Key Takeaways
- A partner visa sponsor second partner application is allowed: regulation 1.20J(1)(a) permits up to two approved partner or fiancé sponsorships in a lifetime, but regulation 1.20J(1)(b) stops the second sponsorship being approved until at least 5 years after the first partner's visa application was made, unless compelling circumstances apply.
- The 5 years runs from the date the first partner's visa application was made to the date the second sponsorship is decided, so a second application can be lodged before the 5 years ends.
- The first sponsorship counts only if it resulted in the grant of a visa. A refused first application does not count, but a granted visa counts even if the first partner never travelled or the relationship ended soon after.
- A second sponsorship is examined closely: the timing of the new relationship, any overlap with the first, the sponsor's divorce status and the validity of any new marriage.
- The previous sponsorship must be declared accurately. The Department checks its own records, and omissions can damage credibility and create integrity problems for the new applicant.
- Where the 5 years has not passed, regulation 1.20J(2) allows the decision maker to approve the second sponsorship in compelling circumstances affecting the sponsor, and the waiver must be considered in every case.
A partner visa sponsor second partner situation arises when an Australian citizen, permanent resident or eligible New Zealand citizen has already sponsored one partner and now wants to sponsor a new partner after the first relationship ended. A partner visa sponsor second partner application is allowed by law, but it is tested against the sponsorship limitations in regulation 1.20J of the Migration Regulations 1994 and is examined with more care than a first sponsorship.
The two key questions are simple. First, has the sponsor already reached the lifetime limit of two approved sponsorships? Second, have at least 5 years passed since the first partner's visa application was made? If the sponsor has only sponsored once, the second question usually decides the case. If the 5 years has not passed, the sponsorship can still be approved where there are compelling circumstances affecting the sponsor.
This guide is written for the Australian sponsor. It explains what counts as the first sponsorship, how the 5 years runs, how the Department examines a second relationship, how divorce and remarriage affect the case, what must be declared, what happens to the first partner's visa, how children fit in, and how a waiver is argued. The page on partner visa sponsorship limitations explains how My Migration Lawyers acts in these matters, and the guide on when a sponsor cannot sponsor a partner visa sets out all the limits together.
Can a partner visa sponsor second partner application be approved?
Yes. A partner visa sponsor second partner application can be approved, because regulation 1.20J(1)(a) allows a person to enter into up to two approved partner or fiancé sponsorships in a lifetime. The second sponsorship cannot be approved until at least 5 years after the first partner's visa application was made, unless compelling circumstances affecting the sponsor justify a waiver under regulation 1.20J(2).
The law does not treat a partner visa sponsor second partner relationship as suspicious in itself. Many Australians separate, divorce and later form a genuine new relationship with someone from overseas. The rules exist to stop abuse of the partner migration program, not to punish people whose first relationship failed.
The short answers on whether you can sponsor more than one partner and whether you can apply for a partner visa with a new partner after a previous one give a quick summary. This guide covers the full position for a partner visa sponsor second partner case.
The general sponsor requirements still apply
A partner visa sponsor second partner case must also meet the ordinary sponsor criteria. The sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and usually 18 or over. The sponsor gives undertakings to support the applicant. Sponsor character rules can apply. The guide to partner visa sponsor requirements and the guide to partner visa sponsor eligibility explain those rules, and the guide on what the Australian partner must do explains the sponsor's role.
Which rules apply to a partner visa sponsor second partner case?
Three groups of rules apply to a partner visa sponsor second partner case: the sponsorship limitations in regulation 1.20J, any other sponsorship limitation that applies to the sponsor, and the ordinary visa criteria, including the genuine relationship test.
Regulation 1.20J limitations
- Regulation 1.20J(1)(a). No more than 2 approved partner or fiancé sponsorships in a lifetime. A second sponsorship is within this limit.
- Regulation 1.20J(1)(b). A sponsor who has sponsored a partner or fiancé cannot have another sponsorship approved until at least 5 years after the earlier visa application was made.
- Regulation 1.20J(1)(c). A sponsor who was themselves sponsored as a partner or fiancé cannot sponsor until at least 5 years after their own application was made. This applies only if the sponsor also came to Australia as a partner, and it is covered in a separate guide in this series.
- Regulation 1.20J(2). The decision maker may approve the sponsorship despite the limits if there are compelling circumstances affecting the sponsor.
