Partner Visa Sponsor Who Previously Sponsored a Fiance

A partner visa sponsor previous fiance history can stop a new sponsorship from being approved. If you sponsored a fiance on a Subclass 300 Prospective Marriage visa in the past, that partner visa sponsor previous fiance sponsorship may count against the limits in regulation 1.20J of the Migration Regulations 1994, even though the wedding never happened.

This guide is written for the Australian sponsor. It explains when an earlier fiance sponsorship counts and when it does not, how the 5 year period runs from the earlier Subclass 300 application, what happens when the fiance married you and moved to a Subclass 820 visa, the short historical exception for applications made in the second half of 1997, and how the waiver for compelling circumstances works. It also covers the sponsor who now wants to bring a different fiance to Australia on a new Subclass 300 visa. The commercial page on partner visa sponsorship limitations sets out the wider rules this issue sits within, and the hub article on when a sponsor cannot sponsor a partner visa gives the full overview.

The central point is this. In a partner visa sponsor previous fiance case, the question is not whether the earlier engagement ended well or badly. The question is whether the Department granted a visa because of your sponsorship. If it did, the sponsorship is on your record, and the Department will find it.

Does a previous fiance sponsorship count toward the partner visa sponsor limits?

Yes. A partner visa sponsor previous fiance sponsorship counts toward the limits in regulation 1.20J if the Subclass 300 Prospective Marriage visa was granted. It does not matter whether the fiance travelled, whether the couple married, or whether the relationship ended soon after.

The Department's own instruction on sponsorship limitations makes the grant the critical factor. It gives the example of a fiance sponsorship where the visa was granted, the applicant travelled to Australia and the marriage did not take place. That sponsorship counts. The instruction also gives the example of a sponsorship where the visa was granted but the applicant never travelled to Australia. That sponsorship counts too. In the Department's words, it does not matter what happens after the grant.

Many sponsors assume that an engagement that never became a marriage "does not count" because no partner visa followed. That assumption is wrong. A Subclass 300 Prospective Marriage visa is one of the visa types expressly covered by regulation 1.20J. A fiance is a "prospective spouse" for the purposes of the limits, in the same way that a spouse or de facto partner is a partner. If you want to understand the visa itself, the explainer on what a Prospective Marriage visa (Subclass 300) is covers the basics, and the comparison of a fiance visa and a partner visa explains how the two pathways differ.

What regulation 1.20J says about a partner visa sponsor previous fiance history

Regulation 1.20J contains three limits and one waiver. Each of them can apply to a partner visa sponsor previous fiance history.

• Regulation 1.20J(1)(a), the lifetime limit. A person may have at most two approved spouse, de facto partner or prospective spouse (fiance) sponsorships. The current regulation looks at how many other people have been granted a visa or other relevant permission as the spouse, de facto partner or prospective spouse of the sponsor.
• Regulation 1.20J(1)(b), the 5 year limit after sponsoring. A person who has sponsored a spouse, de facto partner or fiance cannot have another sponsorship approved until at least 5 years after the earlier visa application was made.
• Regulation 1.20J(1)(c), the 5 year limit after being sponsored. A person who was themselves sponsored as a spouse, de facto partner or fiance cannot sponsor a partner until at least 5 years after their own visa application was made.
• Regulation 1.20J(2), the waiver. The decision maker may approve a sponsorship that fails any of these limits if there are compelling circumstances affecting the sponsor.

The limits apply to applications for the Subclass 300 Prospective Marriage visa, and to applications for the Subclass 309 and Subclass 820 Partner visas. So the limits operate in both directions for a fiance sponsor. An earlier fiance sponsorship can block a later partner sponsorship, and an earlier partner sponsorship can block a later fiance sponsorship.

The purpose of regulation 1.20J, according to the Department, is to prevent abuse of the partner and fiance migration provisions. That purpose shapes how decision makers read your history and how they approach any waiver request. The pillar guide to partner visas in Australia explains where the Subclass 300 visa sits among the other partner pathways, and the general guide to partner visa sponsor requirements explains the sponsor criteria that sit alongside regulation 1.20J.

