Gold Coast No1! Partner Visa Specialist!

Limitations on Sponsorship

1. A person cannot be a sponsor if you

• have previously sponsored or nominated* 2 or more persons as a fiancé(e) or partner for migration to Australia (including sponsorships/nominations you may have withdrawn but your former fiancé(e) or partner obtained permanent residence on family violence grounds); or
• have sponsored another fiancé(e) or partner within the last 5 years; or
• were sponsored as a fiancé(e) or partner yourself within the last 5 years.

2. If you are a current or previous contributory parent category visa holder

• If you have been granted a permanent contributory parent category visa on or after 1 July 2009, you are unable to sponsor a person for a partner category visa for 5 years from your visa grant date if you were in a married or de facto relationship with that person on or before the date you were granted the contributory parent category visa.
• There are some exceptions to this limitation if you can provide compelling reasons. Compelling reasons may include if your partner was unable to migrate with you because of a major family illness or other significant obligations, other than financially-related obligations. In this situation, the department expects that you will be able to provide evidence of a change in circumstances that now allows your partner to apply for the Partner or Prospective Marriage visa.

Waiver on Partner Sponsorship Limitations

There is a waiver provision that allows your sponsorship to be approved if the decision maker is satisfied that compelling circumstances affecting you exist. Compelling circumstances include, but are not limited to, those where:

• your previous partner has died;
• your previous partner has abandoned the relationship leaving young children;
• your relationship with your current fiancé(e) or partner is long standing; or

you and your current fiancé(e) or partner have children of your relationship.

Waiver of the 12-month relationship requirement

The 12-month relationship requirement does not apply if:

• you can establish that there are compelling and compassionate circumstances for the grant of the visa, such as you have children with your partner or cohabitation was not permissible under the law of the country where you resided for the 12 months before you applied;
• your partner is, or was, the holder of a permanent humanitarian visa, and before that permanent humanitarian visa was granted, you were in a relationship with your partner that satisfies there quirements of a de facto relationship according to the Migration Regulations, and the department was informed of this before the permanent humanitarian visa was granted; or
• your de facto relationship is registered under a law of a state or territory prescribed in the Acts Interpretation (Registered Relationship) Regulations 2008 as a kind of relationship prescribed in those regulations. Relationship registration is not available in all Australian states or territories and eligibility for registration also differs depending on the state or territory. Prospective applicants considering registration of their relationship should check with the relevant state or territory Births, Deaths and Marriages agency for further information.

If the relationship with your partner ends

If your relationship with your partner ends, you must inform the department immediately. In certain circumstances, you may still be eligible to be granted a permanent Partner visa.

You may still be eligible for the Partner visa if you:

• You or a member of your family is the victim of family violence
• have parental responsibility for at least one child

Your partner dies

You may be eligible for a partner category visa if you are:

• Spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, or
• Fiancé of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, or
• De facto partner (including same-sex relationships) with an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

You and your Australian partner:

• are legally married; OR
• intend to legally marry before a decision is made on your visa; OR
• have been in a de facto relationship for at least the entire 12 months prior to the date of application.

Temporary Partner visa SUB309 – Partner(Temporary)

You and your Australian partner:

• are legally married; OR
• intend to legally marry before a decision is made on your visa; OR
• have been in a de facto relationship for at least the entire 12 months prior to the date of application.

Permanentvisa SUB100 – Partner (migrant)

Two years after first applying for the SUB309 visa, you:

• are still in the relationship with your Australian partner (sponsor); AND
• provide the required documentation.

Limitations on Sponsorship

1. A person cannot be a sponsor if you

• have previously sponsored or nominated* 2 or more persons as a fiancé(e) or partner for migration to Australia (including sponsorships/nominations you may have withdrawn but your former fiancé(e) or partner obtained permanent residence on family violence grounds); or
• have sponsored another fiancé(e) or partner within the last 5 years; or
• were sponsored as a fiancé(e) or partner yourself within the last 5 years.

2. If you are a current or previous contributory parent category visa holder

• If you have been granted a permanent contributory parent category visa on or after 1 July 2009, you are unable to sponsor a person for a partner category visa for 5 years from your visa grant date if you were in a married or de facto relationship with that person on or before the date you were granted the contributory parent category visa.
• There are some exceptions to this limitation if you can provide compelling reasons. Compelling reasons may include if your partner was unable to migrate with you because of a major family illness or other significant obligations, other than financially-related obligations. In this situation, the department expects that you will be able to provide evidence of a change in circumstances that now allows your partner to apply for the Partner or Prospective Marriage visa.