Other limitations
A sponsor who holds a permanent Contributory Parent visa may face regulation 1.20KA. A sponsor with certain convictions may face regulations 1.20KB, 1.20KC or 1.20KD. The guides on partner visa sponsor relevant offences under regulation 1.20KC and a partner visa sponsor with a criminal record explain the character limits.
The ordinary criteria
The second partner must meet the visa criteria in their own right, including the genuine and continuing relationship test, health, character and, for some onshore applicants, Schedule 3. The guide on the genuine and continuing relationship test explains the central test.
What counts as the first sponsorship?
The first sponsorship counts for regulation 1.20J only if it resulted in the grant of a visa. The Department's policy instruction says the critical factor is the visa grant, and that it does not matter what happens after the grant.
The policy gives these examples, each of which can decide whether a partner visa sponsor second partner case is within the limits:
- Visa granted, applicant never travelled. The sponsorship counts.
- Visa application refused. The sponsorship does not count.
- Fiancé visa granted, the fiancé travelled, but no marriage took place. The sponsorship counts, except for applications made in a short historical window in 1997.
- Spouse visa cancelled before the spouse entered Australia. The sponsorship counts, subject to the same historical exception.
- Permanent visa granted on family violence grounds. The sponsorship counts, because the permanent visa came from the original sponsorship.
- Visa granted after the sponsor died. The sponsorship counts.
For a partner visa sponsor second partner calculation, a two-stage partner visa is counted once, not twice. The Subclass 820 and Subclass 801, or the Subclass 309 and Subclass 100, come from one application and one sponsorship. The Department's policy explains that there is no separate sponsorship approval for the permanent stage. The guide on temporary and permanent partner visas explains the two stages, and the answer on the difference between the 820 and 801 visas gives a short summary.
If the first application was refused or withdrawn before grant
If the first partner's application was refused and never granted, that sponsorship does not count toward the limit of two and does not start the 5 year period. On the same logic, an application withdrawn before any visa was granted should not count, although the exact record should be checked. The refusal or withdrawal may still matter in other ways, because the Department can read the earlier file. Separate guides in this series deal with a refused earlier sponsorship and a withdrawn earlier sponsorship in depth.
If the first visa was a Prospective Marriage visa
A granted Subclass 300 counts as a sponsorship even if the wedding never happened, and that matters for any later partner visa sponsor second partner application. A partner visa sponsor second partner case where the first partner held a Subclass 300 should therefore treat that sponsorship as one of the two. If the fiancé married the sponsor and then moved to a Subclass 820, the history is generally treated as one sponsorship for the count of two, but the dates for the 5 year period should be checked carefully, because there are two applications in the history. The page on the Subclass 300 visa explains that pathway.
When does the 5 year period run for a second sponsorship?
The 5 year period runs from the date the first partner's visa application was made to the date the second sponsorship is approved or refused. The Department's policy states that, for a sponsor who has sponsored another person, the period 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 second partner case. A partner visa sponsor second partner timeline should be checked against each of them:
- The start date is the first partner's application date, not the grant date, not the date of separation and not the date of divorce.
- The end date is the decision date on the second sponsorship, not the date the second partner lodges.
- The second application can be lodged before the 5 years ends. If 5 years have passed by the time of decision, the limit no longer prevents approval.
The Department's own policy example involved a first application made on 1 January 1994, a new application made on 1 October 1998 and a decision on 1 March 1999. Because 5 years had passed by the date of decision, the sponsorship could be approved. A separate guide in this series works through the date calculations in detail. The sponsor's earlier application date can usually be confirmed from the sponsor's records or through a partner visa FOI request.
Tribunal decisions on the 5 year period
In a partner visa sponsor second partner case on review, the Administrative Review Tribunal applies the 5 year test at the time of its own decision. In Kairpal (Migration) [2019] AATA 1914, a Subclass 309 matter, the recorded issues were a previous sponsorship of a partner and a five-year limitation that had passed. In Da Silva (Migration) [2021] AATA 4909, a Subclass 309 matter, the recorded issues were an application made less than 5 years after a previous sponsorship, a limitation period that had now passed, and members of the family unit. In Promthong (Migration) [2024] AATA 2472, a Subclass 820 matter, the recorded issue was a prior sponsorship approved within 5 years of the time of the primary decision. Each matter was remitted to the Department.
