sponsor's need for a partner to help with their care and support is a recognised compelling circumstance.

The evidence in a partner visa sponsor limit children together case based on abandonment should show:

• the children's relationship to the sponsor, through birth certificates or adoption records;
• the earlier partner's departure, through separation documents, messages or Form 888 statements;
• the children's dependence on the sponsor, including who has care and who pays;
• any parenting orders and the absence or limited role of the other parent; and
• the role the new partner plays, or will play, in the children's lives.

In Mayu (Migration) [2021] AATA 2301, a Subclass 820 matter, the Tribunal remitted the application on issues recorded as two previous sponsorships, compelling circumstances affecting the sponsor, and the first husband having left after obtaining permanent residency. The guide to partner visa child custody and consent explains how parenting arrangements are documented.

Blended families

Many sponsors in a partner visa sponsor limit children together case have a blended family: a child with the current partner and children from earlier relationships. Each child's position should be explained separately. The combined effect on the sponsor, as the parent who holds the family together, is often greater than any one child alone. The FAQ on whether you can include your partner's children in a partner visa and the guide to partner visa non-migrating children explain how children who are and are not migrating are treated.

How are the earlier sponsorships weighed against the children?

In a partner visa sponsor limit children together case, the decision maker still looks at the sponsor's earlier sponsorships. The Department's policy says that the purpose of the limit should be kept in mind, and it discusses "innocent sponsor" claims, where a sponsor says the earlier relationship was genuine and the sponsor was blameless in its failure. Whether that matters depends on whether the bona fides of the earlier relationship can be established and whether the earlier sponsorship was "careless", meaning made on the assumption that the sponsor could simply try again.

Children change the balance, but they do not remove the question. A partner visa sponsor limit children together submission should therefore:

• explain each earlier relationship honestly, including how and why it ended;
• show that the earlier relationship was genuine at the time, where that is true;
• address any concern that the sponsor has a pattern of short relationships; and
• show that the current family is stable, with the child at its centre.

The article on partner visa previous relationships explains how earlier relationships are assessed, and the guide to a partner visa sponsor with their own visa history problems explains why the sponsor's records are checked. Where the sponsor has had two earlier sponsorships, the Tribunal remittal in Ho (Migration) [2023] AATA 4220, a Subclass 820 matter recorded with the issues lifetime limit of two approved sponsorships, waiver and compelling circumstances, shows that the lifetime limit can be the subject of a waiver argument.

Are the best interests of the child considered?

The best interests of the child are relevant, but they are not a separate legal test under regulation 1.20J(2) in a partner visa sponsor limit children together case. The waiver turns on compelling circumstances affecting the sponsor. In a partner visa sponsor limit children together case, the child's interests usually feed into that test, because harm to the child is also harm to the parent.

Australia is a party to the Convention on the Rights of the Child. The Department's instruction on the best interests of minor children notes that the Convention states that "in all actions concerning children ... the best interests of the child shall be a primary consideration", while also noting that it "is not the only consideration and can be outweighed by other factors". That instruction deals mainly with public interest criteria for child applicants, so it should be referred to with care in a sponsorship submission. The practical point is simple: a submission should explain what refusal would mean for the child, and then show what that means for the sponsor.

What to say about the child's interests

Useful points include:

• the child's need for both parents and the bond with each of them;
• the child's schooling, health and stability;
• any special needs or disability, supported by professional reports;
• the effect on the child of living apart from one parent; and
• the effect on the child of relocating to another country.

The guide to a partner visa with a child with a disability explains the additional evidence needed where a child has special needs.

What if the sponsor would have to leave Australia to keep the family together?

That is one of the key factors in the Department's policy. Decision makers look at "the extent and importance of the ties the sponsor has to Australia", and at the hardship the sponsor would suffer if the sponsorship were refused and the sponsor felt compelled to leave Australia to maintain the relationship. In a partner visa sponsor limit children together case, the pressure to leave is usually stronger, because the sponsor is trying to keep a parent and child together.

