Partner Visa Sponsor 5 year Limitation Exceptions.
The normal rules that might stop you from sponsoring someone for an Australian Partner visa, or Prospective Marriage visa (PMV), are that you..
- may not be able to sponsor your partner if you have previously sponsored 2 other partners for migration to Australia, in your lifetime.
- may not be able to sponsor your partner if you have sponsored another partner within the last 5 years.
But it can be confusing to some people what the definition of sponsorship is.
It is very clear if you sponsor a partner, who then lives with you in Australia. It is clearly a sponsored visa relationship.
It becomes unclear in some other situations, such as:
- The sponsored Partner visa or PMV was granted, but the applicant did not travel to Australia.
- A PMV was granted, but the wedding did not take place, and did not continue to the 820 visa.
- A partner visa or PMV application was refused.
- A partner visa or PMV application was withdrawn.
From reading various migration agents websites, it becomes clear that a sponsorship is only counted if the applicants visa is actually granted.
Consequently..
- A sponsorship is still counted if the sponsored Partner visa or PMV was granted, but the applicant did not travel to Australia..
- A sponsorship is still counted if the PMV was granted, but the wedding did not take place, and did not continue to the 820 visa..
- A sponsorship is NOT counted if the Partner visa or PMV application was refused.
- A sponsorship is NOT counted if the Partner visa or PMV application was withdrawn.(see below).
This is confirmed on reading an old Partner Migration booklet, (Apr 2015), on page 16. “Approved sponsorships or nominations are those that resulted in the grant of a permission, an entry permit (granted prior to 1 September 1994) or a visa.”
Withdrawn Sponsorships
If a person sponsors a Partner visa, but withdraws the sponsorship before the visa is granted, there are some occasions when that sponsorship will still be counted for future applications.
In cases where the applicant still receives a visa grant, even after the sponsor withdraws, that sponsorship will still be counted in the future.
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