Sponsorship Limitations Waivers
Limitation on Partner Visa Sponsorships
Did you know there are limitations on partner visa sponsorship applications? This applies to all Subclass 300 Prospective Marriage Visas as well as Subclass 820 and Subclass 309 Partner (Provisional) Visas. At Emigrate Lawyers, we’re here to guide you through these regulations to ensure a smooth process.
Sponsorship Limitation
The primary purpose of the limitation on partner visa sponsorships is to prevent a person from sponsoring multiple partners within a short period. Here are the key points:
- If you have sponsored someone for a partner visa in the past, you must wait five years before sponsoring another person.
- A person can sponsor a maximum of two people in their lifetime.
What counts as ‘sponsoring a person’?
- If the sponsorship was granted but the applicant did not travel to Australia, it still counts.
- If the Prospective Marriage Visa was granted but the wedding did not take place, it counts.
- If you submitted a sponsorship application but the visa application was refused, it does not count.
Waiver of the Limitation
The Department of Home Affairs (DoHA) may waive the limitation if there are compelling circumstances affecting the sponsor. These circumstances include:
- The applicant and their sponsor have a dependent child who relies 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.
When considering compelling circumstances, DoHA will evaluate:
- The nature of the hardship that would be suffered by the sponsor if the sponsorship were not approved.
- The extent and importance of the ties the sponsor has to Australia, and the consequent hardship if the sponsorship were not approved and the sponsor felt compelled to leave Australia to maintain their relationship with the applicant.
Registrable Offence
Another critical assessment by DoHA on the sponsorship application is the sponsor’s character. A sponsorship application is usually refused if a police check indicates that the sponsor has a conviction or outstanding charge for a registrable offence. As such, DoHA will usually ask for Australian police checks as well as foreign police checks.
What is considered a registrable offence?
Registrable offences are serious offences, such as child abuse, the murder of a child, causing grievous bodily harm to a child, and possession of child pornography. The meaning of a registrable offence is derived from relevant state/territory legislation, including but not limited to:
- Child Protection (Offenders Registration) Act 2000 (NSW)
- Sex Offenders Registration Act 2004 (Vic)
- Child Sex Offenders Registration Act 2006 (SA)
- Crimes (Child Sex Offenders) Act 2005 (ACT)
- If the sponsor has been convicted of a registrable offence, the sponsorship application will be refused.
Waivers for Registrable Offences
In some circumstances, the above provision may be waived by DoHA. Conditions that must be met include:
- The sponsor completed the sentence imposed for the registrable offence more than five years before the date the sponsorship application was lodged.
- The sponsor has not been charged with a registrable offence since completion of that sentence, or any charges have been withdrawn, dismissed, or otherwise disposed of without a conviction.
- There are compelling circumstances affecting the sponsor or the visa applicant.
Waivers can be extremely complicated and involve writing a submission to DoHA addressing all relevant criteria. Contact us today to see how we can help you.
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For expert advice and assistance on partner visa sponsorship limitations, reach out to Emigrate Lawyers. Our experienced team is here to provide the support and guidance you need to navigate these regulations effectively.