The sponsor should explain:

• the sponsor's own ties to Australia, such as citizenship, family, work, property and community;
• the child's ties to Australia, such as citizenship, school, healthcare and extended family;
• any children from earlier relationships who live in Australia and could not move;
• why living in the applicant's country is not realistic for the sponsor and the child; and
• the cost and disruption of keeping two households running.

A partner visa sponsor limit children together case that shows both the sponsor's ties and the child's ties to Australia is far stronger than one that relies on the birth certificate alone. The guide to the partner visa sponsor requirements and the article on a partner visa sponsor living overseas explain where the sponsor must be based.

What evidence proves a partner visa sponsor limit children together case?

Evidence in a partner visa sponsor limit children together case must prove four things, and each one needs its own documents: that the child exists and is the child of both partners, that the child depends on each of them, that the sponsor plays a real parenting role, and that refusal would cause compelling hardship to the sponsor. The sponsor's statement explains the story. The documents prove it. A partner visa sponsor limit children together statement should be written by the sponsor, in the sponsor's own words, and checked carefully against every document.

Parentage

• Birth certificates naming both parents.
• Adoption orders where relevant.
• Where a birth certificate does not name the sponsor, other evidence of parentage. DNA testing is not routinely required, but it may be appropriate where parentage is unclear or questioned. The FAQ on what to do if you cannot get a birth or marriage certificate explains alternatives.

Dependence on each parent

• Evidence of where and with whom the child lives.
• Financial support: money transfers, payment of school fees, medical bills and childcare.
• School, childcare and medical records naming each parent.
• Communication records showing regular contact between the sponsor and the child.
• Travel records showing visits.

The FAQ on money transfers as relationship evidence and the FAQ on travel together as partner visa evidence explain how those records are presented.

The sponsor's parenting role

• Photographs over time, with dates and places.
• Evidence of attendance at medical appointments, school events and milestones.
• Form 888 statements from Australian citizens or permanent residents who have seen the sponsor with the child. The guide to Form 888 witness statements and the FAQ on what a Form 888 should say explain how these are prepared.

Hardship to the sponsor

• Medical or psychological reports on the effect of separation on the sponsor.
• Evidence of the sponsor's employment and why it cannot be moved.
• Evidence of other dependants in Australia.
• Evidence of the cost of maintaining two households and of travel.

The guide to partner visa relationship evidence and the article on organising partner visa evidence explain how evidence should be arranged so that a decision maker can follow it. Documents not in English need accurate translations, as explained in the guide to partner visa evidence translation.

How should a partner visa sponsor limit children together submission be structured?

A partner visa sponsor limit children together submission should follow a clear order, so the decision maker can see the limit, the test and the evidence in one place:

• The limit. Which part of regulation 1.20J(1) applies, with the dates of each earlier visa application and grant.
• The test. Regulation 1.20J(2), the duty to consider it in every case, and the policy example of a dependent child who is dependent on each of them.
• The family. Each child, their age, where they live, and their relationship to each partner.
• Dependence. How each child depends on each parent, with document references.
• Effect on the sponsor. What refusal would mean for the sponsor as a parent, including the pressure to leave Australia.
• Earlier sponsorships. Why the earlier relationships were genuine and how they ended, to answer any concern about careless sponsorship.
• Other compelling circumstances. Health, length of relationship or a history of family violence, where relevant.
• Evidence index.

The guide to partner visa compelling reasons waiver evidence explains how evidence is linked to each claim, and the guide to Form 40SP, the sponsorship form explains where earlier sponsorships are declared. Full disclosure of earlier sponsorships is essential. The Department checks its own sponsorship records, and non-disclosure damages credibility and can raise public interest criterion 4020 issues for the applicant, as explained in the guide to partner visa PIC 4020.

Should the child be included in the partner visa application?

