Two in a Lifetime, Five Years Apart
Partner Visa Sponsorship Limitations
Regulation 1.20J limits how often a person can sponsor a partner. Two sponsorships in a lifetime, with at least five years between them. A separate five year wait applies where the sponsor was themselves sponsored as a partner. The Minister can waive all three where there are compelling circumstances affecting the sponsor.
Reviewed by Weiwei Zhang, Principal Lawyer Last updated 30 July 2026
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Sponsorship is a separate application from the visa, and it is assessed against its own criteria. A partner visa cannot be granted if the sponsorship is not approved, so a limitation that catches the sponsor ends the application no matter how strong the relationship is.
Most people discover this after lodging and paying. The three limits in regulation 1.20J are the ones that catch couples most often, and all three can be waived.
Most people discover this after lodging and paying. The three limits in regulation 1.20J are the ones that catch couples most often, and all three can be waived.
The waiver is not automatic, the threshold is high, and the compelling circumstances must affect the sponsor rather than the applicant.
The Three Limits
How Many Times Can You Sponsor a Partner
Short answer
Two in a lifetime. Regulation 1.20J also requires at least five years between sponsorships, and imposes a separate five year wait where the sponsor was themselves granted a partner visa on the basis of someone else sponsoring them. All three limits can be waived where there are compelling circumstances affecting the sponsor.
Two in a lifetime. Regulation 1.20J also requires at least five years between sponsorships, and imposes a separate five year wait where the sponsor was themselves granted a partner visa on the basis of someone else sponsoring them. All three limits can be waived where there are compelling circumstances affecting the sponsor.
The limits sit in regulation 1.20J of the Migration Regulations 1994 and apply to the subclass 820, 309, 300 and their permanent stages. They attach to the sponsor, not to the applicant, which means an applicant can be caught by a history they had no part in and may not have been told about.
The trap is how the five years is counted. It runs from the date the earlier visa application was made, not the date it was granted or the date the relationship ended. On a partner visa that took two years to decide, the difference between those dates can be the difference between being caught and being clear.
The trap is how the five years is counted. It runs from the date the earlier visa application was made, not the date it was granted or the date the relationship ended. On a partner visa that took two years to decide, the difference between those dates can be the difference between being caught and being clear.
Eligibility at a Glance
Has your sponsor sponsored a partner before, at any time
Was your sponsor themselves granted a partner visa through a sponsorship
What was the date that earlier application was made, not granted
Have five years passed since that date
Does your sponsor have a conviction for a relevant offence
Is any applicant under 18 at the time the sponsorship is decided
Do you have a dependent child of the current relationship
Check all of this before you pay the charge, not after
The Three Limits Under Regulation 1.20J
Three separate limits, any one of which can stop a sponsorship. They apply cumulatively, so a sponsor can be caught by more than one at the same time.
Sponsorship limits under regulation 1.20J
Provision
The limit
Counted from
1.20J(1)(a)
A person may sponsor a maximum of two partners in their lifetime
Every previous sponsorship, at any time
1.20J(1)(b)
At least five years must have passed since the previous sponsorship
The date the previous application was made
1.20J(1)(c)
A sponsor who was themselves granted a partner visa must wait five years before sponsoring
The date their own application was made
1.20J(2)
The Minister may approve the sponsorship anyway where satisfied there are compelling circumstances affecting the sponsor
Assessed at the time of decision
Whether an older sponsorship counts can depend on when it occurred, because the definition of a relevant permission changed in the late 1990s. Sponsorships before November 1996 may fall outside the limitation. If your sponsor has a long history, that is worth checking rather than assuming.
Not sure whether your sponsor is caught? Checking now costs nothing. Finding out after lodgement costs $11,710.
The Other Limits
What Other Sponsorship Limitations Apply
Short answer
Regulation 1.20J is the one couples hit most often, but it is not the only limitation. Character based bars operate separately and apply different tests. Each of these attaches to the sponsor, and each needs checking before an application is lodged rather than after.
Regulation 1.20J is the one couples hit most often, but it is not the only limitation. Character based bars operate separately and apply different tests. Each of these attaches to the sponsor, and each needs checking before an application is lodged rather than after.
