Can I Sponsor My Partner If I Was Sponsored on a Partner Visa?

How does the five-year limit work for a sponsor who was sponsored as a partner?

The five-year limit for a sponsor who was sponsored as a partner is counted from the date the sponsor lodged their own partner visa application, not from the date that visa was granted or the date the sponsor became a citizen. If fewer than five years have passed when the new partner's application is lodged, the sponsorship generally cannot be approved unless the Department waives the limit. Becoming an Australian citizen does not reset the period. Our page on partner visa sponsorship limitations explains how each limit is counted.

What are compelling circumstances for a sponsorship limit waiver?

Compelling circumstances for a sponsorship limit waiver are circumstances affecting the sponsor that are serious enough for the Department to set aside the limit, and the Department assesses each request on its own facts. A new relationship, however genuine, is generally not enough by itself. The waiver request should explain the sponsor's situation fully and be supported by documents. Our article on when a sponsor cannot sponsor a partner visa explains the waiver in more detail.

What happens if the sponsorship limit is not met?

If the sponsorship limit is not met and no waiver is granted, the sponsorship is refused, and the partner visa application that depends on it will also be refused. The applicant's visa status in Australia, and any review right, then become urgent questions. Our article on partner visa refusal reasons explains how sponsorship problems lead to refusal, and our page on partner visa refusals explains review.

Does the Department look at the sponsor's own partner visa history?

The Department looks closely at the sponsor's own partner visa history when the sponsor was sponsored as a partner, including how and when that earlier relationship ended. The Department compares what the sponsor said in their own application with what they say now, so the dates of separation and the start of the new relationship must be accurate and consistent. Our article on partner visa previous relationship history explains why this comparison matters.

Should we wait until the five years has passed?

Waiting until the five years has passed is often the safest option where no strong waiver case exists, but it is not always practical. If the new partner is in Australia on a temporary visa, the couple must consider whether that visa will last, whether condition 8503 applies, and whether the applicant can lawfully remain in Australia while waiting. Our article on partner visa condition 8503 waiver explains one of the most common barriers for visitors.

How does My Migration Lawyers advise sponsors caught by the five-year limit?

My Migration Lawyers advises sponsors caught by the five-year limit by calculating the exact date the limit ends from the sponsor's own application record and then testing whether a waiver argument genuinely exists. Where it does, the firm prepares a waiver submission with the evidence the Department needs. Where it does not, the firm plans a lawful way for the couple to stay together until the sponsor becomes eligible. Sponsors can discuss the timing with our partner visa lawyers.