Partner Visa Sponsor Who Recently Became a Permanent Resident

A partner visa sponsor, new permanent resident status in hand, is often keen to lodge the same week the grant letter arrives. That is understandable. But the partner visa sponsor new permanent resident position carries risks that long-standing residents rarely face. The way you became a permanent resident can stop you sponsoring for 5 years. What you declared about your partner in your own application will be read side by side with the new one. And a permanent resident, unlike an Australian citizen, must be usually resident in Australia to sponsor at all.

This guide is written for the Australian sponsor who has only just been granted permanent residence and now wants to sponsor a spouse, de facto partner or fiancé. It explains who can sponsor, the 5-year rule in regulation 1.20J(1)(c) for people who were themselves sponsored as partners, the 5-year rule in regulation 1.20KA for Contributory Parent visa holders, the compelling circumstances waiver, the declarations problem, the timing of lodgement and the usually resident test. It also sets out what published Tribunal decisions show about sponsors in exactly this position.

If you are unsure whether you can sponsor yet, the firm's partner visa sponsorship limitation lawyers check eligibility before anything is lodged, and our partner visa lawyers act in Subclass 820, Subclass 801, Subclass 309, Subclass 100 and Subclass 300 matters across Australia.

Can a new permanent resident sponsor a partner visa?

Yes. A new permanent resident can sponsor a partner visa, provided they hold permanent residence on the day the application is made, are usually resident in Australia, and are not caught by a sponsorship limitation such as regulation 1.20J(1)(c) or regulation 1.20KA. There is no general waiting period simply because the permanent visa is new. The waiting periods that exist apply only to people who became permanent residents through particular visas.

The partner visa rules require the applicant to be the spouse or de facto partner of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and to be sponsored by that person. For the onshore Subclass 820, this is set out in clause 820.211(2). For the offshore Subclass 309, it is in clauses 309.211 and 309.213. The Subclass 820 partner visa, the Subclass 309 partner visa and the Subclass 300 prospective marriage visa all follow the same basic sponsor structure.

So the short answer for any partner visa sponsor: new permanent resident status is enough, but only once the limitation and residence questions have been answered. Our FAQ on who can sponsor a partner visa sets out the three groups of eligible sponsors, and our guide to partner visa eligibility covers the applicant's side of the criteria.

Partner visa sponsor: new permanent resident checklist before lodging

Before a partner visa sponsor, new permanent resident or otherwise, signs anything, five questions should be answered in writing. Each one can, on its own, cause a refusal of the sponsorship or the visa.

• Has the permanent visa actually been granted? A pending permanent visa application does not make a person a permanent resident. The grant notice is the starting point.
• Which visa made you a permanent resident? If it was a Subclass 801, Subclass 100 or another visa obtained as a sponsored partner or fiancé, regulation 1.20J(1)(c) must be checked. If it was a Contributory Parent visa (Subclass 143 or Subclass 864), regulation 1.20KA must be checked.
• When was your own application made? For regulation 1.20J(1)(c), the 5 years run from the date your own sponsored application was made, not from the date it was granted.
• What did you declare about this partner? Your own visa forms, Form 80, any change of circumstances notices and any interview answers must be consistent with the relationship history you will now give.
• Are you usually resident in Australia? A permanent resident sponsor must be usually resident in Australia. A newly granted permanent resident who is still living overseas needs to look at this closely.

The partner visa sponsor new permanent resident questions are not paperwork formalities. They decide whether the sponsorship can be approved at all. Our partner visa checklist covers the applicant's documents, and our FAQ on sponsor documents for a partner visa explains what the sponsor provides.

Why your permanent residence pathway matters to a partner visa sponsor: new permanent resident risks

The visa that made you a permanent resident is the single most important fact for a partner visa sponsor, new permanent resident or not, because two of the sponsorship limitations are tied to how permanent residence was obtained. Most permanent visas carry no sponsorship waiting period at all. Two groups do.