Why the sponsorship is tested at the time of decision

Sponsorship approval for a Subclass 300, Subclass 309 or Subclass 820 visa is a time of decision criterion. The sponsorship is assessed inside the visa decision. There is no separate decision letter for the sponsor. If the sponsorship is not approved, the visa is refused. The article on when partner visa sponsorship approval is decided explains this process, and the guide to the partner visa sponsorship assessment explains what the case officer checks.

This timing matters for a partner visa sponsor previous fiance case. A limit that applies on the day of lodgement may no longer apply on the day of decision. We return to this point when we discuss the 5 year calculation.

When a partner visa sponsor previous fiance sponsorship counts

A partner visa sponsor previous fiance sponsorship counts whenever the earlier Subclass 300 visa was granted on the basis of your sponsorship. The following situations all count under current law and Department policy.

• The fiance was granted the visa and never travelled. The grant is what counts. A fiance who changed their mind before boarding a plane still used up one of your sponsorships.
• The fiance travelled to Australia but you never married. This is the example the Department itself gives. The sponsorship counts. The fact that the 9 month to 15 month visa period passed without a wedding makes no difference.
• The visa was cancelled before the fiance entered Australia. Department policy treats a sponsorship as counted even where the visa was later cancelled before entry, except for a narrow historical category of applications discussed later.
• You married the fiance and they later received a partner visa. This counts, but as one person, not as two sponsorships. This is explained further below.
• The couple married before the Subclass 300 was decided. Under regulation 2.08E, once the Department is told of a valid marriage, the Subclass 300 applicant is taken to have also applied for a Subclass 309 and Subclass 100 visa. If that Subclass 309 visa was granted on your sponsorship, the sponsorship counts as a partner sponsorship.

The explainer on what happens if a couple marries before the Prospective Marriage visa is granted explains the deemed application rule. The page on what happens if you do not marry within 9 months on a 300 visa explains condition 8519, which requires the marriage to take place within the visa period. Neither of those outcomes removes the earlier grant from your record.

Why a breakdown does not undo the grant

A partner visa sponsor previous fiance is often surprised by this rule. They reason that if the relationship ended before marriage, the fiance gained nothing, so the sponsorship should not count. The Department's instruction rejects that approach. It states that the critical factor is the grant of the visa. Whatever happens after the grant, including a break-up, a cancellation or a failure to travel, the sponsorship has been used.

That does not mean the reason for the breakdown is irrelevant. It becomes very relevant to the waiver under regulation 1.20J(2). A partner visa sponsor previous fiance whose fiance left without any immigration advantage may be able to argue compelling circumstances. That argument is covered later in this guide. The explainer on what happens if you break up on a Prospective Marriage visa covers the fiance's own position after a break-up.

When a partner visa sponsor previous fiance sponsorship does not count

A previous fiance sponsorship does not count where it did not result in the grant of a visa. The Department's instruction is direct on this point: a sponsorship connected to a visa application that was refused does not count, because the sponsorship must have resulted in the grant of a visa.

That gives a partner visa sponsor previous fiance applicant several situations that fall outside the limits.

• The Subclass 300 application was refused. A refused fiance application is not counted under regulation 1.20J(1)(a) or (b). If the refusal was later set aside on review and the visa was then granted, the position changes, because there is now a grant.
• The Subclass 300 application was withdrawn before any grant. On the same logic that only a grant counts, a fiance application withdrawn before a decision would not usually count toward the lifetime limit or the 5 year limit after sponsoring. This point should be confirmed on the facts, because Tribunal decisions have considered withdrawn applications in other contexts.
• The sponsor only ever signed a sponsorship for a different visa type. Sponsoring a relative for a parent visa, a visitor visa or a child visa is not a spouse, de facto partner or fiance sponsorship and does not count under regulation 1.20J.

If your earlier fiance application was refused, the separate refusal still has consequences. The reasons for that refusal stay on the Department's file and may be relevant to the genuineness of a new relationship or to your credibility as a sponsor. The guide to a partner visa with a previous partner visa refusal explains how earlier refusals are approached, and the page on why Prospective Marriage visas are refused explains the usual reasons.

