How to Navigate Sponsor Requirements: The Most Overlooked Application When Applying for a Partner Visa.
Did you know that over 50,000 partner visa applications are submitted to the Australian Department of Home Affairs each year? And about 7.4% of these visas were refused in 2022-2023 alone. Why is this?
This blog post aims to provide a comprehensive guide on the sponsorship requirements, outlining the application process, limitations, legal framework, and essential tips to help you navigate this complex journey successfully. In some cases, the refusal may not be due to insufficient evidence but the ineligibility of your partner to sponsor you in the first place!
In this post, we will cover the basics of the sponsorship requirements, eligibility criteria, the application process, and common pitfalls to avoid.
Sponsorship required for Partner Visas
Sponsorship is a fundamental part of the Partner Visa process, ensuring that the sponsoring Australian citizen, permanent resident, or eligible New Zealand citizen is genuinely committed to supporting their partner. However, to prevent misuse and ensure genuine relationships, the Australian government imposes certain limitations on sponsorship.
With the high volume of applications and stringent requirements, applicants need to be well informed to increase their chances of success and avoid costly mistakes.
Definitions:
· Spouse: A person legally married to an Australian citizen, permanent resident, or eligible New Zealand citizen to the exclusion of all others.
· De facto Partner: A person in a relationship akin to marriage with an Australian citizen, permanent resident, or eligible New Zealand citizen, without being legally married. You must be in a de facto relationship for at least 12 months immediately before the lodgement of your application. This relationship must be to the exclusion of all others.
· Fiancé/fiancee: A person in an engaged relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. The engaged couple must have the intention to get married.
· Partner Visa (subclass 820 and 801): Temporary and permanent visas for onshore applicants.
· Partner Visa (subclass 309 and 100): Temporary and permanent visas for offshore applicants.
· Prospective Marriage Visa (subclass 300): This is a temporary residence visa that allows you to enter Australia to marry your partner within the 9-month visa period.
· Applicant: The person making the application to migrate to Australia and is the sponsor’s spouse, intended spouse, or de facto partner.
· Sponsor: An Australian citizen, Australian permanent resident, or eligible New Zealand citizen who is the applicant's spouse, intended spouse, or de facto partner.
Who Can Sponsor and How to Sponsor
To sponsor an applicant on either of the partner or prospective visas, the sponsor must be:
Married or engaged to marry the applicant or be in a de facto relationship with the applicant.
An Australian citizen, permanent resident, or eligible New Zealand citizen.
Over 18 years of age.
Not have been granted a Women at Risk Visa (subclass 204) in the last five years preceding the lodgement of your application.
Able to provide the applicant support.
How to apply: sponsors can make their sponsorship applications online while they are in Australia or overseas. Although not necessary, it is recommended that the sponsorship application is lodged at the same time as the applicant’s application to avoid delays in processing.
The Migration Act 1958, Schedule 2 of the Migration Regulations 1994, and Section 7 of the Social Security Act 1991, regulation 1.03 of the Migration Regulations 1994 outline the eligibility criteria for sponsors, emphasising the need for a genuine and continuing relationship.
Case Study: Michael was born in New Zealand but living in Australia where he met and married Nicole, a Canadian national. He met most of the eligibility criteria but was still determining whether he could sponsor Nicole on a Partner Visa subclass 820 as he holds an NZ passport. Michael came to us seeking our help, and we advised him that he could sponsor Nicole despite not being an Australian citizen or permanent resident because he was present in Australia on 26 February 2001. This was because he was considered an eligible NZ citizen within the definitions of the Social Security Act and Migration Regulations.
Ensuring that the sponsor meets all eligibility requirements is crucial to the partner visa application process. Sponsors should verify their eligibility status and gather the necessary documentation to support their partner’s application.
Responsibilities of a Sponsor
Sponsors have several responsibilities, including providing financial support to their partner, ensuring their partner abides by Australian laws, and helping their partner integrate into Australian society.
Sponsors must agree to an undertaking to provide support and assistance for their partner’s first two years in Australia. This includes accommodation, financial assistance, and ensuring their partner has access to English language education if needed. This undertaking is a legislative requirement under regulation 1.20 of Migration Regulations 1994.
Case Study: Emily, an Australian citizen sponsored her husband Raj for a Partner Visa subclass 100. She agreed to provide accommodation and financial support for Raj’s initial two years in Australia. Emily also helped Raj enrol in English language classes and assisted him in finding employment. Their commitment to fulfilling these responsibilities helped ensure a smooth transition for Raj and contributed to the success of their visa application.
Sponsors must be prepared to take on the responsibilities outlined in the sponsorship undertaking. This commitment demonstrates to the Department of Home Affairs that the applicant will have adequate support upon arrival in Australia and will not rely on the government for welfare payments or assistance. The sponsor must provide this undertaking to avoid the refusal of the visa.