Should the second partner apply onshore or offshore?
The second partner can apply for a Subclass 820 in Australia or a Subclass 309 from outside Australia, and the choice affects timing, bridging visa rights and review rights in a partner visa sponsor second partner case. The sponsorship limitations apply in the same way to both, but the practical risks differ.
- Onshore Subclass 820. The second partner must usually be in Australia and hold a substantive visa without a no further stay condition, or be able to meet Schedule 3 if not. A Bridging visa A usually allows the partner to stay while the application is processed. The guide to the Subclass 820 partner visa explains the requirements, and the guide on whether you can apply with a no further stay condition explains condition 8503.
- Offshore Subclass 309. The second partner applies from outside Australia and must usually be outside Australia when the visa is granted. The page on the Subclass 309 visa explains the pathway.
- Subclass 300. A fiancé applying to come to Australia to marry the sponsor is also covered by regulation 1.20J. A granted Subclass 300 for the second partner would itself become the sponsor's second sponsorship.
For a partner visa sponsor second partner application that sits close to the 5 year date, the onshore and offshore pathways can involve different processing patterns. Neither can be relied on to delay a decision. The guide on onshore versus offshore partner visas compares the two, and the guide on the difference between the 820 and 309 partner visas gives a short answer.
How does the Department assess a partner visa sponsor second partner application?
The Department assesses a partner visa sponsor second partner application under the same legal tests as any other partner visa, but with closer attention to the sponsor's history. The decision maker will read the second relationship against the background of the first, and will be alert to the purpose of the sponsorship limitation, which is to prevent abuse of the partner and fiancé migration provisions.
In practice, a partner visa sponsor second partner case is usually examined on these questions:
- When did the first relationship end, and is that shown by documents?
- When did the second relationship begin, and did it begin before the first one ended?
- Is the second relationship genuine and continuing, assessed on the financial, household, social and commitment aspects?
- Is the sponsor's account consistent across the first file, the second file and the second partner's evidence?
- Is the sponsor legally free to marry, if the couple say they are married?
The Department may interview the sponsor in a partner visa sponsor second partner case. The guide on the partner visa sponsor interview explains what is usually asked, and the answer on whether there will be an interview for a spouse visa explains when interviews happen. The guide on partner visa interview questions shows the kind of detail that is tested.
The timing of the new relationship
The timing of the new relationship is often the most sensitive point in a partner visa sponsor second partner case. A decision maker will want to know whether the second relationship started after the first ended, or whether the two overlapped.
A new relationship that began well after a clear separation is usually straightforward. A relationship that began soon after the first partner's visa was granted, or while the first relationship was still continuing, raises questions about both relationships. It may suggest to a decision maker that the first relationship was not what it appeared to be, or that the second relationship is not yet settled. Neither conclusion is automatic. Each must be answered with evidence.
The guide on a partner visa relationship timeline explains how to present the dates clearly. The guide on the partner visa minimum relationship length explains how the length of the second relationship is assessed.
Overlapping relationships
In a partner visa sponsor second partner case, an overlap between the first and second relationships is not an automatic bar, but it must be explained honestly. The de facto and spouse tests both require a mutual commitment to a shared life to the exclusion of all others. If the sponsor was still living with the first partner when the second relationship began, the decision maker will ask when the second relationship became exclusive.
The answer is usually found in the separation history. Evidence that the first relationship had ended in substance before the second began, even if the paperwork came later, is important. The guide on partner visa previous relationship history explains how earlier relationships are assessed. The guide on partner visa sham relationship allegations and the answer on what happens if the Department suspects a sham marriage explain how a decision maker responds when the history suggests a non-genuine relationship.
Does the sponsor need to be divorced before sponsoring a second partner?
Not always, but the sponsor's marital status decides which kind of relationship can be relied on. A sponsor who is still legally married to the first partner cannot validly marry the second partner in Australia, so a partner visa sponsor second partner application would usually need to rely on a de facto relationship until the divorce is final and a valid marriage takes place.
For a partner visa sponsor second partner application based on a de facto relationship, the couple generally needs to have been in the relationship for at least 12 months before the application, unless an exception applies, such as a registered relationship or compelling and compassionate circumstances. The guide on the de facto partner visa and the 12 month rule explains the requirement and its exceptions, and the answer on when the 12 month de facto period starts explains the start date.