Permanent residence through a partner or prospective marriage visa

If you became a permanent resident because you were sponsored as a spouse, de facto partner or fiancé, regulation 1.20J(1)(c) applies to you. This is the most common partner visa sponsor new permanent resident problem. A person who was granted a Subclass 801 after a Subclass 820, or a Subclass 100 after a Subclass 309, or who came through a Subclass 300, was sponsored as a partner. If that relationship has ended and there is a new partner, the 5-year rule must be checked before anything is lodged. Our FAQ on whether a sponsored partner can sponsor a new partner gives a short answer, and our guide on partner visa sponsorship limitations explains the full set of rules.

Permanent residence through a Contributory Parent visa

If you became a permanent resident through a Contributory Parent visa, and you were already in a spouse or de facto relationship with the person you now want to sponsor on or before that permanent visa was granted, regulation 1.20KA applies. This rule exists to stop the parent visa pathway being used to bring a partner who could have been included or sponsored in another way. Our FAQ on parents and partner visas touches on the family overlap.

Permanent residence through other visas

If you became a permanent resident through a skilled, employer sponsored, family, business or humanitarian visa, neither 5-year rule applies to you. The partner visa sponsor new permanent resident question then turns on the other issues in this guide: whether the visa has been granted, what you declared about your partner, and whether you are usually resident in Australia. Our FAQ for a former refugee sponsoring a partner deals with one common version of this situation, where the declarations made in the earlier application are particularly important.

Regulation 1.20J(1)(c): the 5-year rule for sponsors who were sponsored themselves

Regulation 1.20J(1)(c) provides that a person who was themselves sponsored as a spouse, de facto partner or fiancé cannot have a partner or prospective marriage sponsorship approved until at least 5 years after their own visa application was made. For a partner visa sponsor, new permanent resident status obtained through a partner visa is exactly the trigger for this rule.

Regulation 1.20J also contains two other limits. Regulation 1.20J(1)(a) limits a person to 2 approved partner or prospective marriage sponsorships in a lifetime. Regulation 1.20J(1)(b) prevents a new sponsorship being approved until at least 5 years after an earlier sponsored application was made. A new permanent resident who was sponsored as a partner may also have sponsored someone else before. All three limbs must be checked together. A partner visa sponsor, new permanent resident or not, who has a history of earlier sponsorships needs a date for each limb. The Department's policy treats only sponsorships that led to a visa grant as counting for these purposes.

When the 5 years start

The 5 years under regulation 1.20J(1)(c) start on the date the sponsor's own visa application was made. That is the date the sponsor lodged their own partner or prospective marriage application, not the date they were granted permanent residence.

This point is widely misunderstood, and it works in the sponsor's favour. A sponsor who applied for a combined Subclass 820 and Subclass 801 and waited years for the permanent stage may find that much of the 5 years has already run by the time permanent residence is granted. A partner visa sponsor, new permanent resident for only a few weeks, may therefore be closer to the end of the limitation period than they think. The opposite is also true. A sponsor who lodged a Subclass 309 and was granted the Subclass 100 quickly may have years still to wait. Our explanation of the Subclass 820 and Subclass 801 two-stage process explains why the application date and the grant date are often far apart.

When the 5 years end

The 5 years are measured to the date the new sponsorship is approved or refused, which is the time of decision. They are not measured to the date the new application is lodged. This is the most practical rule in the whole partner visa sponsor new permanent resident analysis. Time that passes while the Department processes the new application, or while the Administrative Review Tribunal reviews a refusal, counts.

That does not mean it is safe to lodge early and wait. A delegate may decide the sponsorship before the 5 years end, and the decision will then be a refusal. The partner visa application charge is not refunded if the application is refused. Whether lodging before the 5 years end is sensible depends on how far away the end date is, where the applicant is, and what other options exist. Our guides to partner visa processing times and partner visa priority processing explain why no one can predict a decision date with precision.