Usually, yes, if the child is not an Australian citizen and is migrating with the applicant. In a partner visa sponsor limit children together case, including the child also keeps the family's position in one application. A dependent child can be included as a secondary applicant. Including the child also places the child's circumstances squarely before the decision maker.

Points to check in a partner visa sponsor limit children together case:

• Consent. If a child of the applicant has another parent who is not migrating, that parent's consent may be needed, usually through Form 1229. The guide to Form 1229 for a partner visa, the FAQ on whether you need the other parent's consent for a child to migrate and the guide to a partner visa without the other parent's consent explain the options.
• Cost. Additional applicant charges apply. The FAQ on how much extra it costs to include children in a partner visa explains the charges.
• Age. Children approaching 18 or 23 raise special dependency issues, explained in the guides to a partner visa child turning 18 and a partner visa child turning 23.
• Non-migrating children. Children who are not migrating may still need to be declared and may need health checks, as explained in the FAQ on whether children who are not migrating need health checks.

The FAQ on whether you can include your children in a partner visa application and the FAQ on whether a lawyer can help include your children in a partner visa give short answers.

What if the child is refused with the parent?

If the sponsorship is not approved, the primary applicant's visa is refused, and a child included as a secondary applicant is affected by the same decision. Where a child holds a separate visa, such as a Subclass 445 Dependent Child visa, separate rules apply. The FAQ on what happens to a child's 445 visa if a partner visa is refused and the FAQ on the Subclass 445 Dependent Child visa explain that position.

What if the couple separate after the child is born?

If the couple separate, the partner visa sponsor limit children together argument usually falls away, and the applicant's position changes too. A partner visa sponsor limit children together case depends on a continuing relationship, because the sponsorship is for a partner. If the relationship has ended, the sponsorship question is replaced by other provisions. For a Subclass 820 or Subclass 309 applicant whose relationship has ended, subclauses 820.221(3) and 309.221(3) allow grant in certain cases where the applicant has custody, joint custody or access to a child and the sponsor has court-ordered custody or access rights or a formal maintenance obligation, or where there has been family violence.

Several remitted Tribunal matters have recorded a child as an issue after a relationship ended. Phan (Migration) [2020] AATA 513, a Subclass 820 matter, was remitted on issues recorded as relationship ceased, sponsorship withdrawn, and child of the relationship. Rafique (Migration) [2020] AATA 1827, also Subclass 820, was remitted on issues recorded as withdrawal of sponsorship, relationship ceased, child, and validly married. Those matters concern the applicant's position after separation, not the sponsor's waiver, and are mentioned only for context.

The FAQ on whether a lawyer can help with a partner visa when a couple has a child together but separated and the guide to what happens to a Subclass 820 application if the relationship breaks down explain the options. Where violence is involved, the page on partner visa family violence matters explains how My Migration Lawyers assists. Anyone in immediate danger should call 000.

Do children also help with Schedule 3 and the two-year wait?

Yes, children can be relevant to other partner visa tests, but those are separate from the sponsorship waiver. Two examples:

• Schedule 3. An onshore applicant without a substantive visa may need compelling reasons to waive Schedule 3 criteria. In 1901805 (Migration) [2021] AATA 1139, a Subclass 820 matter, the Tribunal remitted the application on issues recorded as compelling reasons to waive Schedule 3, prohibited from being a sponsoring partner, and child of the relationship. That matter shows that sponsorship and Schedule 3 issues can arise together. The page on the Schedule 3 waiver and the guide to the Schedule 3 partner visa waiver explain that test.
• Long-term partner relationship. Under subclause 801.221(6A), an applicant who, at the time of application, was in a long-term partner relationship with the sponsor may be granted the permanent Subclass 801 visa straight after the Subclass 820, without the usual two-year wait. A long-term partner relationship means at least three years, or at least two years if there is a dependent child of both partners (other than a stepchild). The FAQ on whether you can get the 801 permanent partner visa straight away and the guide to a long-term relationship partner visa explain this.