The fiance's own history is not your history

Regulation 1.20J looks only at the current sponsor. It asks whether you have sponsored other people as a partner or fiance, and whether you were sponsored yourself. It does not ask whether your new partner was sponsored by someone else in the past.

The Department's instruction gives an example. A Subclass 300 holder travelled to Australia, did not marry the sponsor, returned home, later married another person and applied for a Subclass 309 visa sponsored by the new spouse. That earlier fiance sponsorship does not count against the new sponsor. The instruction says the applicant having been sponsored before has no relevance to the current sponsor's ability to meet regulation 1.20J.

So a partner visa sponsor previous fiance problem only arises from your own sponsorship history. Your new partner's history can raise other questions, such as genuineness or disclosure, but it does not use up your sponsorships. The article on partner visa previous relationship history explains how earlier relationships are assessed for both parties.

A quick partner visa sponsor previous fiance checklist

Before lodging anything, a partner visa sponsor previous fiance should be able to answer five questions with documents, not memory.

• Was the earlier Subclass 300 visa granted? If it was refused, it does not count under regulation 1.20J(1)(a) or (b). If it was granted, it counts, whatever happened next.
• On what date was the earlier application made? That date starts the 5 year period under regulation 1.20J(1)(b).
• Did the earlier fiance marry you and receive a partner visa? If so, that history is still one person for the lifetime limit, but the 5 year period should be checked from the first application in the chain.
• How many people in total have been granted a visa as your spouse, de facto partner or fiance? If the answer is already two, a new sponsorship needs the waiver in regulation 1.20J(2).
• Were you yourself sponsored as a partner or fiance? If so, regulation 1.20J(1)(c) may also apply. The page on whether you can sponsor a partner if you were sponsored on a partner visa explains that separate limit.

A partner visa sponsor previous fiance who cannot answer these questions with certainty should not guess. The page on whether you can sponsor more than one partner and the page on applying for a partner visa with a new partner after a previous one give a short overview, and the main guide on what the Australian partner must do as a partner visa sponsor explains the sponsor's role from start to finish.

Checking whether you are eligible to sponsor at all

Regulation 1.20J is only one part of sponsor eligibility. You must also be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, usually aged 18 or over, and you must meet the character provisions for sponsors. The guide to who can sponsor a Prospective Marriage visa and the broader guide to partner visa sponsor eligibility explain each requirement. A sponsor who recently became a citizen should also note that citizenship does not reset any of the regulation 1.20J limits.

The fiance who married the sponsor and moved to a Subclass 820 visa

If your fiance came to Australia on a Subclass 300 visa, married you and was then granted a Subclass 820 visa and a Subclass 801 visa, that history counts as one person under regulation 1.20J(1)(a), not as two sponsorships.

This is the most common partner visa sponsor previous fiance history. The fiance arrives on the Subclass 300 visa, the wedding takes place within the visa period, and the couple lodge a combined Subclass 820 and Subclass 801 application in Australia. The sponsor lodges a new sponsorship for the Subclass 820 stage. On paper, there are now two sponsorships of the same person.

The current regulation 1.20J(1)(a) counts people, not forms. It asks whether more than one other person has been granted a visa or relevant permission as the spouse, de facto partner or prospective spouse of the sponsor. A fiance who became your spouse is still one person. The Department's instruction also confirms that the two-stage partner visas (Subclass 309 and Subclass 100, and Subclass 820 and Subclass 801) are counted once, because there is no separate sponsorship approval for the permanent stage. The guide to the partner visa two-stage process and the comparison of the Subclass 820 and Subclass 801 visas explain the two stages.

The 5 year limit in regulation 1.20J(1)(b) is a different question. For the 5 year limit, the earliest application in the chain matters. In a partner visa sponsor previous fiance case where the fiance then became a spouse, the safer course is to treat the date the Subclass 300 application was made as the start of the 5 year period, unless advice on the specific file shows a different date applies. Getting the start date wrong by even a few months can mean a refusal.

