# Withdrawn Partner Sponsorship affected by 5 year sponsorship limiits



## arsquare (Mar 17, 2014)

Hi,

Can someone please advice on the below case for partner sponsorship 5 year limitation

Case : 
- First Partner Sponsorship (309 temporary spouse visa) was approved 
- Relationship did not workout and the sponsorship withdrawn after 3 months

Question:
-Can I sponsor again another partner even the 5 years is still not finished considering the first sponsorship is withdrawn and it did not lead to a permanant residency?

Thanks for any advice you can share ...


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## lincsus (Jun 18, 2013)

If the visa was granted (309 or 100), you will have to wait 5 years before sponsoring someone else.


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## Maggie-May24 (Jul 24, 2011)

Even though sponsorship was withdrawn, the visa was approved so the 5-year waiting period would apply. It would be a good idea to speak with a migration agent if you want to see if there are any other options you can look into.


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## arsquare (Mar 17, 2014)

*Limitations on sponsorship*

If you have previously sponsored a partner or been sponsored as a partner Your partner's visa application may be refused if you are affected by certain sponsorship limitations relating to previously successful partner applications.

These include if you:

• have previously sponsored	or nominated 2 or	more persons as a fiancé(e) or partner for migration to Australia (including sponsorships/nominations you may have withdrawn but your former fiancé(e) or 
partner obtained permanent residence on family violence grounds);or
• have sponsored another fiancé(e) or	partner within	the last 5	years; or
• were sponsored as a fiancé(e) or partner yourself within the last 5 years.

*	Prior	to	1	July	2002,	persons	who	applied	in	Australia	for	migration	to	Australia	as	a	partner	were	
'nominated' by their partner. Those who applied outside Australia as a fiancé(e) or partner were 
'sponsored'.

Approved sponsorships or nominations are those that resulted in the grant to an applicant of a 
permission, an entry permit (granted prior to 1 September 1994) or a visa.

You may still be approved as sponsor of your fiancé(e) or partner in compelling circumstances, such as:
• if	your	previous	partner	has	died;
• if	your	previous	partner	has	abandoned	the	relationship	leaving	young	children;	
• if	your	relationship	with	your	current	fiancé(e)	or	partner	is	long	standing;	or	
• if you and your current fiancé(e) or partner have children of your relationship.

The purpose of the sponsorship limitation is to prevent abuse of the partner migration provisions and 
this will be considered by a departmental decision maker when considering whether or not to exercise 
the waiver. Every aspect of your circumstances is relevant to the existence of compelling circumstances, 
including the extent and importance of your ties to Australia and the consequent hardship/detriment that 
would be suffered by you if the sponsorship were not approved.


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## arsquare (Mar 17, 2014)

Hi,

Thanks for the reply maggie-may and lincsus 

I have pulled out the Limitations on Sponsorship latest Partner Booklet

These Limitations are so confusing

- on the condition for maximum of 2 person you can sponsor they enclose in parenthesis "including" which makes you think that if they did not mention the word "including" the statement will mean excluding

- How about the statement that says Approved sponsorships are those that resulted in the grant ..... ????????? What is that for ????

- I cannot see any reason why a withdrawn sponsorship could contribute on the abuse of the system

Thanks for any opinion you can share .. anyway I will be seeing a migration agent regarding this matter and will post result as a reference for others


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## Mish (Jan 13, 2013)

Your ex partners visa was approved therefore it falls into the 5 years unless you fit into one of the other categories. It doesn't matter that you withdrew your sponsorship because it was after approval of the visa.


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## CCMS (Oct 10, 2013)

arsquare said:


> Hi,
> 
> Thanks for the reply maggie-may and lincsus
> 
> ...


The wording can be confusing (especially in the information booklets), but otherwise it is fairly straightforward. If the sponsorship resulted in a visa grant, the limitation will apply, regardless of what happened after the visa grant and subject to the exemptions (children, death of partner, family violence).

The 5 year period is calculated from the date the first application was lodged to the decision date of the new application.


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## arsquare (Mar 17, 2014)

CCMS said:


> The wording can be confusing (especially in the information booklets), but otherwise it is fairly straightforward. If the sponsorship resulted in a visa grant, the limitation will apply, regardless of what happened after the visa grant and subject to the exemptions (children, death of partner, family violence).
> 
> The 5 year period is calculated from the date the first application was lodged to the decision date of the new application.


