Know Limitation On Partner Visa Sponsorship From Migration Agent In Sydney

There are limitations on a partner visa sponsorship application, did you know? This is applicable to all Subclass 820 and Subclass 309 Partner visa (Provisional) as well as Subclass 300 Prospective Marriage Visa. It is important to know that there are certain sponsorship limitations which may apply to you. Before you are planning to apply for a Partner or Prospective Marriage visa.

To ensure that the sponsored visa applicant is supported during their initial settlement in Australia, The sponsorship aspect of a Partner visa application is designed and therefore no need to rely on the Australian community. Talk with Immigration Agent in Sydney for detail information about limitation on Partner visa sponsorship.

Sponsorship Limitations of a Partner Visa:

Prevent a person from sponsoring multiple partners; the limitation on the partner visa sponsorship is essentially imposed. You would have to wait five years before you can sponsor another person, if you have sponsored a person in the past for a partner visa. However, the maximum number a time a person in a lifetime can sponsor two people. If the application is submitted does it matter but later applicant is restricted to travel to Australia.  What is meaning as sponsoring a person. We will see some example below:

•    It counts as using up one of the sponsorships, If the prospective marriage visa was granted, but the wedding did not take place

•    However, the sponsorship application is not counted in case if you put in a sponsorship application, but the visa application was refused

•    To answer the above question, the applicant did not travel to Australia even if the sponsorship was granted it is still counted. It does not matter that the applicant did not travel to Australia and you have essentially sponsored a person. 

 It is important to understand that every visa grant when considering sponsorship for a partner visa that you have previously obtained counts as a sponsorship. Two-stage partner visas count as one sponsorship whilst both temporary and permanent Partner visa options count as separate sponsorship.

Unless there are compelling circumstances if they have previously received visa grants for 2 partner sponsorships, a person is not able to sponsor an applicant, through a partner visa. To limit serial sponsors that used partner visas this sponsorship limitation was put in place to help individuals gain permanent residency in Australia. Talk with Migration Agent in Sydney for detail information about limitation on Partner visa sponsorship.

Compelling Circumstances: 

Despite the above sponsorship limitations, if there is evidence of compelling circumstances you may still receive a Partner visa grant.  These compelling circumstances may include and must have a direct affect upon the interests of the sponsor: 

•    Death of a previous partner.

•    The previous spouse abandoned the sponsor but there are children who need care and support and who are dependent on the sponsor.

•    Have a dependent child who is dependent on the applicant and their sponsor.

•    Long standing new relationship 

When evaluating the circumstances under which a waiver may be granted The Department of Home Affairs takes the following factors into consideration:

•    The only way to maintain their relationship with the applicant, if a sponsor who has strong ties with Australia feels compelled to leave the country.

•    the sponsor may experience the detriment or the nature of the hardship is the sponsorship was not approved  

Waivers:

The above provision may be waived by DoHA in some circumstances. The conditions that must be met are:

•    Affecting compelling circumstances the sponsor or the visa applicant.

•    Before the date the sponsorship application was lodged the sponsor completed the sentence imposed for the registrable offence more than five years.( Including any period of release under parole, license or recognizance) and 

•    If the sponsor has been charged with a registrable offence since the completion of that sentence or the sponsor has not been charged with a registrable offence since completion of that sentence, without the recording of a conviction, the charges has been dismissed, withdrawn or otherwise disposed of.

What is considered registrable offences?

Broadly speaking registrable offences are considered as serious offences. These include the murder of a child, child pornography possession, child abuse and causing grievous bodily harm to a child.

From the relevant state/territory legislation the meaning of registrable offence is derived:

A)    within the meaning of any of the following Acts an offence that is a registrable offence:

•    Registration Act 2004 the Sex Offenders (Vic);

•     Child Sex Offenders Act 2005 the Crimes (ACT);

•     Offenders Registration Act 2000 the Child Protection (NSW);

•    Registration Act 2006 the Child Sex Offenders (SA);

B)    if it were committed in a jurisdiction mentioned in that paragraph an offence that would be a registrable offence under paragraph (a)

C)    an offence that is a reportable offence within the meaning of any of the following Acts

•     (Offender Reporting) Act 2004 the Child Protection (Qld);

•     (Offender Reporting) Act 2005 the Community Protection (Tas);

•     (Offender Reporting) Act 2004 the Community Protection (WA);

•     (Offender Reporting and Registration) Act the Child Protection (NT);

D)    If it were committed in a jurisdiction mentioned in that paragraph, an offence that would be a reportable offence under paragraph (c).

The sponsorship application will be refused, if the sponsor has been convicted of a registrable offence. Talk with Migration Agency in Sydney for limitation on Partner visa sponsorship for detail information.