The answer on whether you can get a spouse visa while still divorcing explains the position during the divorce, and the guide on a partner visa after divorce explains the documents that are usually needed.
Marriages before a divorce is final
A marriage that takes place before the sponsor's earlier marriage has been legally dissolved raises a serious validity problem. The Tribunal has dealt with these cases. In Najem (Migration) [2026] ARTA 575, a Subclass 309 matter, the recorded issues were a marriage before the sponsor's divorce was finalised, and the relationship being assessed as de facto. The matter was remitted to the Department.
In Cabsari (Migration) [2021] AATA 1432, a Subclass 820 matter, the recorded issues were a religious marriage while the sponsor was legally married to his first wife, and credibility. That matter was also remitted. These decisions show that a partner visa sponsor second partner case with an irregular marriage history is not necessarily lost, but that the relationship may have to be put on a different legal basis and that credibility will be tested.
The answers on what makes a marriage valid for an Australian spouse visa, whether a religious or cultural marriage is recognised and whether a polygamous marriage is recognised explain the validity rules. The guide on whether an overseas marriage is recognised in Australia covers marriages celebrated abroad.
Sponsors with several earlier marriages
A sponsor with several earlier marriages or long-term relationships can expect closer questioning. In HUANG (MIGRATION) [2026] ARTA 1553, a Subclass 820 matter, the recorded issues were the sponsor's multiple marriages and shared finances. The matter was remitted. A partner visa sponsor second partner application in that situation should explain the history in a calm, factual way and show the depth of the current relationship through strong financial and household evidence. The guide on partner visa financial aspects explains what financial evidence shows.
Must the previous sponsorship be declared?
Yes. The previous sponsorship must be declared accurately in a partner visa sponsor second partner application. The Department's policy tells officers to have regard to the information given in the sponsorship and to departmental sponsorship database records, so an earlier sponsorship that is left out is likely to be found.
The sponsorship is usually lodged online after the visa applicant applies, using the applicant's transaction reference number. The guide on partner visa sponsorship lodgement explains the process, and the guide to Form 40SP explains the sponsorship form and its questions.
What happens if the history is not disclosed
In a partner visa sponsor second partner case, failing to disclose can damage both partners. The sponsor's credibility suffers, and the decision maker may doubt the rest of the evidence. If false or misleading information appears in the visa applicant's own application, public interest criterion 4020 can be engaged for the applicant. In 2107016 (Migration) [2022] AATA 2250, a Subclass 820 matter, the recorded issues were that the parties provided false or misleading information, a failure to disclose a previous relationship and a Subclass 300 application, and the sponsor's mental health. The matter was remitted, but the issue shows how seriously non-disclosure is treated.
The guide on partner visa PIC 4020 risks and responses and the answer on what PIC 4020 is and how it affects a partner visa explain the criterion. The guide on partner visa incorrect answers found by the Department explains what to do if an error has already been made.
What happens to the first partner's visa?
The first partner's visa position is separate from the second sponsorship, but it can affect the second case. If the first partner already holds a permanent Subclass 801 or Subclass 100, the separation does not usually change that visa. If the first partner holds only a temporary Subclass 820 or Subclass 309, the separation is relevant to the first partner's permanent stage.
Common situations that affect a partner visa sponsor second partner application include:
- The first partner is still waiting for the permanent stage. The sponsor may notify the Department that the relationship has ended or withdraw support. The answer on whether a sponsor can withdraw sponsorship after the applicant applies explains withdrawal.
- The first partner claims family violence. The first partner may seek a permanent visa under the family violence provisions. The guide on partner visa family violence options explains those provisions.
- The first partner relies on a child of the relationship. In Phan (Migration) [2020] AATA 513 and Rafique (Migration) [2020] AATA 1827, both Subclass 820 matters, the recorded issues included the relationship having ceased, the sponsorship being withdrawn and a child of the relationship. Both were remitted.
Whatever happens in the first partner's case, the first sponsorship still counts if a visa was granted. A partner visa sponsor second partner application should not depend on the outcome of the first partner's permanent stage. The guide on what happens to a Subclass 820 application if the relationship breaks down explains the first partner's position in more detail.