Registrable Offences and Applicants Under 18
Regulation 1.20KB prevents a person charged or convicted of a child sex offence or similar registrable offence from sponsoring a spouse or child where any applicant is under 18 at the time the sponsorship is decided. It applies to applications made on or after 27 March 2010, and does not apply where no applicant is under 18 at that time, or where the charge was withdrawn or dismissed without conviction.
Significant Criminal Record
Regulation 1.20KC limits sponsorship where the sponsor has been convicted of a relevant offence and has a significant criminal record. Relevant offences cover violence against a person, including family violence, sexual offences, and offences involving weapons or people trafficking. A discretion exists, but it operates on its own terms rather than under the 1.20J compelling circumstances test.
Police Checks and Disclosure to the Applicant
Sponsors are generally required to provide police certificates, and the Department may disclose relevant convictions to the visa applicant. The purpose is to let an applicant make an informed decision about the relationship and about coming to Australia. Sponsors who assume an old conviction will not surface are usually wrong, and non-disclosure creates a worse problem than the conviction itself.
Contributory Parent Visa Holders
Contributory parent visa holders face their own wait under regulation 1.20KA before they can sponsor a partner. Different provision, different test, and the exception turns on compelling reasons affecting the applicant rather than the sponsor. If your sponsor came to Australia on a contributory parent visa, that is the provision to check rather than 1.20J.
Which limitation applies changes the test, the evidence and the prospects. Establishing that first is the whole exercise.
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The Waiver Test
What Counts as Compelling Circumstances
Short answer
Regulation 1.20J(2) allows the Minister to approve a sponsorship despite the limits where satisfied there are compelling circumstances affecting the sponsor. The regulation does not define compelling, and the threshold is high. Departmental policy gives examples, but they are illustrative rather than exhaustive.
Regulation 1.20J(2) allows the Minister to approve a sponsorship despite the limits where satisfied there are compelling circumstances affecting the sponsor. The regulation does not define compelling, and the threshold is high. Departmental policy gives examples, but they are illustrative rather than exhaustive.
A Dependent Child of the Relationship
The example policy names first. A child dependent on both the applicant and the sponsor carries real weight.
Death of the Previous Partner
Where the earlier sponsored relationship ended because the partner died, that is treated as compelling under policy.
Abandonment Leaving Dependent Children
Where the previous partner abandoned the sponsor and left children requiring care and support.
A Longstanding New Relationship
Duration matters. A relationship of many years is treated differently from a recent one.
Hardship to the Sponsor
What the sponsor would suffer if the sponsorship were not approved, evidenced rather than asserted.
Family Violence in the Earlier Relationship
Where the sponsor experienced family violence in the relationship that used up an earlier sponsorship.
It Must Affect the Sponsor, Not the Applicant
This is the detail most waiver requests get wrong. Regulation 1.20J(2) asks whether there are compelling circumstances affecting the sponsor. Hardship to the applicant, however real, is not the test. Where the applicant would suffer, the submission has to explain how that hardship lands on the sponsor as well, through a child, through care responsibilities, or through separation from their own family.
How Long It Stays Valid
These grounds work cumulatively. A single ground is rarely decisive on its own. What persuades is a combination, each supported by documents, with the connection between the facts and the word compelling drawn explicitly rather than left for the decision maker to infer.
Not sure whether your circumstances reach the compelling threshold? That assessment is the whole matter.
Before You Pay
How to Check Whether Your Sponsor Is Caught
Short answer
Ask four questions before anything is lodged. Has the sponsor sponsored a partner before. Were they themselves granted a partner visa. On what date was that earlier application made. And does the sponsor have any conviction for a relevant offence. All four are answerable in an afternoon.
Ask four questions before anything is lodged. Has the sponsor sponsored a partner before. Were they themselves granted a partner visa. On what date was that earlier application made. And does the sponsor have any conviction for a relevant offence. All four are answerable in an afternoon.
Sponsorships allowed
2
Per person, per lifetime, under regulation 1.20J(1)(a).
Gap required
5
years
From the date the earlier application was made, not the date it was granted.