What are the common mistakes in a partner visa sponsor limit children together case?

The most common mistakes in a partner visa sponsor limit children together case are avoidable:

• Assuming the child removes the limit. It does not. The child supports a waiver, which is discretionary.
• Providing only a birth certificate. The policy example requires dependence on each parent, which needs more than proof of birth.
• Writing only about the applicant or the child. The circumstances must affect the sponsor, so the effect on the sponsor as a parent must be explained.
• Not updating the Department. A pregnancy, a birth or a change in care arrangements should be reported promptly, because the waiver is decided at the time of decision.
• Failing to disclose earlier sponsorships. The Department checks its records. Non-disclosure damages credibility far more than the history itself.
• Ignoring consent issues. If a child of the applicant has another parent overseas, consent problems can delay or derail the application.
• Missing the review deadline. The 28 day deadline cannot be extended.

The guide to partner visa refusal reasons and the guide to a partner visa sponsor risk assessment before lodgement help sponsors avoid these errors before lodging, and the guide to section 57 adverse information explains how to respond if the Department raises concerns.

What if the Department still refuses the sponsorship?

If the Department does not accept that the children establish compelling circumstances in a partner visa sponsor limit children together case, the sponsorship is not approved and the visa is refused. The decision can be reviewed by the Administrative Review Tribunal. The commercial page on partner visa refusals explains how My Migration Lawyers handles refusals, and the FAQ on what happens if a partner's sponsorship is refused gives a short answer.

In a partner visa sponsor limit children together review:

• Deadline: 28 days after the applicant is notified, or 7 days in immigration detention. It cannot be extended. See the FAQ on the review deadline for a partner visa refusal.
• Who lodges: the applicant for a Subclass 820 or Subclass 309 refusal, and the sponsor for a Subclass 300 refusal. See the FAQ on who applies for review of an offshore refusal.
• Fee: $3,727 for fees paid on or after 1 July 2026, with a 50% reduction for financial hardship and a 50% refund if the decision is set aside or remitted. See the guide to partner visa ART fees.
• New evidence: the Tribunal decides on the facts at the time of its decision, so a child born after the refusal, or new evidence of dependence, can be relied on. See the guide to ART evidence.

The FAQ on how to challenge a refusal involving sponsorship limitations, the guide to the partner visa ART review process and the urgent page on visa refusal review explain the next steps. An onshore Subclass 820 applicant's Bridging visa A generally continues while a valid review is pending, as explained in the FAQ on bridging visa status after a partner visa refusal.

How My Migration Lawyers helps sponsors with children caught by the limit

My Migration Lawyers acts for Australian sponsors in partner visa sponsor limit children together matters, where a family has been built but the sponsor's earlier sponsorship history stands in the way. The firm handles many sponsorship limitation matters involving children, from pregnancies and newborns to blended families and older children from earlier relationships. These are complex cases, because they combine regulation 1.20J, parenting evidence, consent issues and often Schedule 3 or review deadlines. My Migration Lawyers is equipped to manage each of those parts together, so that a partner visa sponsor limit children together case is presented as one clear story.

In a partner visa sponsor limit children together matter, the firm can:

• confirm which limit applies and whether a five year date will pass before decision;
• build the waiver submission around the child's dependence on each parent and the effect on the sponsor;
• gather parentage, dependence and parenting evidence, including Form 888 statements;
• advise on adding a newborn or other children to the application, and on consent;
• update the submission as the family changes during processing; and
• prepare and present a 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 the complex partner visa lawyer and the FAQ on whether a partner visa lawyer handles complex cases explain how the firm approaches matters like these. Sponsorship limitation matters are supervised by Weiwei Zhang, Principal Lawyer.

If you have a child with your partner, or a child on the way, and an earlier sponsorship is in the way, a partner visa sponsor limit children together case deserves careful preparation from the start. Book a Consultation with My Migration Lawyers, or call 1300 040 300.