How Long After Can a Joint Spknsor Sponsor Again

Practise you know nearly the sponsorship limitation for Spouse, Partner, and Prospective Marriage visas? You can only have sponsored two approved spouses, de facto partners or fiancés? Further to this, y'all cannot accept another sponsorship (whether you lot were sponsor or are sponsoring) canonical nether any of the Partner of Prospective Wedlock visas for 5 years after the first visa application was made. If you were the sponsored or nominated partner, the aforementioned applies, and you cannot sponsor or nominate another spouse, de facto partner, fiancé or interdependent partner until 5 years after your own visa awarding was made. Nether compelling circumstances, this limitation may be waived.

Visas affected by the sponsorship limitation:

• Partner visa (subclass 820)
• Partner visa (subclass 801)
• Partner visa (bracket 309)
• Partner visa (bracket 100)
• Prospective Wedlock visa (subclass 300)

2 sponsorships

When considering if the sponsorship counts, the grant matters. It does not matter whether it is a permanent or temporary visa. Two stage partner visas are counted as 1 sponsorship. Remember, this considers the number of partners you sponsor.

When this sponsorship limitation law was introduced past parliament it was only designed to limit serial sponsors and when those people sponsored gained their permanent residency. A subsequent subpoena to the constabulary erstwhile afterward implemented to bring temporary residency grants to count towards the maximum of 2 and for the 5 year limitation rule. We believe that this subsequent amendment went against the spirit of the initial legislation and overall the department is hesitant to strictly count the grant of a temporary residency visa.

However the department will e'er tell you over the phone and on their web site that a temporary residency granted to the previous sponsored individuals counts simply this can be challenged.

The department volition tell you that your earlier sponsorship counts if..

• Your sponsorship where the visa was granted simply the holder did not travel to Commonwealth of australia – the grant of the visa counts
• A fiancé sponsorship where the visa was granted, the bidder travelled to Australia, simply the matrimony did not occur
• A spouse sponsorship where the visa was cancelled prior to the spouse entering Australia
• If you were sponsored and granted your visa on the grounds of family violence, and your relationship with your sponsor has ceased, this sponsorship counts
• If yous were granted a Partner visa based on your sponsor having passed away, this sponsorship counts

Your earlier sponsorship does not count if..

• A sponsorship where the connected visa application was refused
• Yous were sponsored, granted a partner visa and now want to sponsor a new partner – this does non count equally ii sponsorships
• You were granted a Prospective Marriage visa (subclass 300), travelled to Australia only did not marry your sponsor, and later married another person and applies for a Partner visa

5 Years

The 5 year limitation affects yous whether y'all were sponsored or are sponsoring. 5 years may seem like a long time, just this helps prevent abuse of the system. 5 years is fairly reasonable if the relationships have been genuine, as these visas are but fabricated available to serious relationships. Waivers exist for those with extenuating circumstances. If y'all accept an earlier sponsorship and a new partner and are keen to make a new awarding, you lot volition want to know how to summate the 5 years.

If the sponsor has sponsored/nominated another person, the v twelvemonth period is calculated from the date on which the first visa application was made to the date a conclusion is made on the new awarding.

If the sponsor was sponsored or nominated, the v year period is calculated from the appointment their visa application was fabricated to the date a decision is fabricated on the new awarding.

Because the critical engagement is the date the sponsorship decision is made, this can be catchy. This means you do not need to await for 5 years before you get-go your new application, but if the decision is made before the 5 years are upward, then you lot will face the limitation.

Here is an example:

An Australian citizen sponsored a spouse and this awarding was made on i June 2013. The marriage has since broken down and the Australian citizen has met a new partner whom he wants to sponsor for a Partner visa. The application is lodged on one July 2017. It takes a twelvemonth and the decision is fabricated on ane July 2018. ane July 2018 has surpassed the 5 years, the application is not subject to the limitation and is granted.

The Department of Habitation Affairs (DOHA) assesses each application on a case by case basis and the time it may take to make a decision on your file may differ from the standard. The current processing times are equally follows:

• Partner visa (subclass 820) – xc% of applications processed in 27 months
• Partner visa (subclass 801) – 90% of applications candy in xx months
• Partner visa (bracket 309) – 90% of applications processed in 25 months
• Partner visa (subclass 100) – 90% of applications processed in 23 months
• Prospective Marriage visa (subclass 300) – 90% of applications processed in 23 months

Delight check the DOHA website for updated processing times.

Compelling circumstances

You may still have sponsorship approved despite the higher up limitations if there are compelling circumstances. These circumstances must affect the interests of the sponsor. Such circumstances include but are not express to:

• The bidder and their sponsor have a dependent child who is dependent on each of them
• The expiry of a previous partner
• The previous spouse abandoning the sponsor and there are children dependent on the sponsor requiring care and support
• The new relationship is long standing

How the Department of Habitation Affairs assesses the circumstances are based on the post-obit factors:

• The nature of the hardship or detriment that would exist suffered by the sponsor if the sponsorship were not approved
• The extent and importance  of the ties the sponsor has to Australia and the consequential hardship or detriment that would be suffered if the sponsorship were not approved and the sponsor were to feel compelled to get out Commonwealth of australia to maintain their relationship with the applicant

Are you lot concerned that you may be afflicted past this limitation? Information technology tin be disruptive depending on the circumstances around which your previous sponsorship may be counted. Nosotros strongly recommend every bit always, to accept a sit down with an experienced professional merely to set things directly.

Read: An Introduction to Partner Visas

Read: Prospective Marriage Visa (Bracket 300)

Read: 4 Main Aspects of the Human relationship

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Source: https://www.australiavisa.com/immigration-news/partner-visa-2-sponsorships-5-years-limitation/

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