Cost of getting it wrong
$
11,710
The application charge is not refunded where the sponsorship is refused.
Where the Limitation Is Clear, You Still Have Options
Being caught by 1.20J does not end the matter. The waiver exists precisely for couples in this position, and it is granted. What it requires is a submission built around compelling circumstances affecting the sponsor, filed with the sponsorship rather than added later when the Department raises it.
The other option, where the waiver is genuinely unlikely, is a different visa pathway altogether. That advice is worth having before the charge is paid rather than after.
The other option, where the waiver is genuinely unlikely, is a different visa pathway altogether. That advice is worth having before the charge is paid rather than after.
Four questions and an afternoon of checking, before you pay a charge that is not refunded.
The Application
How Long Does the 820 Visa Take
Short answer
Sponsorship is a separate application lodged by the sponsor, linked to the visa application by the Transaction Reference Number. It carries no separate charge. The Department assesses it against its own criteria, including the 1.20J limits, and the visa cannot be granted until it is approved.
Sponsorship is a separate application lodged by the sponsor, linked to the visa application by the Transaction Reference Number. It carries no separate charge. The Department assesses it against its own criteria, including the 1.20J limits, and the visa cannot be granted until it is approved.
Sponsorship application reference
Measure
Time from lodgement
Separate charge for sponsorship
Nil
Who lodges it
The sponsor, after the applicant
Police certificates
Generally required from the sponsor
The sponsor lodges after the applicant, using the Transaction Reference Number the applicant provides. Sponsors are generally required to give police certificates covering every country they have lived in, and the Department may disclose relevant convictions to the applicant so they can make an informed decision.
Where a limitation applies, the waiver request goes in with the sponsorship rather than waiting for the Department to raise it. A submission filed at lodgement frames the matter from the start. One filed in response to a request is answering a concern that has already formed.
A refused sponsorship has its own review right and its own deadline, separate from the visa refusal. In some matters two reviews are needed, and the deadlines run independently of each other.
Where a limitation applies, the waiver request goes in with the sponsorship rather than waiting for the Department to raise it. A submission filed at lodgement frames the matter from the start. One filed in response to a request is answering a concern that has already formed.
A refused sponsorship has its own review right and its own deadline, separate from the visa refusal. In some matters two reviews are needed, and the deadlines run independently of each other.
The waiver submission belongs with the sponsorship at lodgement, not in a reply to a Department request.
Relationship Evidence
What Evidence Supports a 1.20J Waiver
Short answer
Two separate bundles. The compelling circumstances material, which is what the waiver turns on, and the ordinary relationship evidence across the four regulatory categories. A strong waiver argument does not cure weak relationship evidence, and the two are assessed separately.
Two separate bundles. The compelling circumstances material, which is what the waiver turns on, and the ordinary relationship evidence across the four regulatory categories. A strong waiver argument does not cure weak relationship evidence, and the two are assessed separately.
Evidence of the Compelling Circumstances
Birth certificates for a child of the relationship, a death certificate for a previous partner, medical evidence, evidence of caring responsibilities, financial records showing dependence. Documents, not adjectives. Every ground asserted needs a document behind it.
The Sponsorship History Itself
Establish the earlier sponsorships properly: dates the applications were made, grant notices, and how each relationship ended. Where the earlier relationship involved family violence against the sponsor, that history is directly relevant to the waiver and needs evidencing.
Hardship to the Sponsor
The test asks about circumstances affecting the sponsor. Evidence what separation would actually mean for them: care obligations to a child or a relative, medical conditions, employment, and what would happen if they had to leave Australia to be with the applicant instead.
A Written Submission
The submission does the work. It states which limb of 1.20J applies, sets out the compelling circumstances, connects each one to the sponsor rather than the applicant, cites the policy examples where they assist, and attaches the evidence against each ground.
Documents Commonly Required
A written submission identifying which limb of 1.20J applies and why the waiver should be granted
A sponsorship chronology showing every previous sponsorship and the date each application was made
Grant notices or ImmiAccount records establishing those dates
Birth certificates for any child of the current relationship
A death certificate where a previous partner has died
Evidence of abandonment and of dependent children requiring care
Family violence evidence where the earlier relationship involved violence against the sponsor
Medical reports and evidence of caring responsibilities affecting the sponsor
Financial records showing dependence between the applicant and the sponsor
Statements from the sponsor and the applicant addressing the compelling circumstances
Full relationship evidence across all four regulatory categories
Have the sponsorship history and the compelling circumstances assessed before the sponsorship is lodged.