THANK YOU SO MUCH FOR YOUR ADVICE .
Just have to wait for June 30 2014 as the previous sponsorship was lodge June 30 2009 ... Lucky its not that long to wait


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## CCMS (Oct 10, 2013)

arsquare said:


> THANK YOU SO MUCH FOR YOUR ADVICE .
> Just have to wait for June 30 2014 as the previous sponsorship was lodge June 30 2009 ... Lucky its not that long to wait


The critical date is the decision date of the new visa, not the lodgement date, so technically you don't have to wait until 30 June.


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## arsquare (Mar 17, 2014)

CCMS said:


> The critical date is the decision date of the new visa, not the lodgement date, so technically you don't have to wait until 30 June.


Thats good to know thank you so much .... Is there any written document coming from the department of immigration specifying the *starting from* and* ending to* of the 5 year limitation?

Thanks so much for the advise


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## CCMS (Oct 10, 2013)

arsquare said:


> Thats good to know thank you so much .... Is there any written document coming from the department of immigration specifying the *starting from* and* ending to* of the 5 year limitation?
> 
> Thanks so much for the advise


It is in the Migration Regulations:

http://www.austlii.edu.au/au/legis/cth/consol_reg/mr1994227/s1.20j.html


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## kvdeq (May 17, 2015)

CCMS said:


> It is in the Migration Regulations:
> 
> http://www.austlii.edu.au/au/legis/cth/consol_reg/mr1994227/s1.20j.html


Hi Aresquare and Nick

I have been sponsored by my ex-wife and now my new wife is applying offshore spouse visa.
My question is ,do we have to wait 5yrs to sponsor new wife, which is ending in 3 month. Can I apply now or after 5yrs completed even though calculation 5yrs sponsorship is from the date of first application lodge till new application decision ?

Much appreciate if you could reply my query as soon as possible Please


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## CCMS (Oct 10, 2013)

You can apply whenever you want. 

While it is not likely that the Department will assess the application straight away, there is always the risk that they will do just that and refuse the application because of the sponsorship limitation.

It is therefore important to clearly explain the situation re. the previous sponsorship..


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## firemansam (May 10, 2015)

CCMS said:


> *The wording can be confusing (especially in the information booklets)*, but otherwise it is fairly straightforward. If the sponsorship resulted in a visa grant, the limitation will apply, regardless of what happened after the visa grant and subject to the exemptions (children, death of partner, family violence).
> 
> The 5 year period is calculated from the date the first application was lodged to the decision date of the new application.


Isn't the above bolding the absolute truth, when i was putting together the papers for my fiancee's PMV we had about 4-6 weeks between the 888's i had done by friends and family and actually lodging the application, the night before i left for Vietnam i re-read the migration booklet and discovered a tiny paragraph on one page stating 888 forms have a shelf life of just 6 weeks before the application is lodged. Talk about freak out. I have no idea if it is like that, but that was the only place out of all the reading i have done that was mentioned...
Is it actually the case??


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## CCMS (Oct 10, 2013)

As far as the Migration Regulations are concerned ( which is what I rely on), there is actually no legal requirement to provide any forms 888 at all for a sc. 300 application. 

Obviously you will provide as many letters of support, affidavits, statutory declarations or forms 888 as you can and obviously you want some of them to be quite recent.

If you're worried about it, you can always provide an updated version. Just make sure it covers the period prior to lodgement of the visa application.


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## firemansam (May 10, 2015)

We lodged 6 stat dec's attached to the 888 forms. Only the one from my sister was possible past the 6 weeks by a few days. I was just surprised that the only mention of the 6 week rule was in the migration booklet and nowhere else.


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## CCMS (Oct 10, 2013)

What you refer to only applies to people who are affected by s.48 and who are applying for a partner visa in Australia : 

"Statements from certain persons usually barred from applying for a Partner visa 

If you: are in Australia; and do not hold a substantive visa; and have had a visa refused or cancelled since your last entry to Australia (other than visa cancellation or refusal on character grounds or a Partner visa refusal) 

The statutory declarations must have been made no more than 6 weeks prior to the day you lodge your application."


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