What counts as being sponsored

The rule applies where the sponsor was granted a visa on the basis of being sponsored as a spouse, de facto partner or fiancé. A permanent resident who came as a dependent child of a partner visa applicant, or who was a secondary applicant on a skilled visa, was not sponsored as a partner in that sense. For a partner visa sponsor, new permanent resident status through a family or skilled pathway is therefore outside this rule. The exact basis on which your own visa was granted should be confirmed from the grant notice and the application record, not from memory. Our guide on getting a copy of your partner visa application and our explanation of a partner visa FOI request show how a sponsor can obtain their own earlier records.

Regulation 1.20KA: the Contributory Parent visa rule for a new permanent resident sponsor

Regulation 1.20KA provides that a person granted a permanent Contributory Parent visa (Subclass 143 or Subclass 864) on or after 1 July 2009 cannot sponsor a spouse or de facto partner for 5 years from the date of grant, if they were already in that relationship on or before the grant. For a partner visa sponsor, new permanent resident status through a parent visa therefore needs a separate check that has nothing to do with regulation 1.20J.

Three features of regulation 1.20KA matter:

• The 5 years run from grant. Unlike regulation 1.20J(1)(c), the starting point is the grant of the Contributory Parent visa, not the date of application.
• It applies only to an existing relationship. If the relationship began after the Contributory Parent visa was granted, regulation 1.20KA does not apply to that partner. The relationship start date therefore becomes a central fact, and it must be consistent with what was said in the parent visa application.
• The waiver excludes financial reasons. The limitation can be waived only where there are compelling circumstances, and those circumstances cannot be finance-related.

A couple who were married, separated and then re-married need particular care, because the question is whether a spouse or de facto relationship existed on or before the grant. The Tribunal decision in Ly (Migration) [2022] AATA 409, discussed below, involved a Contributory Parent visa holder sponsor whose parties had re-married in Australia. The partner visa sponsor new permanent resident rules for parent visa holders turn closely on these dates. Our guide to Subclass 820 relationship breakdown is relevant where an earlier relationship has ended.

Can the sponsorship limitation be waived for compelling circumstances?

Yes, but only where there are compelling circumstances, and the circumstances must affect the sponsor. Regulation 1.20J(2) allows the Minister to approve a sponsorship despite regulation 1.20J(1) if there are compelling circumstances affecting the sponsor. Regulation 1.20KA has its own waiver for compelling circumstances that are not financial.

"Compelling" is a high bar. A genuine relationship is not itself a compelling circumstance, because every partner visa requires a genuine relationship. The wish to be together sooner, the cost of separation and ordinary inconvenience are generally not enough. Circumstances that have been put forward in published decisions include the sponsor's serious health issues, a long-standing dependent relationship, children of the relationship and the reasons the sponsor's earlier relationship ended. The partner visa sponsor new permanent resident waiver must be supported by evidence, not assertion.

For a partner visa sponsor, new permanent resident status that came through an earlier partner visa often carries a sensitive history. Where the earlier relationship ended because of family violence, for example, the sponsor's own account and supporting documents may be relevant to compelling circumstances. The firm's family violence partner visa lawyers deal with those histories, and our guide to partner visa compelling circumstances explains how the concept is applied. Our FAQ on challenging a refusal based on sponsorship limitations covers the review route.

The waiver is decided on the circumstances at the time of decision. A sponsor who has an arguable case for compelling circumstances, and a 5-year end date that is near, may have two separate ways to satisfy the sponsorship criterion. A sponsor whose end date is years away and whose circumstances are ordinary should be told plainly that lodging now is likely to fail.

What did you declare about your partner in your own permanent visa application?

Everything you told the Department about your relationship status in your own permanent visa application will be compared with what you and your partner say now. For a partner visa sponsor, new permanent resident status is recent, so the earlier application is fresh on the Department's file and easy to compare. This is the issue that new permanent residents most often overlook, and it is the part of a partner visa sponsor: new permanent resident review that takes the most care.

