Australian partner visa sponsorship limitations

An Australian citizen, permanent resident or eligible New Zealand citizen may be eligible to sponsor their partner who is not an Australian citizen or Australian permanent resident for a Partner or Prospective Marriage visa.

Understanding Australian Partner visa sponsorship limitations is very important prior to lodging a partner visa application in Australia. This blog will provide an overview of the current partner visa sponsorship limitations and how they may affect your own visa application.

At Australian Migration Lawyers, we are experienced in assisting couples apply for a range of partner visas. If you or someone you know needs assistance with sponsoring their partner to Australia, contact us today!

Understanding sponsorship for partner visas

In the context of Australian partner visas, sponsorship involves a process where an Australian citizen, Australian permanent resident, or eligible New Zealand citizen accepts to support their partner, who is not an Australian citizen, in applying for a partner visa to live in Australia. This will enable their partner to live with them in Australia permanently.

There are different types of partner visas including the 820/801 Partner Visa, the Prospective Marriage Visa and the 309/100 Partner Visa

820/801 Partner Visa

You will be able to apply for this visa if you are a spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen and you are currently in Australia. This visa lets you stay in Australia with your de facto partner or spouse, allowing you to live, work, study, and travel without any restrictions.

Prospective Marriage Visa (300)

You will be able to apply for a Prospective Marriage Visa if you are engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen and are currently offshore. The Prospective Marriage Visa is a temporary visa that lets you enter Australia to marry your fiancé. It is valid for 9 to 15 months, and after your marriage, you can then apply for a Subclass 820/801 Partner visa in another visa application to stay in Australia.

309/100 Partner Visa

You will be able to apply for this visa if you are a spouse to an Australian citizen, permanent resident, or eligible New Zealand citizen and are currently offshore. These visas permit you to enter Australia to live with your partner, and it allows you to live, study, work, and travel without restrictions.

Although the options available for couples seeking to facilitate their partner’s migration to Australia appear to be complex, at Australian Migration Lawyers we are committed to helping simplify this process for our clients and guide them through the entire application process.

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Eligibility criteria for sponsors

In order to be eligible to sponsor a partner for a visa in Australia, you need to meet the preliminary eligibility criteria. You must be an Australian citizen, a permanent resident, or an eligible New Zealand citizen with a Special Category visa and you have to be at least 18 years of age. Further, you need to prove that you are in a genuine and continuing relationship with your partner and be living together, or not living separately and apart on a permanent basis and have a genuine and continuing relationship with a mutual commitment to a shared life.

Importantly, to be eligible as a sponsor, you may face complications if you have sponsored someone else in the past, or have been sponsored as a partner yourself. For example, in some circumstances, you may need to wait at least five years before applying to sponsor someone again.

At Australian Migration Lawyers, we regularly assist clients to understand if they meet the eligibility criteria to be a sponsor, even in complex circumstances.

Limitations on partner visa sponsorship

In Australia, partner visa sponsorship is subject to certain limitations including:

Number of Times You Can Sponsor

You may sponsor a partner for an Australian visa up to a maximum number of two times and cannot be sponsoring multiple partners at once. If you have sponsored someone in the past and the outcome was successful, you may need to wait before you are able to sponsor another person. Ideally, this time gap is a sponsorship limitation that operates to prevent frequent sponsorships and makes sure that sponsors are genuinely committed to their partner. The Department will review your previous sponsorships in order to assess whether you are eligible to sponsor your partner again.

Previous Sponsorship and Visa Refusal Impact

Previous sponsorships and visa refusals may affect your eligibility to sponsor another partner again. Having such a record may lead to increased scrutiny of any future partner visa applications. Similarly, if a past partner visa application was withdrawn or cancelled, you may encounter restrictions or further requirements may be imposed for new sponsorship applications. Although every matter is analysed individually, a record of multiple refusals or cancellations could significantly impact your credibility as a sponsor.

An Australian Migration Lawyer can assist prospective sponsors to understand how their situation may affect their ability to sponsor their partner. For more information or tailored advice, contact us to organise a consultation with one of our lawyers.

Consequences of breaching sponsorship limitations

If you are a sponsor for an Australian Partner Visa and you do not meet the eligibility criteria to be a sponsor, this may have repercussions. This can include the refusal of your partner’s visa application, loss of the visa application charge, and a waste of time, effort, and money spent during the application process.

Navigating complex situations

Sometimes, navigating Australian sponsorship visas can be complicated, particularly when the situation is rather complex. Particularly in situations where there is a change in relationship status, changes in sponsor eligibility, or the existence of children come into play.

Changes in Relationship Status

For subclasses 820/801 and 309/100, when there is a change in the relationship status, this can significantly affect the visa application. If a relationship ceases prior to the visa being granted, the Department of Home Affairs must be notified immediately as partner visas require that the relationship be genuine and continuing. Without the relevant criteria being fulfilled, the applicant may no longer be eligible for the partner visa they are applying for, or if they have already been granted the visa, they may no longer be eligible for the visa that they hold.

Sponsor Eligibility Changes

All sponsors must be an Australian citizen or permanent resident and not have any disqualifying criminal history. If a sponsor’s circumstances change, they should notify the Department of Home Affairs immediately.

Children Involved

If children are involved as dependents as part of a partner visa application, their well-being and legal status must be carefully considered. For children that are included in a partner visa application, maintaining their status and providing required documents including birth certificates and custody arrangements is compulsory.

All status changes regarding a dependent child must be reported to the Department of Home Affairs as soon as possible to ensure that the dependent child’s visa status remains valid and that their best interests are considered, especially in complex family situations.

How Australian Migration Lawyers can help

At Australian Migration Lawyers, we provide essential services in the partner visa process by assessing eligibility, preparing applications, and offering legal representation. Our team ensures that clients meet all requirements, handle complications effectively, and increase their chances of a successful visa outcome.

We thoroughly evaluate the relationship's authenticity, duration, and the parties' living situations to conclude if the application meets the relevant criteria. Once we establish your eligibility, we then assist with the preparation and submission of the visa application and keep you closely informed and updated on how the application process is going. Contact us today for further assistance with your application.

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Book a consultation

If you are interested in getting more information about your situation, get in touch with Australian Migration Lawyers for a consultation.

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