Refusals
Why Are 1.20J Waivers Refused
Short answer
Most refused waivers fail because the submission described a situation rather than argued a case, or because the hardship put forward affected the applicant rather than the sponsor. The threshold is high, and circumstances that are ordinary for any couple facing separation will not meet it.
Most refused waivers fail because the submission described a situation rather than argued a case, or because the hardship put forward affected the applicant rather than the sponsor. The threshold is high, and circumstances that are ordinary for any couple facing separation will not meet it.
Common Refusal Grounds
No waiver request was made at all, because the sponsor did not know the limitation applied
The hardship put forward affected the applicant rather than the sponsor
Compelling circumstances asserted without documents behind them
A short letter rather than a submission addressing the specific limb of 1.20J
Reliance on the genuineness of the relationship alone, which every applicant has
Reliance on financial hardship alone, which policy treats as weaker
A previous sponsorship history that was not disclosed and then emerged
Dates estimated rather than established, so the five year position was wrong
A Department request for information answered late or incompletely
If the Sponsorship Is Refused
A sponsorship refusal carries its own review right to the Administrative Review Tribunal, with a deadline separate from any visa refusal. The Tribunal reconsiders the waiver afresh, and circumstances that have developed since the Department decided can be put to it. See Partner Visa Refusal.
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Refusal Grounds
Which Limitation Applies to Your Sponsor
Short answer
Which provision catches your sponsor determines the test, the evidence and the prospects. The three limbs of 1.20J share one waiver test. The character based provisions do not, and one of them cannot be waived on compelling circumstances at all.
Which provision catches your sponsor determines the test, the evidence and the prospects. The three limbs of 1.20J share one waiver test. The character based provisions do not, and one of them cannot be waived on compelling circumstances at all.
Two Sponsorships Already Used
Regulation 1.20J(1)(a). The sponsor has already sponsored two partners. Every previous partner sponsorship counts, however long ago and however the relationship ended, subject to the older timing rules about what counts as a relevant permission.
Waiver: available under 1.20J(2) on compelling circumstances affecting the sponsor.
Five Years Not Passed Since the Last Sponsorship
Regulation 1.20J(1)(b). The sponsor has sponsored once before and five years have not passed. The clock runs from the date the earlier application was made, not the date it was granted, which frequently makes a real difference.
Waiver: available, and often the most straightforward of the three because time will eventually cure it.
The Sponsor Was Themselves Sponsored
Regulation 1.20J(1)(c). Where the sponsor came to Australia on a partner visa through someone else sponsoring them, they cannot sponsor until five years have passed from the date their own application was made.
Waiver: available on the same test. This limb catches people who do not think of themselves as having a sponsorship history at all.
Registrable Offence With an Applicant Under 18
Regulation 1.20KB. Applies where the sponsor has been charged or convicted of a child sex offence or similar registrable offence and any applicant is under 18 when the sponsorship is decided.
Waiver: the provision has its own exceptions, which are narrower than the 1.20J test. Advice is essential.
Significant Criminal Record
Regulation 1.20KC. Applies where the sponsor has been convicted of a relevant offence and has a significant criminal record. Relevant offences include violence against a person, family violence, sexual offences, and offences involving weapons or people trafficking.
Waiver: a discretion exists but operates on its own terms rather than under 1.20J(2).
Contributory Parent Visa Holder
Regulation 1.20KA. A five year wait before a contributory parent visa holder can sponsor a partner. The exception turns on compelling reasons affecting the applicant rather than the sponsor, and financial reasons are excluded.
Waiver: different test entirely. Do not argue it as though it were 1.20J.
More Than One Can Apply at Once
These provisions are cumulative rather than alternatives. A sponsor can be caught by the two sponsorship limit and the five year rule at the same time, or by 1.20J and a character provision together. Each needs to be identified and each needs to be addressed.
