HomeAustralian Visa & ImmigrationWhat are the sponsorship limitations on household sponsors (Half 1: A number...

What are the sponsorship limitations on household sponsors (Half 1: A number of Sponsorships)

sponsorship limitations on family sponsors

For a lot of of household class visas, a sponsorship utility is required from the Australian, everlasting resident, or eligible New Zealand Citizen who’s supporting their relative’s migration to Australia.

Sponsors are topic to varied legislative necessities too, which if not met can put the linked visa utility prone to refusal.

For abroad nationals planning emigrate to Australia to dwell with their accomplice/sponsor, an vital query is whether or not this sponsor had sponsored one other particular person up to now, or turned a everlasting resident themselves via the Companion visa.

If that is so, it is very important verify whether or not they’re topic to sponsorship limitations and in that case, whether or not it might be waived.

Which visas do these limitations apply to?

The sponsorship limitations apply to:

When does the limitation come up?

Limitations on a number of sponsorships are outlined in Regulation 1.20J of the Migration Laws 1994. To paraphrase:

  • an individual could also be authorised for under 2 sponsorships of their lifetime;
  • if an individual had sponsored a former accomplice, the brand new sponsorship can’t be authorised till 5 years have handed for the reason that former accomplice’s visa utility was submitted; and
  • an individual who turned a everlasting resident via the Companion visa themselves can’t be authorised as a sponsor till 5 years have handed since their very own visa utility was submitted.

It can typically be clear whether or not the sponsorship limitations apply. Some much less frequent examples of the sponsorship limitation arising embrace that, the:

  • former accomplice’s visa was granted, however they didn’t journey to Australia;
  • former accomplice’s visa was granted after which cancelled;
  • sponsor’s personal everlasting Companion visa was authorised on household violence grounds; pr
  • sponsor’s personal everlasting Companion visa was authorised as a result of their sponsor died.

Whereas these examples seem seemingly harsh, the statutory limitation is triggered as a result of the earlier sponsorship and visa had been authorised. What occurred afterwards is irrelevant.

Within the different, a previous sponsorship the place the linked visa utility was refused is not going to be caught by the sponsorship limitations.

Are you able to waive the sponsorship limitation(s)?

Sure. Even when the sponsor is affected by a limitation, the sponsorship could also be authorised “if the Minister is glad that there are compelling circumstances affecting the sponsor”.

What are compelling circumstances?

What constitutes ‘compelling’ isn’t outlined in migration regulation, and so claims are assessed on a case-by-case foundation. Nonetheless it’s typically understood that the brink is excessive.

Some examples of “compelling circumstances affecting the pursuits of the sponsor” beneath coverage embrace that the:

  • visa applicant and their sponsor have a dependent little one who depends on every of them;
  • earlier accomplice handed away;
  • earlier accomplice deserted the sponsor, and there are kids depending on the sponsor requiring care and assist; or
  • new relationship is longstanding.

These examples aren’t exhaustive, and a few basic issues are embrace the:

  • hardship that the sponsor would undergo if the sponsorship weren’t authorised; and
  • extent and significance of the sponsor’s ties to Australia, and the hardship prompted if the sponsorship weren’t authorised and the sponsor felt compelled to depart Australia to keep up their relationship.

Do you require additional help?

If you’re planning to use for a Companion or Potential Marriage visa and are involved {that a} earlier relationship and sponsorship could also be detrimental, it is very important test and perceive how you can mitigate any dangers earlier than persevering with. Our workers are effectively positioned to help with all points relating to family-sponsored visas, together with sponsorship limitations and waivers. Contact us by e-mail at [email protected] or telephone +61 3 9016 0484.

This doc doesn’t represent authorized recommendation or create an attorney-client relationship. Please seek the advice of an immigration skilled for updated data.



Please enter your comment!
Please enter your name here

Most Popular

Recent Comments