Waiver on Partner Sponsorship Limitations

There is a waiver provision that allows your sponsorship to be approved if the decision maker is satisfied that compelling circumstances affecting you exist. Compelling circumstances include, but are not limited to, those where:

• your previous partner has died;
• your previous partner has abandoned the relationship leaving young children;
• your relationship with your current fiancé(e) or partner is long standing; or

you and your current fiancé(e) or partner have children of your relationship.

Waiver of the 12-month relationship requirement

The 12-month relationship requirement does not apply if:

• you can establish that there are compelling and compassionate circumstances for the grant of the visa, such as you have children with your partner or cohabitation was not permissible under the law of the country where you resided for the 12 months before you applied;
• your partner is, or was, the holder of a permanent humanitarian visa, and before that permanent humanitarian visa was granted, you were in a relationship with your partner that satisfies there quirements of a de facto relationship according to the Migration Regulations, and the department was informed of this before the permanent humanitarian visa was granted; or
• your de facto relationship is registered under a law of a state or territory prescribed in the Acts Interpretation (Registered Relationship) Regulations 2008 as a kind of relationship prescribed in those regulations. Relationship registration is not available in all Australian states or territories and eligibility for registration also differs depending on the state or territory. Prospective applicants considering registration of their relationship should check with the relevant state or territory Births, Deaths and Marriages agency for further information.

If the relationship with your partner ends

If your relationship with your partner ends, you must inform the department immediately. In certain circumstances, you may still be eligible to be granted a permanent Partner visa.

You may still be eligible for the Partner visa if you:

• You or a member of your family is the victim of family violence
• have parental responsibility for at least one child

Your partner dies

You may be eligible for a partner category visa if you are:

• Spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, or
• Fiancé of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, or
• De facto partner (including same-sex relationships) with an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

Temporary visa SUB 820 – Partner (provisional)

Once the SUB 300 visa isgranted, you:

• travel to Australia;
• marry your Australian partner (while the SUB 300 visa is valid); AND
• make an application for a SUB 820 visa (in Australia) to stay in Australia.

Permanentvisa SUB 801 – Partner (migrant)

Two years after first applying for the SUB 820 visa, you:

• are still in the relationship with your Australian partner (sponsor); AND
• provide the required documentation.

Limitations on Sponsorship

1. A person cannot be a sponsor if you

• have previously sponsored or nominated* 2 or more persons as a fiancé(e) or partner for migration to Australia (including sponsorships/nominations you may have withdrawn but your former fiancé(e) or partner obtained permanent residence on family violence grounds); or
• have sponsored another fiancé(e) or partner within the last 5 years; or
• were sponsored as a fiancé(e) or partner yourself within the last 5 years.

2. If you are a current or previous contributory parent category visa holder

• If you have been granted a permanent contributory parent category visa on or after 1 July 2009, you are unable to sponsor a person for a partner category visa for 5 years from your visa grant date if you were in a married or de facto relationship with that person on or before the date you were granted the contributory parent category visa.
• There are some exceptions to this limitation if you can provide compelling reasons. Compelling reasons may include if your partner was unable to migrate with you because of a major family illness or other significant obligations, other than financially-related obligations. In this situation, the department expects that you will be able to provide evidence of a change in circumstances that now allows your partner to apply for the Partner or Prospective Marriage visa.

Waiver on Partner Sponsorship Limitations

There is a waiver provision that allows your sponsorship to be approved if the decision maker is satisfied that compelling circumstances affecting you exist. Compelling circumstances include, but are not limited to, those where:

• your previous partner has died;
• your previous partner has abandoned the relationship leaving young children;
• your relationship with your current fiancé(e) or partner is long standing; or

you and your current fiancé(e) or partner have children of your relationship.

Waiver of the 12-month relationship requirement

The 12-month relationship requirement does not apply if:

• you can establish that there are compelling and compassionate circumstances for the grant of the visa, such as you have children with your partner or cohabitation was not permissible under the law of the country where you resided for the 12 months before you applied;
• your partner is, or was, the holder of a permanent humanitarian visa, and before that permanent humanitarian visa was granted, you were in a relationship with your partner that satisfies there quirements of a de facto relationship according to the Migration Regulations, and the department was informed of this before the permanent humanitarian visa was granted; or
• your de facto relationship is registered under a law of a state or territory prescribed in the Acts Interpretation (Registered Relationship) Regulations 2008 as a kind of relationship prescribed in those regulations. Relationship registration is not available in all Australian states or territories and eligibility for registration also differs depending on the state or territory. Prospective applicants considering registration of their relationship should check with the relevant state or territory Births, Deaths and Marriages agency for further information.

If the relationship with your partner ends

If your relationship with your partner ends, you must inform the department immediately. In certain circumstances, you may still be eligible to be granted a permanent Partner visa.

You may still be eligible for the Partner visa if you:

• You or a member of your family is the victim of family violence
• have parental responsibility for at least one child

Your partner dies