Most visa applications ask about marital and relationship status, about members of the family unit and about non-migrating family members. Form 80 asks about relationships and family. A visa applicant must also tell the Department about changes in circumstances while the application is undecided, including a new relationship or a marriage, under section 104 of the Migration Act 1958 using Form 1022. Our guides to Form 80 for a partner visa, Form 1022 change of circumstances and Form 1022 for a partner visa explain these obligations.

The undeclared partner

The difficult case is a sponsor who was already in a relationship with the person they now want to sponsor while their own permanent visa application was being processed, but who said they were single, or did not include or declare the partner. That can happen for many reasons. The sponsor may have misunderstood the form, may have thought a de facto relationship did not count, or may have been badly advised. Whatever the reason, the new partner visa will contain a relationship history that does not match the earlier application.

Depending on the visa and the relationship, a partner who existed at the time may have been a member of the sponsor's family unit who could have been included in the earlier application, or who had to be declared as a non-migrating family member. Our guide to undeclared relationships and partner visas and our article on a secret relationship and a partner visa explain the issue from the applicant's side.

Inconsistent relationship start dates

A common form of the problem is a start date that moves. In the sponsor's own application the relationship may not appear at all, or it may appear with one date. In the partner visa it may appear with an earlier date, because the couple want to show a long relationship. A partner visa sponsor, new permanent resident or not, should never shift a start date to make the evidence look stronger. The relationship statement must be true and must be reconciled with the earlier record. Our guides to the partner visa relationship timeline, conflicting statements in partner visas and writing a partner visa relationship statement explain how consistency is assessed.

The PIC 4020 risk for the applicant

Public interest criterion 4020 allows a partner visa to be refused where the applicant provides, or has provided, false or misleading information or a bogus document, and a refusal on that ground can affect later applications. The risk usually attaches to what the applicant says, but the applicant's forms and the sponsor's forms are lodged together, and an applicant who repeats an inaccurate history to match the sponsor's earlier declarations takes on that risk directly. Our guides to partner visa PIC 4020, partner visa false information refusals and the difference between an honest mistake and a PIC 4020 finding explain the test.

The correct response to an earlier inaccuracy is to identify it and deal with it honestly, not to repeat it. A partner visa sponsor new permanent resident file with a disclosed and explained inconsistency is a very different matter from one where the Department discovers it.

Questions about the sponsor's own visa

In some cases, a significant inaccuracy in the sponsor's own permanent visa application may raise questions about the sponsor's own visa, not only about the new application. The Migration Act contains powers to cancel a visa where incorrect information was given in the visa application. Whether that risk is real depends heavily on the facts, the visa, what was said and why. This is not a question to answer from a general article. A sponsor in this position should obtain confidential legal advice before lodging any sponsorship, and the firm's visa cancellation lawyers advise on that risk. For a partner visa sponsor, new permanent resident status is too valuable to put at risk by lodging first and asking later. Our guide to partner visa incorrect answers explains how errors in forms are approached.

Should a new permanent resident lodge only after the permanent visa is granted?

Yes. A partner visa should be lodged only after the sponsor's permanent visa has been granted, because sponsor status is a time of application criterion. Under clause 820.211(2), the applicant must be the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen at the time the application is made. A person whose own permanent visa application is still pending is not yet a permanent resident.

A partner visa lodged a few days early is not cured when the sponsor's permanent visa is granted the following week. The time of application criterion looks at the day of lodgement. The partner visa application charge, AUD 11,710 for most applicants according to the Department of Home Affairs (checked October 2026, and charges usually change each 1 July), is not refunded if the application is refused or withdrawn. Our guides to partner visa costs and partner visa fee increases explain the charge.

For the partner visa sponsor, new permanent resident timing also interacts with the 5-year rules. A grant that arrives does not reset or start the regulation 1.20J(1)(c) clock, because that clock started on the date of the sponsor's own application. But for regulation 1.20KA, the grant of the Contributory Parent visa is the start date. A sponsor who confuses the two can lodge years too early or wait years longer than needed.