The first partner's account
In a partner visa sponsor second partner case, a former partner may give the Department an account of the relationship that differs from the sponsor's. If the Department intends to rely on adverse information as a reason for refusal, section 57 of the Migration Act 1958 generally requires it to give the applicant particulars of the information, explain its relevance and invite comment. The guide on the section 57 natural justice letter explains how to respond, and the answer on whether information from an ex-partner or a tip-off can be used explains how such information is treated. A separate guide in this series deals with allegations from a former partner in depth.
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How do children from the first relationship affect a second sponsorship?
Children from the first relationship can affect a partner visa sponsor second partner case in two ways: they may support a waiver if the 5 years has not passed, and they may need to be dealt with in the second application if they will live with the new couple.
Children as a waiver factor
In a partner visa sponsor second partner case, one of the Department's policy examples of compelling circumstances is where the previous spouse abandoned the sponsor and there are children dependent on the sponsor who require care and support. A sponsor raising children from the first relationship, with the support of the new partner, may be able to rely on that example. Another policy example is a dependent child of the sponsor and the new partner, who is dependent on each of them.
Children in the second application
If the second partner has children who will migrate, they may be included in the application. The guide on partner visa stepchildren and the answer on including your partner's children in a partner visa explain how. Where another parent has custody or access rights, consent is usually needed. The guide on partner visa child custody and consent and the guide to Form 1229 explain the consent requirements.
In a partner visa sponsor second partner case, the sponsor's own children from the first relationship are usually Australian citizens or permanent residents and are not applicants. Their presence is still relevant evidence of the sponsor's ties to Australia and of the household the second partner is joining. The answer on whether having a child together helps a partner visa explains how a child of the new relationship is treated.
How should a partner visa sponsor second partner application be prepared?
A partner visa sponsor second partner application should be prepared with two sets of evidence: evidence that deals with the sponsor's earlier sponsorship and separation, and evidence of the genuine second relationship. Both sets should be ready before lodgement.
Evidence about the first sponsorship and its end
- The first partner's visa application date and grant dates, so the 5 year calculation is accurate.
- Evidence of the separation, such as a separation statement, divorce certificate, family law orders or property settlement documents.
- Evidence that the first relationship ended before the second became exclusive.
- An honest written account of the first relationship, its breakdown and any later contact with the first partner, particularly where children are shared.
Evidence of the second relationship
- Financial evidence, such as joint accounts, shared bills and money transfers.
- Household evidence, such as a joint lease, shared address records and the division of household responsibilities.
- Social evidence, such as photographs over time, travel records, invitations and evidence that friends and family know about the relationship.
- Commitment evidence, such as plans for the future, wills, insurance nominations and time spent together.
- Form 888 statements from Australian citizens or permanent residents who know the couple.
The guides on partner visa evidence to prove a genuine relationship, the four pillars of partner visa evidence and partner visa household evidence explain what is needed. The answers on who can sign a Form 888 and how many Form 888s are needed explain the witness statements.
Relationship statements in a second sponsorship
The relationship statements should explain the history openly. A partner visa sponsor second partner statement that avoids the first relationship, or treats it as irrelevant, invites questions. A short, factual paragraph on the first relationship and its end, followed by a full account of the second relationship, is usually more persuasive. The guide on relationship statement mistakes to avoid and the answer on whether partners should write separate relationship statements explain how to write them.
Can the 5 year limit be waived for a second partner?
Yes. Regulation 1.20J(2) allows the decision maker to approve a partner visa sponsor second partner sponsorship within the 5 year period if there are compelling circumstances affecting the sponsor. The Department's policy says that, as a matter of law, every case must be assessed against regulation 1.20J(2).
The policy gives four non-exhaustive examples of compelling circumstances affecting the interests of the sponsor:
- 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.
- The new relationship is longstanding.
For a partner visa sponsor second partner waiver, the policy also identifies two matters of particular importance: the nature of the hardship or detriment the sponsor would suffer if the sponsorship were not approved, and the extent of the sponsor's ties to Australia, including the hardship if the sponsor felt compelled to leave Australia to maintain the relationship.
