Is it Possible to Re-Sponsor My Partner on a Partner Visa (SC820/801 or 309/100) Again?
Sponsoring a partner for an Australian Partner Visa is a commitment, both emotionally and legally. But life can be unpredictable, and circumstances sometimes change. This might lead you to wonder if it’s possible to sponsor your partner again after notifying the Department of Home Affairs (DoHA) of the breakup.
Partner Visa Sponsorship
Sponsoring a partner for a Partner visa (Subclass 820/309 or 801/100) typically involves an ongoing and genuine relationship with an Australian citizen, permanent resident (PR) or an eligible New Zealand citizen to bring their overseas partner to stay in Australia permanently.
Re-Sponsorship: Is it Possible?
It is possible to re-sponsor your partner again for a partner visa, but there are specific considerations and potential limitations that may be involved:
Suppose your partner’s Subclass 820/309 visa is still pending and has not been withdrawn. You have notified the Department of a relationship separation but have since gotten back together with your partner. In that case, it is important to get the right advice. We recommend booking a consultation with one of our Accredited Specialists in Immigration Law to guide you and prevent the visa from being refused.
If a previous visa was refused or cancelled, it is important to understand the reasons and address any issues that led to those visa decisions. Consult with Jason Ling - Accredited Specialist in Immigration Law for tailored advice and address any potential issues before attempting to sponsor your partner again.
Keep in mind that there are certain sponsorship limitations on how often and how many times you can sponsor a partner. Generally, you can sponsor a maximum of two partners in your lifetime, with a minimum 5-year gap between sponsorships. However, if you were to sponsor more than 2 times in your lifetime or within the 5-year gap. In that case, it is best to have a chat with Angela De Silva – Accredited Specialist in Immigration Law to assist in meeting your visa goals.
As a sponsor, you must meet character requirements. We have a separate article covering if the sponsor doesn’t meet the character requirement and what you can expect.
DoHA requires evidence of a genuine and continuing relationship. This involves showing that your relationship meets the four pillars.
Related:
How Can Agape Henry Crux Assist
Given the complexity and potential challenges involved in re-sponsorship, it might be beneficial to consult with an Accredited Specialist in Immigration Law at Agape Henry Crux. They will be able to assist you in exploring the best options to meet your visa goals as they specialise in handling highly complex matters. You can schedule an appointment to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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