The sponsorship itself, the online Form 40SP, is generally completed by the sponsor through ImmiAccount after the applicant lodges, and is not a validity requirement for Subclass 820 or Subclass 309 applications. The exception is an applicant in Australia who is subject to section 48 of the Migration Act, who needs the completed sponsorship at the time of lodgement under item 1124B(3)(e) of Schedule 1. Our FAQ on Form 40SP for a partner visa, our guide to the section 48 bar and our FAQ on extra lodgement requirements after a refusal explain those rules.

Is a new permanent resident usually resident in Australia?

Not automatically. Regulation 1.03 defines an Australian permanent resident as a non-citizen who is usually resident in Australia and whose continued presence in Australia is not subject to any limitation as to time imposed by law. A permanent resident sponsor must therefore be usually resident in Australia. An Australian citizen sponsor has no equivalent requirement.

For most new permanent residents who have lived in Australia for years on temporary visas, the usually resident test is not a concern. It becomes a live issue for a partner visa sponsor, new permanent resident status granted while living overseas, or for a sponsor who has spent long periods abroad since grant. Whether a person is usually resident turns on their physical residence and their intention to make Australia their home. A temporary absence does not necessarily break it. A person who has never settled in Australia, or who has moved back overseas, may not meet it.

The practical steps are to show that Australia is home: a residential address, employment or business, tax residency, bank accounts, Medicare enrolment and a pattern of living here. Our guides to partner visa evidence of household, partner visa overseas travel and an extended overseas absence touch on related evidence. Our FAQ on whether an Australian living overseas can sponsor a partner explains how the position differs for citizens.

A related point is the travel facility on a permanent visa, which generally allows travel to and from Australia for 5 years from grant. A new permanent resident will rarely face an expired travel facility, but a sponsor who plans long periods overseas during the partner visa process should understand that the facility is not indefinite. Our FAQ on a sponsor overseas while a Subclass 820 is processing deals with sponsors who travel during processing.

What a partner visa sponsor, new permanent resident or long-term, undertakes

A sponsor who signs the sponsorship undertakes to provide adequate accommodation and financial assistance to meet the applicant's reasonable living needs for the first 2 years, and to tell the Department if they withdraw their support. For an applicant in Australia, the 2 years run from grant. For an applicant outside Australia, they run from arrival. The undertaking is the same for a partner visa sponsor, new permanent resident or long-standing.

There is no fixed minimum income for most partner visa sponsors, and our FAQ on a sponsor's minimum income and our guide to partner visa income requirements explain the position. A new permanent resident who has just changed jobs, or who receives government payments, should still think about how accommodation and support will be shown. Our FAQ on a sponsor receiving Centrelink payments covers that situation.

The sponsor must also provide proof of permanent residence. For a partner visa sponsor, new permanent resident evidence usually means the visa grant notice and a current passport, and the Department can confirm the visa from its own records. The sponsor's identity details in the sponsorship must match the details on the permanent visa.

Sponsor character checks

Regulations 1.20KB and 1.20KC allow a sponsorship to be refused where the sponsor has been convicted of a relevant offence, such as a violent or sexual offence, or has a significant criminal record, unless it is reasonable to approve it. Sponsors may be asked for police certificates. Further rules protect children included in the application. A new permanent resident will usually have passed character checks recently in their own application, but that does not stop the sponsor character rules applying. The partner visa sponsor new permanent resident file should therefore disclose any conviction since the sponsor's own grant. Our FAQ on a sponsor with a criminal record and our guide to partner visa character requirements explain the rules.

What happens if the sponsorship of a new permanent resident is refused?

If the sponsorship is refused, the partner visa is usually refused as well, because an approved sponsorship is a time of decision criterion under clause 820.221(4) and clause 309.222(1). The refusal can generally be reviewed by the Administrative Review Tribunal, and for a sponsorship limitation refusal the review can be particularly important because time keeps running.