The page on what happens after you marry on a Prospective Marriage visa explains the move to the Subclass 820 visa, and the page on who can help you move from a fiance visa to a partner visa explains the application itself.

What if your fiance married you but was sponsored for the Subclass 820 by someone else?

Department policy recognises that a Subclass 300 holder can be sponsored for the Subclass 820 visa by a different sponsor, that is, a later spouse or de facto partner who was not the Subclass 300 sponsor. In that case, the Subclass 300 grant still counts against the original fiance sponsor. The later Subclass 820 sponsorship counts against the later sponsor. Each sponsor carries their own history.

The partner visa sponsor previous fiance and the 5 year rule

Under regulation 1.20J(1)(b), a partner visa sponsor previous fiance cannot have a new sponsorship approved until at least 5 years after the earlier Subclass 300 application was made. The 5 years run from the date the earlier visa application was made to the date the current sponsorship is approved or refused.

The Department's instruction states it clearly. Where a sponsor has sponsored another person, the 5 year period between the first sponsorship and the current sponsorship is calculated from the date on which the first visa application was made to the date of approval or refusal of the current sponsorship.

Three practical consequences follow for a partner visa sponsor previous fiance:

• The start date is the earlier application date. It is not the date the Subclass 300 visa was granted, the date the fiance arrived, the date of the engagement or the date the relationship ended.
• The end date is the decision date. It is not the date you lodge your new sponsorship. Processing time counts in your favour.
• The limit can fall away during processing or review. If the 5 years are completed before the decision is made, the limit in regulation 1.20J(1)(b) is no longer an obstacle.

The Department's own example uses a fiance application

The worked example in the Department's instruction happens to involve a fiance visa. An Australian citizen sponsored a spouse whose application was made on 1 January 1994, and the visa was granted. The marriage broke down. The citizen then sponsored a new partner for a Subclass 300 Prospective Marriage visa, with the application made on 1 October 1998. That is 4 years and 9 months after the first application. Processing took 6 months and the decision was made on 1 March 1999. Because 5 years had passed since the first application by the date of decision, the new sponsorship could be approved.

That example shows two things. First, a new Subclass 300 sponsorship is caught by the same limits as a partner sponsorship. Second, the decision date, not the lodgement date, is what matters.

Two hypothetical timelines

Consider a sponsor whose earlier fiance lodged a Subclass 300 application on 1 March 2022. The visa was granted, the fiance arrived, and the engagement ended without a wedding. The sponsor met a new partner in 2024 and wants to lodge a Subclass 309 application in mid-2026.

• The 5 years from the earlier application end on 1 March 2027.
• If the new Subclass 309 application is decided after 1 March 2027, regulation 1.20J(1)(b) will not prevent approval, provided the lifetime limit and the other criteria are met.
• If it is decided before 1 March 2027, the sponsorship can only be approved under the waiver in regulation 1.20J(2).

Now consider a sponsor whose earlier Subclass 300 application was made on 1 June 2021 and was refused in 2022. That application did not result in a grant. It does not count toward regulation 1.20J(1)(a) or (b) at all. The 5 year rule is not engaged by that application, although the reasons for the refusal may still matter.

Processing times vary and cannot be predicted with confidence. A sponsor should never lodge on the assumption that the case will be decided late enough. The guide to partner visa sponsorship delays explains why sponsorship can hold up a decision, and the article on how long a Prospective Marriage visa takes explains the general position for fiance applications.

When the 5 years pass during Tribunal review

The Administrative Review Tribunal decides a review on the law and the facts as they stand at the time of its own decision. If the 5 year period ends while the review is running, the Tribunal can take that into account. Several decisions in our records were remitted (sent back) to the Department on this kind of issue:

• Rogers (Migration) [2020] AATA 4743 concerned a Subclass 309 application where 5 years had not lapsed since the earlier visa application, the 5 years elapsed during review, and the relationship was genuine and continuing. The matter was remitted.
• Kairpal (Migration) [2019] AATA 1914 concerned a Subclass 309 application involving a previous sponsorship of a partner where the five-year limitation had passed. The matter was remitted.
• Singh (Migration) [2022] AATA 463 concerned a Subclass 309 application involving the 5 year time limit, a long-standing spouse relationship, and a previous sponsored relationship that did not proceed to marriage. The matter was remitted.