A submission that answers one limb while ignoring another is a submission that fails on the limb it ignored. Establish the full picture before drafting anything.
A submission that answers one limb while ignoring another is a submission that fails on the limb it ignored. Establish the full picture before drafting anything.
Tell us the dates and we will tell you which provision applies and whether a waiver is realistic
The Process
How to Request a Sponsorship Limitation Waiver
Short answer
There is no separate waiver form and no separate charge. The request is made inside the sponsorship application, as a written submission uploaded with the supporting evidence. It should go in at lodgement rather than waiting for the Department to raise the limitation.
There is no separate waiver form and no separate charge. The request is made inside the sponsorship application, as a written submission uploaded with the supporting evidence. It should go in at lodgement rather than waiting for the Department to raise the limitation.
0
1
2
3
4
5
6
7
8
01
Establish the Sponsorship History
Every previous partner sponsorship, and whether the sponsor was themselves sponsored. Ask directly rather than assuming.
02
Get the Dates, Do Not Estimate
The five years runs from the date the earlier application was made. Recover it from ImmiAccount, grant notices, or a request to the Department.
03
Identify Which Provision Applies
1.20J(1)(a), (b) or (c), or one of the character based provisions. Each has a different test and more than one can apply at once.
04
Identify the Compelling Circumstances
A child of the relationship, the death of a previous partner, abandonment, a longstanding relationship, or family violence in the earlier relationship.
05
Connect Each One to the Sponsor
The test asks about circumstances affecting the sponsor. Hardship to the applicant only assists where it lands on the sponsor as well.
06
Gather the Documents
Birth certificates, death certificates, medical reports, evidence of care obligations, financial records. Every ground needs a document.
07
Write the Submission
Naming the limb, setting out the circumstances, citing the policy examples where they assist, and cross-referencing the evidence.
08
Lodge With the Sponsorship
File the submission and evidence at lodgement. If the Department raises the limitation later, respond inside the deadline with the same rigour.
There is no additional Department charge for a sponsorship limitation waiver request. It forms part of the sponsorship application, which itself carries no separate charge.
Have the submission reviewed before the sponsorship is lodged.
The Alternatives
What if a Waiver Is Unlikely
Short answer
Three realistic alternatives exist. Wait until the five years has run, where that is the only obstacle. Look at a visa pathway that does not require partner sponsorship. Or, where the applicant cannot safely return, consider whether a protection claim arises. Each has its own timing and its own consequences.
Waiting is undervalued. Where the sponsor is caught only by the five year rule, and the date is within reach, waiting and lodging clear is often faster and cheaper than a waiver request that may fail. The relationship evidence also strengthens across that period, which helps the visa application itself.
Where the applicant is in Australia, the practical question is what visa holds them lawfully while waiting. Where they are offshore, waiting carries less risk but the separation is longer. Both need planning rather than drift.
Skilled migration and employer sponsorship do not involve a partner sponsorship at all, and for some couples they are the faster route to the same outcome. That assessment is worth doing properly rather than defaulting to a waiver request because it is the obvious next step.
Three realistic alternatives exist. Wait until the five years has run, where that is the only obstacle. Look at a visa pathway that does not require partner sponsorship. Or, where the applicant cannot safely return, consider whether a protection claim arises. Each has its own timing and its own consequences.
Waiting is undervalued. Where the sponsor is caught only by the five year rule, and the date is within reach, waiting and lodging clear is often faster and cheaper than a waiver request that may fail. The relationship evidence also strengthens across that period, which helps the visa application itself.
Where the applicant is in Australia, the practical question is what visa holds them lawfully while waiting. Where they are offshore, waiting carries less risk but the separation is longer. Both need planning rather than drift.
Skilled migration and employer sponsorship do not involve a partner sponsorship at all, and for some couples they are the faster route to the same outcome. That assessment is worth doing properly rather than defaulting to a waiver request because it is the obvious next step.
Tribunal affirmed the refusal? Whether a legal error exists is a question worth answering quickly
How We Help
How My Migration Lawyers Assists With Sponsorship Limitations
Short Answer
We establish whether a limitation applies before anything is lodged, identify which provision catches your sponsor, recover the dates that determine the five year position, build the compelling circumstances case, draft the legal submission, and run the review if the Department refuses the sponsorship.