An application for review must be made, and the fee paid, within 28 days after the day the decision is notified, or 7 days if the applicant is in immigration detention, under section 347(3) of the Migration Act. That time limit cannot be extended. The Tribunal fee is AUD 3,727 from 1 July 2026, with a 50% reduction available for financial hardship and a 50% refund if the decision is set aside or remitted. For a Subclass 820 refusal, the visa applicant applies for review. For a Subclass 300 refusal, the sponsor applies. Our guides to partner visa ART fees, the partner visa appeal deadline and who can lodge a partner visa appeal explain the details.

The Tribunal decides the matter on the facts at the time of its own decision. Limitation refusals involving a new permanent resident sponsor are therefore often resolved at review: if the 5 years have passed by the time the Tribunal decides, the limitation no longer stands in the way. The firm's partner visa refusal lawyers act in these reviews, and our FAQ on a partner sponsorship refusal gives a short overview. Our guide to the partner visa ART review process explains how a review runs.

Common mistakes new permanent resident sponsors make

The same mistakes appear again and again in partner visa sponsor new permanent resident matters. Each of them is avoidable, and each is a reason a partner visa sponsor, new permanent resident for only months, should check the position before lodging.

"I am a permanent resident now, so the 5 years start today"

This is wrong for regulation 1.20J(1)(c). The 5 years run from the date of your own sponsored application, not from the grant of permanent residence. It is right only for regulation 1.20KA, where the 5 years run from the grant of the Contributory Parent visa.

"The 5 years must have passed before we lodge"

This is not quite right. The 5 years are measured to the date the sponsorship is decided. But lodging well before the end date risks a refusal if the decision comes early, and the application charge is lost. The decision to lodge early needs careful judgement, not a guess.

"My new partner was not in my PR application, but that does not matter now"

This can be a serious mistake. If the relationship existed while your own application was undecided, the Department may compare the two files. The inconsistency should be identified and dealt with honestly before lodging. A partner visa sponsor, new permanent resident or not, is better served by disclosure than by silence. Our guide to partner visa previous relationships explains how relationship histories are assessed.

"We will lodge now and my PR will be granted before the decision"

This is wrong. Sponsor status is assessed at the time of application. An application lodged before the sponsor's permanent visa is granted does not meet the criterion, and a later grant does not fix it. Our FAQ on whether a temporary visa holder can sponsor a partner explains why.

"I can sponsor from overseas because I am a permanent resident"

This is not necessarily right. Unlike a citizen, a permanent resident sponsor must be usually resident in Australia. A partner visa sponsor, new permanent resident status granted offshore included, should check that test before lodging. Our guide to onshore and offshore partner visas explains the choice of visa.

"A strong relationship is a compelling circumstance"

This is wrong. Every partner visa requires a genuine relationship. Compelling circumstances must be something more, and they must affect the sponsor. Our FAQ on sponsoring more than one partner and our FAQ for a sponsor who was sponsored before explain how the limitation is assessed.

What Tribunal decisions show about a partner visa sponsor: new permanent resident cases

Published decisions show that the Tribunal regularly remits partner visa refusals where a sponsorship limitation tied to the sponsor's own permanent visa has expired by the time of review, and that Contributory Parent visa holder sponsors appear often. The decisions below are drawn from reported remittals. In each case, the Tribunal set aside the refusal and sent the matter back to the Department. They are described only by what the published headnote records, and no outcome in one case predicts the outcome in another.

Limitation linked to the sponsor's own permanent visa, now passed:

• Pham (Migration) [2021] AATA 4906. A Subclass 309 matter involving a sponsorship limitation where the application was made less than 5 years after the sponsor's permanent visa was granted, the limitation period had passed by the time of review, and the decision was made without a hearing.
• Ge (Migration) [2021] AATA 4908. A Subclass 820 matter with the same headnote issue: an application made less than 5 years after the sponsor's permanent visa was granted, a limitation period that had since passed, and a decision made without a hearing.
• Dhindsa (Migration) [2019] AATA 5650. A Subclass 309 matter about approval of sponsorship where 5 years had not elapsed since the review applicant had been sponsored, and in which the review applicant's previous application had been withdrawn.

