Limitation on Sponsoring a Partner Visa; No More than TWO in a Lifetime.
The Migration Regulations 1994 -Reg 1.20J, limits the number of Partners that a person can Sponsor, for a Spouse, Partner, Prospective Marriage and Interdependency visa, during their lifetime.
These Regulations basically state that only TWO partners can be sponsored during a person’s lifetime.
The words “relevant permission” are used in determining the dates that these rules enforce.
But the definition of “relevant permission” appears to be only after 1 November 1996.
“relevant permission ” means:
- (a) in relation to an application for a visa referred to in subregulation (1AA) made during the period from 1 November 1996 to 30 June 1997 (inclusive)–a visa; and
- (b) in relation to an application for a visa referred to in subregulation (1AA) made on or after 1 July 1997–permission (other than a visa or entry permit) granted under the Act to remain indefinitely in Australia, a visa or an entry permit.
This appears to exclude any sponsorships before 1 November 1996.
Does this mean that three sponsorships would be OK, IF, they were in say 1994, 2004 and 2019? With the 1994 one being excluded from being counted due to it being before the regulation came into effect in 1996.
It appears to say that.
However, for those who do need a third sponsorship, even if all are after the 1996 rule, all is not lost, due to this part of the regulation:
Despite these regulations, the Minister may approve the sponsorship of an applicant for a visa if the Minister is satisfied that there are compelling circumstances affecting the sponsor.
Thank you to those who have sent me a coffee, it is very much appreciated.
Some Visa Applicants might find an Experienced Australian Migration Agent of great assistance. - ai16