Did you know that there are limitations on a partner visa sponsorship application? This is applicable to all Subclass 300 Prospective Marriage Visa as well as Subclass 820 and Subclass 309 Partner (Provisional) Visa.
The limitation on the partner visa sponsorship is essentially to prevent a person from sponsoring multiple partners. If you have sponsored a person in the past for a partner visa, you would have to wait five years before you can sponsor another person. However, the maximum number a time a person can sponsor in a lifetime is two people. So, what is counted as ‘sponsoring a person’? Does it matter if the application is submitted, but later the applicant did not travel to Australia? We will go through some examples now.
DoHA may waiver the limitation if compelling circumstances are affecting the sponsor. Compelling circumstances include:
DoHA will look into the following when considering the compelling circumstances.
Another critical assessment conducted by DoHA on the sponsorship application is the sponsor’s character. A sponsorship application is usually refused if a police check indicates that the sponsor has a conviction or outstanding charge for a registrable offence. As such, DoHA will usually ask for Australian police check as well as a foreign police check.
Broadly speaking registrable offences are serious offences. These include child abuse, the murder of a child, causing grievous bodily harm to a child, and child pornography possession.
The meaning of registrable offence is derived from the relevant state/territory legislation.
(a) An offence that is a registrable offence within the meaning of any of the following Acts:
(i) the Child Protection (Offenders Registration) Act 2000 (NSW);
(ii) the Sex Offenders Registration Act 2004 (Vic);
(iii) the Child Sex Offenders Registration Act 2006 (SA);
(iv) the Crimes (Child Sex Offenders) Act 2005 (ACT);
(b) an offence that would be a registrable offence under paragraph (a) if it were committed in a jurisdiction mentioned in that paragraph;
(c) an offence that is a reportable offence within the meaning of any of the following Acts:
(i) the Child Protection (Offender Reporting) Act 2004 (Qld);
(ii) the Community Protection (Offender Reporting) Act 2004 (WA);
(iii) the Community Protection (Offender Reporting) Act 2005 (Tas);
(iv) the Child Protection (Offender Reporting and Registration) Act (NT);
(d) an offence that would be a reportable offence under paragraph (c) if it were committed in a jurisdiction mentioned in that paragraph.
If the sponsor has been convicted of a registrable offence, the sponsorship application will be refused.
In some circumstances, the above provision may be waived by DoHA. The conditions that must be met are:
‘Compelling’ is given its ordinary dictionary meaning.
Waivers can be extremely complicated. It involves writing a submission to DoHA addressing all the relevant criteria. Contact us today to see how we can help you.
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