Contributory Parent visa holder sponsors:

• Zhang (Migration) [2020] AATA 1907. A Subclass 820 matter in which a permanent Contributory Parent visa holder was limited from sponsoring a partner for 5 years, and the 5 years had not passed at the time of application.
• Rahman (Migration) [2020] AATA 3380. A Subclass 309 matter about whether the sponsorship remained in force, in which 5 years had lapsed from the grant of a permanent Contributory Parent visa.
• Ly (Migration) [2022] AATA 409. A Subclass 820 matter about sponsorship requirements and the time limit before sponsorship, in which the sponsor was a Contributory Parent visa holder and the parties had re-married in Australia.

The pattern supports two points in this guide. First, the 5-year rules are measured at the time of decision, so the passage of time during review can change the result. Second, a partner visa sponsor, new permanent resident through a parent visa or a partner visa, must have the dates checked precisely, because a limitation that has not expired at lodgement may have expired by the time the Tribunal decides. These decisions are illustrations, not predictions, and every matter depends on its own facts. Our guides on whether a partner visa refusal can be appealed and fixing a partner visa refusal explain how such reviews are approached.

How My Migration Lawyers helps a partner visa sponsor: new permanent resident matters

My Migration Lawyers helps each partner visa sponsor, new permanent resident or recently granted, by checking eligibility from the sponsor's own records before any application is lodged or any charge is paid. The firm deals with complex sponsor histories, including sponsors who were themselves sponsored as partners, Contributory Parent visa holders, sponsors whose earlier applications did not declare the current partner, and sponsors who have spent time overseas since grant. The firm acts in many partner visa sponsor new permanent resident matters of this exact type and is capable of handling them.

Our work on a new permanent resident sponsor's matter follows clear steps:

• Permanent visa check. We confirm from the grant notice which visa made the sponsor a permanent resident, the date of grant and, where relevant, the date the sponsor's own application was made.
• Limitation calculation. We apply regulation 1.20J(1)(a), (b) and (c) and regulation 1.20KA to the actual dates, and work out when each limitation ends. Where a limitation still applies, we advise whether compelling circumstances can realistically be shown, and on what evidence.
• Declarations review. We compare the relationship history the couple will give with what the sponsor declared in their own application, Form 80 and any change of circumstances notices. Where the sponsor's own records are not available, we advise on obtaining them first.
• Integrity advice. Where there is an inconsistency, we advise confidentially on how to deal with it honestly, the risk under public interest criterion 4020 for the applicant, and whether any risk to the sponsor's own visa needs separate advice.
• Residence check. We assess whether the sponsor is usually resident in Australia and what evidence shows it, which matters most for a partner visa sponsor, new permanent resident status granted while overseas.
• Lodgement sequence. We decide when to lodge, which subclass fits, and the order in which the visa application and the Form 40SP sponsorship are completed, including the section 48 rules where they apply.
• Department and Tribunal. We respond to requests and natural justice letters from the Department. If a sponsorship is refused, we lodge the review within the 28 days and present the dates, the evidence and any compelling circumstances to the Tribunal.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, see the full list of partner visa questions, read our guide on when you need an immigration lawyer for a partner visa, and see why complex partner visa applications benefit from a review before lodging. Our FAQ on having a lawyer check a partner visa before lodging explains what that review covers. Where a review deadline is running, the firm's urgent visa lodgement service and our visa refusal appeal lawyers can act quickly.

My Migration Lawyers acts for sponsors across Australia by video consultation, including clients of our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. The firm also acts as immigration lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta.

Sometimes the honest advice for a partner visa sponsor, new permanent resident for only a short time, is to wait until a limitation ends, or to deal with an earlier declaration before doing anything else. No lawyer can promise the outcome of a sponsorship or a review. What My Migration Lawyers can do is check the dates and the records, tell you plainly where you stand, and make sure the application is lodged lawfully, on time and on a consistent account.

Book a consultation with My Migration Lawyers to have your sponsorship eligibility checked before you lodge. You can also call us on 1300 040 300.