Tribunal decisions on waivers in second sponsorships
Several Tribunal decisions show the kinds of issues raised. In 2004843 (Migration) [2023] AATA 4514, a Subclass 820 matter, the recorded issues were compelling circumstances, a sponsorship less than five years after a Partner visa application, and a child born of the relationship. In Luangkratok (Migration) [2022] AATA 89, a Subclass 820 matter, the recorded issues were compelling circumstances and a sponsor who had previously sponsored a Partner visa applicant within five years of the new application. In Singh (Migration) [2022] AATA 463, a Subclass 309 matter, the recorded issues were the 5 year time limit, a long-standing spouse relationship, and a previous sponsored relationship that did not proceed to marriage. In Aryani (Migration) [2022] AATA 4906, a Subclass 309 matter, the recorded issues were sponsorship limitations, a valid marriage, a genuine spousal relationship and long-term commitment. Each was remitted to the Department.
These decisions are not a guarantee of any result in any partner visa sponsor second partner matter. They show that a partner visa sponsor second partner case within the 5 year period can be argued on its facts, and that children, the length of the new relationship and the strength of the marriage are commonly raised. The guide on partner visa compelling and compassionate circumstances and the guide on partner visa compelling reasons and the length of the relationship explain how these factors are weighed.
The innocent sponsor argument
Many sponsors in a partner visa sponsor second partner case say they did nothing wrong: the first relationship was genuine and it ended through no fault of theirs. The Department's policy calls these innocent sponsor claims. It says decision makers may treat them as compelling circumstances, but the outcome depends on whether the bona fides of the original relationship can be established and whether the first sponsorship was careless, meaning sponsored with the expectation that the sponsor would be free to try again if it did not work out.
For a partner visa sponsor second partner case, this means the evidence of the first relationship is part of the waiver case. Evidence of a long first relationship, genuine efforts to make it work, and a separation for real reasons supports the argument. A pattern of short relationships and quick sponsorships weakens it. The guide on what to do when partner visa compelling reasons are not accepted explains common weaknesses.
Structuring the waiver submission
A waiver submission for a partner visa sponsor second partner case is usually set out in this order: the sponsor's sponsorship history and the date the 5 years ends; the first relationship and its breakdown; the second relationship; each compelling circumstance under its own heading; hardship and ties to Australia; and the supporting evidence. The guide on partner visa compelling reasons and waiver evidence explains how evidence is gathered for each point.
Common mistakes in a partner visa sponsor second partner case
The most common mistakes are miscounting the 5 years, leaving out the earlier sponsorship, marrying before a divorce is final, and saying nothing about the first relationship. Each can turn a manageable partner visa sponsor second partner case into a refusal.
- Counting from the grant or the divorce. The 5 years runs from the first partner's application date, not from the grant, the separation or the divorce.
- Waiting longer than needed. The test is applied at the time of decision, so the second application does not always need to wait until the full 5 years has passed.
- Lodging too early without a waiver case. A decision can be made sooner than expected. The guide on Subclass 820 processing times explains why timing cannot be predicted.
- Leaving out the first sponsorship. The Department has the records.
- Marrying before the divorce is final. The marriage may not be valid, and the case may have to rely on a de facto relationship instead.
- Treating the first relationship as irrelevant. The decision maker will read the second case against the first.
- Ignoring the second partner's own history. The applicant's visa history, character and previous relationships are assessed separately. The guide on why partner visas get refused explains the wider refusal grounds.
Before lodging, the guide on partner visa sponsor risk assessment before lodgement explains the checks that should be done, and the guide on partner visa application review before lodgement explains the full review.
What if the second sponsorship is refused?
If a partner visa sponsor second partner sponsorship is refused, the visa is refused, because sponsorship approval is a criterion for the visa. There is no separate decision sent to the sponsor. The refusal can usually be reviewed by the Administrative Review Tribunal.
- Deadline. The review application must be made within 28 days after the day the applicant is notified, or 7 days if the applicant is in immigration detention. The time limit cannot be extended. The guide on the partner visa appeal deadline explains how it is counted.
- Who applies. For a Subclass 820 refusal and for a Subclass 309 refusal, the visa applicant applies. For a Subclass 300 refusal, the sponsor applies. The guide on who can lodge a partner visa appeal explains the rules.
- Fee. The Tribunal fee for a migration review is $3,727 for fees paid on or after 1 July 2026, with a 50% reduction available for financial hardship and a 50% refund if the decision is set aside or remitted. The guide on partner visa ART fees explains the details.
- Time of decision. The Tribunal decides on the facts at the time of its own decision. If the 5 years has passed by then, the limitation may no longer apply.