Singh is the closest match to a partner visa sponsor previous fiance situation in our records, because the earlier sponsored relationship did not proceed to marriage. Each case turns on its own facts, and these decisions are described here only by the issues recorded. The guide on how to challenge a refusal involving sponsorship limitations explains the review route in more detail.

The 1 July to 31 December 1997 historical exception

For a small group of very old applications, an earlier fiance sponsorship was not counted unless the fiance had married the sponsor and received a permanent visa. That exception applied only where the current application was lodged between 1 July 1997 and 31 December 1997.

Regulation 1.20J has been amended several times. Between 1 July 1997 and 31 December 1997, the regulation counted only grants of "relevant permission" to remain indefinitely in Australia. Temporary visas did not count unless they led to a permanent visa. The Department's instruction therefore says that a fiance sponsorship where the visa was granted, the fiance travelled and the marriage did not take place counts, unless the application now being considered was lodged in that six month window.

The amendment that took effect on 1 January 1998 closed that gap. From that date, both temporary and permanent grants are counted. Any partner visa sponsor previous fiance case lodged today is decided under the current rule, so the exception has no practical effect on a new application. It is mentioned here only because sponsors sometimes read old material and assume a temporary Subclass 300 grant is ignored. It is not.

Common partner visa sponsor previous fiance scenarios

The same rules produce very different results depending on the facts. The following hypothetical scenarios show how a partner visa sponsor previous fiance history is usually analysed. They are illustrations only, not client stories.

The fiance who never arrived

Consider a sponsor whose fiance was granted a Subclass 300 visa in 2023 but ended the engagement by message and never travelled. In this partner visa sponsor previous fiance scenario, the grant counts. The sponsor has used one of two lifetime sponsorships, and the 5 year period runs from the date the 2023 application was made. If the sponsor's new relationship is recent and the 5 years will not pass before a decision, a waiver submission is needed. The innocent sponsor argument may be open, because the fiance gained no immigration advantage, but the decision maker will still look closely at whether the earlier engagement was genuine.

The fiance who arrived and left before the wedding

Consider a sponsor whose fiance arrived on a Subclass 300 visa, lived with the sponsor for some months, and then left Australia before the wedding. In this partner visa sponsor previous fiance scenario, the sponsorship counts in the same way. The fiance may have breached condition 8519 by not marrying within the visa period, but that has no effect on the sponsor's count. Evidence of the shared household and the wedding plans becomes important for the waiver, because it shows the earlier relationship was real and the sponsorship was not careless.

The fiance who married the sponsor, then separated

Consider a sponsor who married the fiance, supported a Subclass 820 application and then separated before the Subclass 801 stage. In this partner visa sponsor previous fiance scenario, the sponsor has sponsored one person. If the former partner later received a permanent visa under the family violence provisions or for another reason, that is still the same person. The relationship breakdown does not create a second sponsorship. The article on what happens to a Subclass 820 application if the relationship breaks down explains the former partner's position, and the page on family violence partner visa lawyers explains how those provisions work.

Two earlier fiance sponsorships

Consider a sponsor who sponsored one fiance in 2015 and a different fiance in 2019, and both Subclass 300 visas were granted. In this partner visa sponsor previous fiance scenario, two other people have already been granted a visa as the sponsor's prospective spouse. Regulation 1.20J(1)(a) is failed, no matter how much time has passed. A third sponsorship can only be approved under the waiver in regulation 1.20J(2). The lifetime limit does not expire with time. The guide on whether a lawyer can help with a partner visa sponsorship refusal explains the support available where a third sponsorship has already been refused.

The earlier fiance application that was refused, then granted on review

Consider a sponsor whose earlier fiance's Subclass 300 application was refused, the sponsor applied to the Tribunal, the decision was remitted, and the Department later granted the visa. In this partner visa sponsor previous fiance scenario, the sponsorship counts, because it ultimately resulted in a grant. A sponsor in this position should not rely on the original refusal letter when completing a new sponsorship form. The page on whether a lawyer can help with a Prospective Marriage visa refusal explains the review route for fiance refusals.

