When applying for an Australian partner visa, many couples are unaware that strict legal limits apply to partner visa sponsorships. These limits can affect how many times you’re allowed to sponsor a partner and how often you can do so.
If you’re planning to sponsor your spouse, de facto partner, or fiancé(e), it’s crucial to understand these restrictions before submitting your application—especially if you have sponsored someone before or previously held a partner visa yourself.
Below, we break down the key sponsorship rules and what you can do if you’re affected by these limitations.
Partner Visa Sponsorship Restrictions and the Five-Year Rule
Two Sponsorships Allowed in a Lifetime
Australian migration law limits you to a maximum of two partner visa sponsorships in your lifetime, across all partner visa subclasses. This applies even if:
- Your previous relationship ended (e.g., divorce or separation)
- Your previous sponsored partner never applied for permanent residency
- The person you sponsored never travelled to Australia
This means, once you have sponsored two partners, you cannot sponsor again unless a waiver is approved.
Even if you haven’t reached the lifetime limit, you may still be affected by a mandatory five-year waiting period between sponsorships.
This applies if you have previously sponsored someone for a partner visa, or you were previously sponsored for a partner visa yourself. Importantly, the five-year period begins from the date the previous visa application was lodged, not the grant date or end of the relationship.
Can Sponsorship Limitations Be Waived?
The Department of Home Affairs may waive these limitations if refusing the sponsorship would result in undue hardship or an unfair outcome in a genuine and ongoing relationship. You will need to present evidence to support this.
“Compelling Circumstances” that may warrant a waiver:
- You and the visa applicant have a dependent child together
- Your previous sponsored partner has passed away
- You were abandoned by your former partner and share dependent children
- You are in a longstanding, committed relationship with the new applicant
Example: We recently asissted a client from Lebanon in applying for a 309 visa, where the last relationship broke down and it was less then 5 years since last sponsorship. A child was born as part of the new relationship. We applied for child australian citizenship and passport and included this in our submission for waiver, which was successful.
To request a waiver, you must provide detailed supporting evidence, including proof of your relationship, circumstances, and any relevant hardship.
The Department of Home Affairs will assesses factors such as:
- Any hardship you would suffer if the sponsorship were refused
- The depth, length, and genuineness of the relationship
- Other ties to Australia
- Best interest of the child
A well-drafted waiver submission can make a significant difference and should be prepared carefully with supporting documents and legal submissions.
Why Sponsorship Limitations Matter
These rules can become major obstacles for couples—especially in second marriages, blended families, or where previous partner visas have been involved.
Failing to comply with sponsorship limitations may lead to:
- Visa refusal
- Delayed processing
- Unnecessary emotional and financial hardship
That’s why obtaining accurate legal advice before lodging a partner visa is essential, particularly if sponsorship limits apply.
Need Help with a Partner Visa or Sponsorship Waiver?
At Tolic Lawyers, we assist clients across Australia and overseas with:
- Partner visa eligibility and application strategies
- Sponsorship waivers for previous sponsorships or waiting periods
- Submissions to the Department of Home Affairs
- Building strong, decision-ready partner visa applications
Contact us today for tailored advice and support with your partner visa pathway.
www.toliclawyers.com.au
