Partner Sponsor Limitation – When did the past 5 years start to count

In order to prevent people abusing partner visa program, the migration regulation has placed some limitations on partner sponsorship. A 5 years ban is one of such limitations, that is,

Your sponsorship might not be approved if you:

a) were sponsored for a Partner or Prospective Marriage visa within the past five years or

b) have successfully sponsored another person for migration to Australia on a Partner or Prospective Marriage visa within the past five years.

From time to time, I always got inquiries from relevant clients about how to calculate these 5 years, when does it start, from the date of visa lodgement or visa grant? Can I lodge another sponsorship application if I have less 12 months to pass 5 years mark?

Calculating the 5 years

Date of original visa application is the beginning of the 5 years period.

If a sponsor has sponsored/nominated another person, the 5 year period between the first sponsorship/nomination and the current sponsorship is calculated from the date on which the first visa application was made to the date of approval/refusal of the current sponsorship.

If the sponsor has been sponsored/nominated, the 5 year period is calculated from the date the sponsor’s own visa application was made to the date of approval/refusal of the current sponsorship.

Can you lodge a partnership application within 5 years period?

Approval/refusal of the sponsorship is a time of decision criteria. Although a sponsorship must be held at time of application, it is only at time of decision that the sponsorship must have been approved.

Given the current processing time for onshore partner visa, around 13 months, so if you are close to your 5 years mark, it is actually quite safe to lodge the application now.

Please note the sponsorship limitations referred to above may be waived if the sponsor has compelling circumstances affecting them. We will discuss the waivers in another separate post.

 

General Advice Warning & Disclaimer

The information provided on this website is general in nature only and does not constitute personal migration advice. The information has been prepared without taking into account your personal objectives, immigration status or needs. Before acting on any information on this website, we strongly encourage you seek advice from MARA Registered Migration Agent or Lawyers.