The page on partner visa refusals explains how My Migration Lawyers acts after a refusal. The answers on how to challenge a refusal involving sponsorship limitations and what happens if a partner's sponsorship is refused give short overviews, and urgent ART visa refusal applications explains the urgent service. The guide on the partner visa ART review process explains each step.
How My Migration Lawyers helps with a partner visa sponsor second partner case
My Migration Lawyers acts for Australian sponsors who have sponsored a partner before and now want to bring a new partner to Australia. A partner visa sponsor second partner case is a complex case. It brings together the sponsorship limitations, the sponsor's marital and sponsorship history, the first partner's file and the evidence of a new relationship. The firm acts in many matters of this exact type and is capable of handling them from the first review to the Tribunal.
In a partner visa sponsor second partner case, the firm's work usually includes:
- Confirming the first partner's application and grant dates and calculating when the 5 years ends.
- Checking whether the first sponsorship counts, including where the first visa was a Subclass 300, was cancelled, or ended in a family violence grant.
- Advising on the sponsor's divorce status and whether the second relationship should be put forward as a marriage or a de facto relationship.
- Preparing an honest, documented account of the first relationship and its end.
- Building the evidence of the second relationship, including Form 888 statements.
- Preparing a compelling circumstances submission under regulation 1.20J(2) where the 5 years has not passed.
- Responding to section 57 letters and acting at the Administrative Review Tribunal if the sponsorship is refused.
The firm's partner visa lawyers act for sponsors across Australia and overseas by video. The answer on whether a lawyer can help if your sponsor has sponsored a partner before explains this work from the applicant's side, and the guide on complex partner visa applications explains what makes a case complex. Sponsorship limitation matters are supervised by Weiwei Zhang, Principal Lawyer.
If you have sponsored a partner before and are now planning a second sponsorship, the order in which the history is presented matters from the first document lodged. Book a Consultation with My Migration Lawyers, or call 1300 040 300.
Frequently Asked Questions
Can I sponsor a second partner for a partner visa?
Yes. A partner visa sponsor second partner application is allowed, because regulation 1.20J(1)(a) of the Migration Regulations 1994 permits up to two approved partner or fiancé sponsorships in a lifetime. However, regulation 1.20J(1)(b) stops the second sponsorship being approved until at least 5 years after the first partner's visa application was made, unless the decision maker finds compelling circumstances affecting the sponsor under regulation 1.20J(2). The second relationship must also meet the ordinary genuine and continuing relationship test.
When does the 5 year period start for a second sponsorship?
The 5 year period starts on the date your first partner's visa application was made. It does not start on the date that visa was granted, the date you separated or the date your divorce became final. The Department's policy says the period runs from the date the first visa application was made to the date the current sponsorship is approved or refused. You should confirm the exact lodgement date from your records, or through a freedom of information request if necessary.
Can my second partner apply before the 5 years has passed?
Yes. The application can be lodged before the 5 years ends, because sponsorship approval is a time of decision criterion. If 5 years have passed by the date the sponsorship is decided, the limit in regulation 1.20J(1)(b) no longer prevents approval. The risk is that the decision is made earlier than expected. Lodging early is usually safer when a well-prepared waiver submission is included, so that compelling circumstances can be considered if the decision comes before the 5 year date.
Does my first sponsorship count if my first partner never came to Australia?
Yes. The Department's policy says the critical factor is the grant of the visa, and that it does not matter what happens after the grant. A sponsorship where the visa was granted but the applicant never travelled to Australia counts as one of your two sponsorships and starts the 5 year period. The same applies where the visa was cancelled before the partner entered Australia, subject to a narrow historical exception for applications made in late 1997.
Does my first sponsorship count if the visa was refused?
No. The Department's policy says a sponsorship counts for regulation 1.20J only if it resulted in the grant of a visa. A sponsorship connected to a refused application does not count toward the limit of two and does not start the 5 year period. The refused application may still matter in other ways, because the Department can read the earlier file, and any findings about genuineness or false information in that file may be considered again.
Does a two-stage partner visa count as two sponsorships?
No. A two-stage partner visa is counted once, not twice. The Department's policy explains that there is no separate sponsorship approval for the permanent Subclass 801 or Subclass 100 stage, because the criteria for those visas refer back to the sponsor approved for the temporary visa. So sponsoring one partner through the Subclass 820 and Subclass 801, or the Subclass 309 and Subclass 100, uses up only one of your two lifetime sponsorships.
