Partner Visa: Sponsor No More Than Two in a Lifetime


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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:


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    • (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.

Source: classic.austlii.edu.au/…/s1.20j.html
Migration Regulations 1994-Reg 1.20J

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  1. If you feel like sending $5 to buy me a cup of coffee, please click the donate button.
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  2. The law was originally created to cover Permanent visas, but this was amended to include the grant of a 309 or 820.

    However, the immigration department has the ability to override this at their discretion.

    It then comes down to the full details of all aspects of the applicant and sponsor, and no two cases are likely to be the same.

    A migration agent might be able to tell which applications would definitely fail, and possibly which have a better chance of a grant.

    A migration agent might also be able to provide a well written application to increase the chance of a grant.

    That will depend on the full details available, as mentioned above.

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