Sponsoring a new fiance on a Subclass 300 visa

If you previously sponsored a fiance and now want to sponsor a different fiance on a new Subclass 300 visa, regulation 1.20J applies to the new Subclass 300 application in the same way it applies to a partner visa.

The new fiance application is assessed against all three limits. It will fail regulation 1.20J(1)(a) if two other people have already been granted a visa as your spouse, de facto partner or fiance. It will fail regulation 1.20J(1)(b) if fewer than 5 years have passed between the earlier application and the decision on the new sponsorship. And it will fail regulation 1.20J(1)(c) if you were yourself sponsored as a partner or fiance less than 5 years before the decision.

This is a common partner visa sponsor previous fiance mistake. A sponsor assumes that because the new partner is a fiance, not a spouse, the limits are different. They are not. The page on how to bring a fiance to Australia explains the Subclass 300 process, and the page on the requirements for a Prospective Marriage visa lists the criteria. The page on who can help with a fiance visa in Australia explains the kind of help available.

Choosing between a fiance visa and marrying first

Some couples ask whether marrying overseas first and applying for a Subclass 309 visa avoids the issue. It does not. The Subclass 309 visa is equally covered by regulation 1.20J. The choice of pathway should be made for other reasons, such as timing, the couple's wedding plans and cost. The comparison of the cost of the fiance route against marrying first and the page on whether you can marry overseas on a Prospective Marriage visa explain those choices. If you do marry overseas, the article on whether an overseas marriage is recognised in Australia is worth reading first.

Divorce and the earlier relationship

A partner visa sponsor previous fiance who has married since the engagement, or who is still legally married to someone else, may also need to explain the status of that marriage before the new relationship can be assessed. The guide to a partner visa after divorce and the guide to a partner visa while married to someone else explain those issues.

Compelling circumstances in a partner visa sponsor previous fiance case

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

The word that matters is "sponsor". The test looks at the circumstances affecting you, the Australian sponsor. Hardship to the applicant may be relevant only so far as it affects you. Department policy gives four examples of compelling circumstances affecting the sponsor. These 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; and
• the new relationship is longstanding.

Policy also directs attention to the nature of the hardship or detriment the sponsor would suffer if the sponsorship were not approved, and to the extent and importance of the sponsor's ties to Australia, including the hardship if the sponsor felt compelled to leave Australia to keep the relationship. The broader guide to partner visa compelling reasons and waiver evidence and the guide to compelling and compassionate circumstances for a partner visa explain how these terms are used across partner visa law.

The "innocent sponsor" argument after a failed engagement

A partner visa sponsor previous fiance often has a strong human story. The sponsor proposed in good faith, paid for the visa, prepared for a wedding, and the fiance left. Department policy acknowledges what it calls "innocent sponsor" claims. These are claims that the sponsor's intentions in the earlier relationship were genuine, that the sponsor was blameless in its failure, and that the person sponsored left Australia and gained no immigration advantage.

Policy says it is open to decision makers to accept that such a situation amounts to compelling circumstances. But it depends on the facts, including whether the genuineness of the original relationship can be established and whether the first sponsorship was "careless", meaning it was entered into with the expectation that if things did not work out, the sponsor would be free to try again. Policy also notes that even where the first relationship was not bogus, a pattern can still represent a misuse of the migration provisions.

For a partner visa sponsor previous fiance, that means evidence about the earlier engagement can help or hurt. Evidence that the earlier relationship was genuine, that the sponsor acted honestly, and that the fiance's departure was not the sponsor's doing supports the waiver. A short engagement entered into quickly with little contact may invite the "careless" concern. The article on partner visa compelling reasons and length of relationship and the guide to a partner visa long-term relationship are useful here.