We establish whether a limitation applies before anything is lodged, identify which provision catches your sponsor, recover the dates that determine the five year position, build the compelling circumstances case, draft the legal submission, and run the review if the Department refuses the sponsorship.
1
Sponsorship History Assessment
We establish the full history: every previous sponsorship, whether the sponsor was themselves sponsored, and how each relationship ended. Sponsors frequently do not know that an old sponsorship still counts.
2
Establishing the Actual Dates
The five years runs from the date the earlier application was made. Where the date is not known, we recover it from ImmiAccount records, grant notices or a request to the Department rather than estimating it.
3
Identifying Which Provision Applies
1.20J(1)(a), (b) or (c), or a character based provision under 1.20KB or 1.20KC, or the contributory parent wait under 1.20KA. Each has a different test and more than one can apply at once.
4
Advice Before You Pay the Charge
If a limitation applies and the waiver is unlikely, we tell you before the $11,710 is spent. That advice is worth more than a waiver request that was never going to succeed.
5
Building the Compelling Circumstances Case
We work through what actually affects the sponsor: a child of the relationship, a death, abandonment, care obligations, family violence in the earlier relationship. Then we find the document that proves each one.
6
Connecting the Circumstances to the Sponsor
The test asks about circumstances affecting the sponsor, not the applicant. We frame hardship so it lands where the regulation requires, which is the detail most waiver requests get wrong.
7
Drafting the Legal Submission
A submission naming the limb, setting out the circumstances, citing the policy examples where they assist, and cross-referencing the evidence. Not a letter explaining the relationship.
8
Character Disclosure Advice
Where the sponsor has convictions, we advise on disclosure, on what the Department may pass to the applicant, and on how to address the record rather than hoping it does not surface.
9
Preparing the Sponsorship Application
The sponsorship is a separate application with its own criteria. We prepare it alongside the visa application so both are decision ready and properly linked.
10
Relationship Evidence in Parallel
A waiver does not cure weak relationship evidence. We build both bundles to the same standard so the application does not simply fail on a different ground.
11
Responding to Department Requests
Where the Department raises the limitation or asks for further material, we respond within the deadline and in the form the Department expects.
12
Reviewing a Refused Sponsorship
A sponsorship refusal carries its own review right and its own deadline. We assess the merits and lodge within time.
13
Running the Tribunal Review
Written submissions, evidence, hearing preparation and attendance. The Tribunal reconsiders the waiver afresh, and circumstances arising since the refusal can be put to it.
14
Advising on the Alternatives
Where a waiver is genuinely unlikely, we set out what else is available: waiting out the five years, a pathway that does not involve partner sponsorship, or a protection claim where return is unsafe.
What Working With Us Looks Like
Lawyers, not agents
Your matter is handled by Australian lawyers, and what you tell us is covered by legal professional privilege.
Fees quoted in writing
You know the professional fee before you engage us. Department and Tribunal charges are paid by you directly.
Advice before you pay
If a limitation applies and a waiver is unlikely, we tell you at the first consultation rather than after the charge is spent.
One firm from start to finish
The same team runs the history assessment, the submission, the sponsorship and any review. Nothing is handed off midway.
Tell us your sponsor history and the dates. We will tell you where you stand before anything is lodged.
After the Grant
What Happens if the Waiver Is Granted
Short answer
The subclass 820 is temporary. Around two years after your original lodgement date, the Department assesses the permanent stage of the partner visa. You must show the relationship is still genuine and continuing at that point. The permanent stage is not automatic and requires updated relationship evidence.
This is where couples relax too early. A successful waiver feels like the hard part is over, and in one sense it is, but the relationship evidence still has to carry the application. If that evidence was neglected while all the effort went into the waiver, the refusal simply arrives on different grounds. Prepare both at the same standard, then keep the relationship evidence current through to the permanent stage.
The subclass 820 is temporary. Around two years after your original lodgement date, the Department assesses the permanent stage of the partner visa. You must show the relationship is still genuine and continuing at that point. The permanent stage is not automatic and requires updated relationship evidence.
