Can a Lawyer Help If My Sponsor Has Sponsored a Partner Before?

When does an earlier sponsorship stop a sponsor from sponsoring again?

An earlier sponsorship stops a sponsor from sponsoring again when the sponsor has already sponsored two partners, or when the earlier sponsorship falls within the previous 5 years, unless the limit is waived. A sponsor who was themselves sponsored as a partner within the last 5 years faces a similar limit. Our article on when a sponsor cannot sponsor a partner explains each rule.

What does a lawyer check about the sponsor's earlier sponsorship?

A lawyer checks the exact dates of the sponsor's earlier sponsorships, how many there have been, what happened to each application and how the sponsor came to Australia. Sponsors often remember dates loosely, so the lawyer works from records rather than memory, because a difference of a few months can decide whether the limit applies at all. The lawyer also checks what the sponsor said about earlier relationships in their own visa applications. Where the sponsor no longer holds the paperwork, the Department's records can be requested under freedom of information, which gives an accurate picture of each earlier application and avoids the risk of the couple giving dates that conflict with what the Department already holds.

What makes circumstances compelling enough for a waiver?

Circumstances are compelling enough for a waiver when they affect the sponsor in a way that makes it unreasonable to apply the limit, and the decision depends on the evidence for that particular sponsor. A genuine new relationship on its own is rarely enough, so the submission must explain the wider circumstances and support them with documents. Our article on compelling reasons in partner visas explains how this kind of argument is built.

Does an earlier sponsorship affect how the new relationship is assessed?

An earlier sponsorship affects how the new relationship is assessed because the Department will look at the timing of the earlier relationship, when it ended and how quickly the new one began. Overlapping relationships or unclear separation dates attract close scrutiny. Our article on partner visa previous relationships explains how to present the history clearly and consistently.

What if the partner visa has already been refused because of the sponsorship limits?

Where the partner visa has already been refused because of the sponsorship limits, the decision can generally be reviewed by the Administrative Review Tribunal within a strict time limit. The Tribunal looks at the case afresh and can consider new evidence of compelling circumstances. Our page on partner visa refusals and our article on the ART review process explain the steps.

How does My Migration Lawyers handle a sponsor who has sponsored before?

My Migration Lawyers handles a sponsor who has sponsored before by rebuilding the sponsor's sponsorship history from records, applying the 1.20J rules to the actual dates, and giving the couple a clear view of whether a limit applies. Where a waiver is needed, the firm drafts the submission and gathers the evidence of the sponsor's circumstances so the case is complete when it is lodged. Couples can read our page on sponsorship limitations or speak with our partner visa lawyers.