Evidence that supports a partner visa sponsor previous fiance waiver

A waiver submission for a partner visa sponsor previous fiance case is usually built from these categories of evidence:

• The earlier engagement. Proof of how the earlier relationship formed, how long it lasted, contact and visits, the wedding plans, and how and why it ended.
• The new relationship. Evidence of the length, depth and stability of the current relationship, including the four aspects of financial, household, social and commitment evidence explained in the guide to proving your relationship is genuine.
• Children. Birth certificates and evidence of care and dependency where the couple have a child together. The page on whether having a child together helps a partner visa explains why this matters.
• Hardship to the sponsor. Medical, financial, employment and family evidence of what refusal would mean for the sponsor.
• Ties to Australia. Citizenship, employment, property, family members in Australia and caring responsibilities.
• Independent support. Form 888 statements from people who know the sponsor and the relationships. The guide to Form 888 witness statements explains who can make one.

Disclosing a partner visa sponsor previous fiance history to the Department

You must disclose a previous fiance sponsorship when you complete the sponsorship form, and the Department will check its records even if you do not. Department policy tells officers to have regard to the information given in the sponsorship form and to the Department's sponsorship database records.

The sponsorship form asks about previous sponsorships. A partner visa sponsor previous fiance who answers "no" because the fiance never married them, or because the engagement was short, is giving an incorrect answer. The guide to the partner visa Form 40SP explains the sponsorship form, and the guide to Form 47SP for a partner visa explains the applicant's form.

One of the decisions in our records shows how serious non-disclosure can become. 2107016 (Migration) [2022] AATA 2250 concerned a Subclass 820 application where the recorded issues were that the parties provided false or misleading information, failed to disclose a previous relationship and a Subclass 300 application, and the sponsor's mental health. That matter was remitted. It is a reminder that an earlier fiance application is exactly the kind of history the Department expects to see disclosed.

How false information can affect the applicant

Public Interest Criterion 4020 allows a visa to be refused where there is evidence the applicant gave, or caused to be given, a bogus document or information that is false or misleading in a material particular in relation to the application. Department policy says information a sponsor gives in support of a sponsorship is usually given on the sponsor's own behalf, and the decision maker must consider what, if anything, the applicant did to cause it to be given. So incorrect sponsor information does not automatically become a PIC 4020 problem for the applicant, but it can still damage credibility and lead to refusal of the sponsorship. The guide to partner visa PIC 4020 risks and the page on telling an honest mistake from a PIC 4020 issue explain the rule.

If a mistake has already been made, it should be corrected promptly and honestly, in writing, before the Department raises it. The guide to Form 1023 for correcting answers explains how incorrect answers in a partner visa application are corrected, and a sponsor's incorrect answer on the sponsorship form should be corrected with the same care. If the Department has already raised the issue, the guide to a section 57 natural justice letter for a partner visa explains the response process.

Finding the dates for a partner visa sponsor previous fiance case

The date your earlier fiance's Subclass 300 application was made is the key date in a partner visa sponsor previous fiance case. Most sponsors do not remember it accurately, and many never saw the application.

Practical sources include:

• Your own records. Emails from the Department, the sponsorship acknowledgement, payment receipts and the grant notice if you received a copy.
• ImmiAccount. If the sponsorship was lodged online, the sponsor's ImmiAccount may still show the lodgement details. The guide to downloading a partner visa application copy from ImmiAccount explains how.
• Freedom of Information. A request for your own Department file can confirm the dates. The guide to a partner visa FOI request explains the process.

Precise dates allow a proper assessment before anything is lodged. The guide to a partner visa sponsor risk assessment before lodgement and the article on partner visa application review before lodgement explain why that early review is worthwhile.

Should a partner visa sponsor previous fiance lodge now or wait?

There is no single answer. A partner visa sponsor previous fiance should decide on timing only after the 5 year period, the lifetime count and the strength of any waiver argument have been assessed together.

Lodging now may make sense where the 5 year period will almost certainly end before any realistic decision date, where the couple have a strong compelling circumstances case, or where waiting would cause real hardship to the sponsor. Waiting may make sense where the 5 year period ends soon and the waiver case is weak, because a refusal adds a further adverse record and cost. A partner visa sponsor previous fiance who lodges early should still prepare the waiver submission with the application, rather than relying on timing alone. Processing can be faster than expected, and the waiver must be ready if the decision comes before the 5 years are complete.

