Are there any limitations on sponsoring a partner or fiancé for an Australian partner visa?
The limitations on sponsoring a partner or fiancé
It is very important to note that if you have a partner who you may be married to, in a de-facto relationship with, or engaged to, that is your fiancé, and that partner is considering applying for a partner visa. In some circumstances it could be the case that your partner’s application may not be successful because your sponsorship is affected.
Some of the circumstances where your sponsorship can be affected are where you have previously sponsored two or more partner visa applicants or sponsored another applicant within the past 5 years, or you yourself were sponsored as a partner or fiancé in the past 5 years.
Although the Migration Regulations provides for strict criteria with regards to limitations on sponsorship for partner visas. If your sponsorship is affected, then in compelling circumstances you may still nonetheless have your sponsorship approved. Generally these are circumstances where your previous partner has died, your previous partner has abandoned the relationship and there are young children involved. Other circumstances make include that you are now in a long standing relationship with your current partner or fiancé, or that you have children with your current partner or fiancé.
The limitations that are placed on sponsorship may seem harsh to some, but they have been put in place to prevent abuse of Australia’s partner migration program. If your sponsorship is affected then it is very important to get proper advice as soon as possible. If your sponsorship is refused, then your partner or fiancés visa application must be refused as well.
As stated in compelling circumstances your may be eligible for a waiver. The decision maker at the Department of Immigration and Citizenship (DIAC) will take all relevant circumstances into consideration when deciding on whether or not to exercise their discretion. The decision maker will also take into account your ties with Australia and whether refusing the sponsorship would result in any hardship or detriment.
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