Do I need to be divorced before I sponsor a new partner?
Not always, but your marital status decides the type of relationship you can rely on. If you are still legally married to your first partner, you cannot validly marry your second partner in Australia, so the application would usually rely on a de facto relationship. A de facto relationship generally needs to have existed for at least 12 months before the application, unless an exception applies, such as a registered relationship. A spouse application should normally wait until the divorce is final and a valid marriage has taken place.
What if I married my new partner before my divorce was final?
You should get advice before lodging, because the marriage may not be valid. Where a marriage took place before the sponsor's earlier marriage was legally dissolved, the relationship may need to be assessed as a de facto relationship instead. In Najem (Migration) [2026] ARTA 575, the recorded issues were a marriage before the sponsor's divorce was finalised and the relationship being assessed as de facto, and the matter was remitted. Credibility and the timing of the relationships will usually be examined closely.
Do I have to tell the Department about my previous sponsorship?
Yes. You must declare your previous sponsorship accurately. The Department's policy tells officers to consider the information in the sponsorship and the Department's own sponsorship and visa records, so an omitted sponsorship is likely to be found. Non-disclosure can damage your credibility, and false or misleading information in the visa applicant's own application can engage public interest criterion 4020 for the applicant. Honest disclosure with a clear explanation is always the safer course.
Will the Department look at my first relationship?
Yes, usually. The decision maker will want to know when the first relationship ended, when the second began and whether they overlapped. The Department's waiver policy also refers to whether the bona fides of the original relationship can be established and whether the first sponsorship was careless. A short, honest and documented account of the first relationship and its breakdown, supported by separation or divorce records, usually helps the second application rather than harming it.
Can my new relationship start before my first relationship ended?
It can, but any overlap must be explained honestly. The spouse and de facto tests require a mutual commitment to a shared life to the exclusion of all others, so the decision maker will ask when the second relationship became exclusive. Evidence that the first relationship had ended in substance before the second became committed is important, even where the formal separation or divorce came later. An unexplained overlap can raise doubts about both relationships.
What happens to my first partner's visa if I sponsor someone new?
Your first partner's visa position is separate from your new sponsorship. If your first partner already holds a permanent Subclass 801 or Subclass 100, the separation does not usually affect that visa. If they hold only a temporary visa, the separation is relevant to their permanent stage, and they may have options such as the family violence provisions or a child of the relationship. Whatever happens in their case, your first sponsorship still counts if a visa was granted.
Can the 5 year limit be waived for a second partner?
Yes. Regulation 1.20J(2) allows approval within the 5 years if there are compelling circumstances affecting the sponsor, and the Department's policy says every case must be assessed against the waiver. Policy examples include a dependent child of the sponsor and the new partner, the death of the previous partner, abandonment by a previous spouse leaving dependent children, and a longstanding new relationship. Hardship to the sponsor and the sponsor's ties to Australia are also important factors.
Do children from my first relationship help a waiver?
They can. One of the Department's policy examples of compelling circumstances is where the previous spouse abandoned the sponsor and there are children dependent on the sponsor who require care and support. If you are raising children from your first relationship with the support of your new partner, that may support a waiver. A child of your new relationship who depends on both of you is another policy example. Evidence of care arrangements and dependency should be included.
What happens if my second sponsorship is refused?
The visa is refused, because sponsorship approval is a criterion for the visa. The refusal can usually be reviewed by the Administrative Review Tribunal. The application for review must be made within 28 days after the day the applicant is notified, or 7 days in immigration detention, and the time limit cannot be extended. The Tribunal decides on the facts at the time of its own decision, so if the 5 years has passed by then, the limit may no longer apply.
Can I sponsor a third partner?
Not without a waiver. Regulation 1.20J(1)(a) limits a person to two approved partner or fiancé sponsorships in a lifetime. A sponsor who has already had two sponsorships approved cannot have a third approved unless the decision maker finds compelling circumstances affecting the sponsor under regulation 1.20J(2). A third sponsorship is examined very closely, and the history of both earlier relationships becomes central to the case. Advice should be obtained before any application is lodged.
