The relationship itself must also be ready. A new relationship that is short, with limited shared evidence, will face genuineness questions as well as the limitation. The guide to the genuine and continuing relationship test explains that test, and the guide to partner visa sham relationship allegations explains how a pattern of short sponsored relationships can attract scrutiny. The article on complex partner visa applications explains why cases with sponsorship history need careful preparation, and the guide to a partner visa sponsor interview explains the questions a sponsor may be asked about earlier relationships.

If a partner visa sponsor previous fiance history leads to refusal

A refusal of the sponsorship means the visa is refused, and the refusal can be reviewed by the Administrative Review Tribunal. The deadline is 28 days after the day the applicant is notified, or 7 days if the applicant is in immigration detention, and it cannot be extended.

Who lodges the review depends on the visa:

• Subclass 820 refusal: the visa applicant applies for review.
• Subclass 309 refusal: the visa applicant applies for review.
• Subclass 300 refusal: the Australian sponsor applies for review.

The Tribunal application fee for a migration review is $3,727 for fees paid on or after 1 July 2026. A 50% reduction is available for financial hardship, and 50% is refunded if the decision is set aside or remitted. The guide to partner visa ART fees, the guide to who can lodge a partner visa appeal and the guide to the partner visa appeal deadline explain each step. Onshore applicants should also read about the bridging visa after a partner visa refusal.

At the Tribunal, the waiver can be argued afresh with new evidence, and the passage of time can help. If the 5 year period ends during the review, the Tribunal can take that into account at the time of its decision. The pages on partner visa refusals and urgent ART visa refusal applications explain how urgent review work is handled, and the page on what happens if your partner's sponsorship is refused explains the immediate effect.

A partner visa sponsor previous fiance whose case was refused should also consider whether review or a fresh application is the better course. If the 5 year period has now ended, a new application may avoid the limitation entirely, but it brings a new application charge and a new wait. The guide to partner visa appeal versus reapplication and the page on whether to seek review or lodge a new partner visa application explain the choice. Where a Subclass 300 refusal came after the couple married, the page on a fiance visa refused when the couple have since married is directly relevant. The firm's wider visa refusals page explains review work across visa types.

How My Migration Lawyers helps a sponsor with a previous fiance sponsorship

My Migration Lawyers advises Australian sponsors whose earlier fiance sponsorship now stands between them and a new partner or fiance visa. A partner visa sponsor previous fiance matter is rarely simple. It usually involves old records, a relationship that ended painfully, uncertain dates and a new partner waiting overseas or on a bridging visa.

The firm deals with complex sponsorship cases and acts in many matters involving regulation 1.20J, including sponsors whose earlier Subclass 300 fiance never married them, sponsors whose fiance became a spouse, and sponsors who now want to bring a new fiance to Australia. The team is capable of handling these cases from the first check of the sponsor's history through to an argued waiver submission and, where needed, a Tribunal review.

In a partner visa sponsor previous fiance case, My Migration Lawyers will:

• confirm whether the earlier Subclass 300 sponsorship resulted in a grant, and therefore whether it counts;
• identify the exact date the earlier application was made and calculate the 5 year period to a realistic decision date;
• advise on timing, including whether to lodge now with a waiver request or to wait;
• prepare a structured compelling circumstances submission under regulation 1.20J(2), with evidence about the earlier engagement, the new relationship and the sponsor's ties to Australia;
• make sure the earlier fiance sponsorship is disclosed accurately on the new sponsorship; and
• act quickly on a refusal and prepare the Tribunal review if the sponsorship is not approved.

Our partner visa lawyers work by video with sponsors across Australia and overseas, and the guide to what to expect at a partner visa lawyer consultation explains how a first meeting runs. The Partner Visa Questions hub answers many common questions, and the page on whether a lawyer can help if your sponsor has sponsored a partner before explains how we approach these matters.

If you are a partner visa sponsor previous fiance and you want a clear answer before you lodge, Book a Consultation with My Migration Lawyers, or call 1300 040 300.