This is where couples relax too early. A successful waiver feels like the hard part is over, and in one sense it is, but the relationship evidence still has to carry the application. If that evidence was neglected while all the effort went into the waiver, the refusal simply arrives on different grounds. Prepare both at the same standard, then keep the relationship evidence current through to the permanent stage.
A waiver is one hurdle. The relationship evidence still has to carry the rest.
Questions
Sponsorship Limitation Frequently Asked Questions
Answers to the questions Indonesians applicants ask most often. See also our 30 protection visa FAQs and 30 LGBT protection visa FAQs.
How Many Partners Can You Sponsor in Australia
Two in a lifetime under regulation 1.20J(1)(a). Every previous partner sponsorship counts, however long ago it was and however the relationship ended. The Minister may approve a further sponsorship where satisfied there are compelling circumstances affecting the sponsor.
How Long Do You Have to Wait Between Sponsorships
Five years. The critical detail is that the period runs from the date the earlier visa application was made, not the date it was granted or the date the relationship ended. On an application that took two years to decide, that difference matters.
I Came to Australia on a Partner Visa. Can I Sponsor Someone
Not until five years have passed from the date your own partner visa application was made, under regulation 1.20J(1)(c). This limb catches people who do not think of themselves as having a sponsorship history, because they were the applicant rather than the sponsor.
What Counts as Compelling Circumstances
The regulation does not define it and the threshold is high. Departmental policy gives examples: a dependent child of the current relationship, the death of a previous partner, abandonment leaving dependent children, and a longstanding new relationship. The examples are illustrative rather than exhaustive.
Do the Compelling Circumstances Have to Affect Me or My Sponsor
Your sponsor. Regulation 1.20J(2) asks whether there are compelling circumstances affecting the sponsor. Hardship to the applicant only assists where it also lands on the sponsor, through a child, through care responsibilities, or through the consequences of separation for them.
Does the Sponsorship Waiver Cost Anything
No. There is no separate charge for the sponsorship application and no additional charge for a waiver request. It forms part of the partner visa application you have already paid for.
Can My Sponsor's Criminal Record Stop the Application
It can. Regulation 1.20KC limits sponsorship where the sponsor has a significant criminal record for a relevant offence, and regulation 1.20KB applies where there is a registrable offence and an applicant under 18. Both operate on their own terms rather than under the 1.20J test.
Will I Be Told About My Sponsor's Convictions
The Department may disclose relevant convictions to the visa applicant, so that you can make an informed decision about the relationship and about coming to Australia. Sponsors who assume an old conviction will not surface are usually wrong.
What if the Sponsorship Is Refused
A sponsorship refusal carries its own review right to the Administrative Review Tribunal, with a deadline separate from any visa refusal. The Tribunal reconsiders the waiver afresh, and circumstances that have developed since the Department decided can be put to it.
Should I Just Wait Until the Five Years Has Passed
Often, yes. Where the five year rule is the only obstacle and the date is within reach, waiting and lodging clear is frequently faster and cheaper than a waiver request that may fail. The relationship evidence also strengthens across that period.
Do Old Sponsorships From the 1990s Still Count
It depends on when they occurred, because the definition of a relevant permission changed in the late 1990s. Sponsorships before November 1996 may fall outside the limitation. If your sponsor has a long history, that is worth checking rather than assuming.
Can We Include Family Violence in the Earlier Relationship
Yes. Where the sponsor experienced family violence in the relationship that used one of their sponsorships, that history is directly relevant to the waiver and should be evidenced rather than mentioned in passing.
About the Reviewer
Who Reviewed This Page
Weiwei Zhang is an Australian lawyer practising exclusively in Australian migration law and is the Principal Lawyer at My Migration Lawyers. She reviews the firm's published legal guidance for accuracy.
Weiwei Zhang
Managing Director and Principal Lawyer, My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Weiwei Zhang is an Australian lawyer practising exclusively in Australian migration law and is the Principal Lawyer at My Migration Lawyers. She reviews the firm's published legal guidance for accuracy.
Last Reviewed
16 September 2026
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