Sponsorship Limitations
The Australian government imposes specific limitations on sponsorship to ensure that the process is not abused and that only genuine relationships are granted visas. These limitations include restrictions on the number of times a person can sponsor a partner and the time intervals between sponsorships.
Under the Migration Regulations 1994, a person can sponsor no more than two partner visa applicants in their lifetime (reg. 1.20J(1)(a)), and there must be at least five years between sponsorships (reg. 1.20J(1)(b)). Additionally, suppose a person has previously been sponsored as a partner or spouse. In that case, they cannot sponsor another partner until at least five years after their visa application was made (reg. 1.20J(1)(c)).However, the Minister may waive this requirement if there are compelling and/or compassionate circumstances. There are also limits on sponsorship where the sponsor has been convicted of a relevant offense(s) and has a significant criminal record (reg. 1.20KC). Moreover, restrictions apply on sponsorships where the sponsor has been convicted or charged with child sexual or serious criminal offenses (reg. 1.20KB).
Case Study 1: Kerry, an Australian citizen, sponsored her first husband in 2010 and her second partner in 2016. She now wants to sponsor her new partner, John, on a Partner Visa subclass 820. Kerry and John have been in a de facto relationship for about three years and have a child, Lockie, together aged two. On the face of it, Kerry was not eligible to sponsor John because she could only sponsor two partner visa applicants in her lifetime despite meeting the five-year gap between the sponsorships. Kerry desperately wanted John to remain in Australia and sought our help. We advised her that we may demonstrate to the Minister of Immigration that compelling circumstances existed. We successfully demonstrated that Lockie was a dependent child of Kerry and John’s new relationship and needed the care of both his parents emotionally and financially. The sponsorship was approved and the Partner Visa was granted.
Case Study 2: Alex, an Australian permanent resident aged 45, was working in Thailand for two years, where he met May. Alex and May got engaged after six months of dating. However, Alex had to return to Australia after his two-year work project finished. Upon applying for a government job, Alex was required to undergo a Federal Police Check. The police check revealed that Alex was charged with carrying a firearm when he was 18 years old, with him serving a 12-month sentence within the same year. Alex was concerned that this conviction might prevent him from sponsoring May on a Prospective Marriage Visa subclass 300. He rang us for advice. We successfully demonstrated to the Minister that Alex’s conviction was not ‘relevant’ anymore as he was imprisoned for 12 months 27 years ago and had no convictions since. We also demonstrated that Alex was remorseful and submitted character statements. Alex’s sponsorship was approved and the Prospective Marriage Visa was subsequently granted.
These limitations are in place to prevent abuse of the visa system and ensure that only genuine, long-term, and safe relationships are granted partner visas. Sponsors must plan their applications accordingly and be aware of these lifetime limits, time gaps, and criminal records to avoid rejection.
Practical Advice for Navigating Sponsorship Limitations
Navigating the sponsorship limitations requires careful planning and awareness of the regulations. Sponsors should ensure they meet the eligibility criteria, understand the limitations, and prepare their documentation meticulously.
Sponsors must provide comprehensive evidence to demonstrate the genuineness of their relationship and their ability to meet sponsorship obligations, as outlined in the Migration Regulations 1994 and policies.
Case Study: David, an Australian permanent resident, wanted to sponsor his same-sex partner, Liam, for a Partner Visa subclass 309. David and Liam didn’t meet the 12-month cohabitation period, so David sought our help. We advised him about the compelling reasons that may be warranted in this situation. To avoid issues with sponsorship requirements and limitations, we helped David and Liam prepare a detailed application with extensive evidence of their relationship, including registering their de facto Relationship, joint financial commitments, shared living arrangements, photos, and social acknowledgment from friends and family. By thoroughly understanding the sponsorship requirements and limitations and providing robust documentation, David and Liam successfully navigated the process and received the visa approval.
Sponsors should take a proactive approach by gathering detailed evidence and understanding the sponsorship requirements and limitations well in advance. Consulting with an immigration lawyer can provide additional insights and help avoid common pitfalls, ensuring a smoother application process.
Conclusion
Sponsorship is a critical element of the Australian Partner Visa application process. Understanding who can be a sponsor, the responsibilities involved, limitations, and the necessary documentation required are vital steps to ensure a successful application. These measures are designed to ensure genuine relationships and prevent abuse of the visa system.
Proper sponsorship not only facilitates the visa process but also ensures that the partner has the support they need to integrate into Australian society successfully.
If you need assistance with understanding and navigating the sponsorship process for Partner Visas, contact our experienced immigration lawyers today. We are here to help you achieve a successful application and start your life together in Australia.
Note: The information provided in this article is meant for general informational purposes only and should not be interpreted as legal advice. Although we strive to provide accurate and useful information, the nuances of Australian immigration law demand personalised advice from legal professionals. Given the dynamic nature of migration regulations, it is essential to consult with experienced immigration experts for up-to-date insights tailored to your individual circumstances. We strongly advise seeking professional guidance to navigate the complexities of Australian immigration law effectively and to achieve the most favorable outcomes for your immigration journey.
