Author: Yogendra Poudel – Registered Migration Agent (MARN: 1797600), Global Consult
❓The Common Question:
“Can I sponsor a new partner for a partner visa if I’ve already sponsored someone before and I’m still legally married to them?”
This is one of the most common — and misunderstood — issues in Australia’s partner visa pathway. Whether you’re navigating the end of a relationship or starting a new one, understanding sponsorship limitations is critical.
📝Case Example:
Let’s take the example of a real-world scenario (names withheld for privacy):
Initial Partner Visa Lodged: 21 October 2019 (Subclass 309/100)
309 Visa Granted: 10 July 2021
Sponsor is still married to the original partner.
Now wants to sponsor a new partner.
This raises a very important legal and migration issue.
📌 What the Law Says:
🔐 Sponsorship Limitation Rules:
Under Regulation 1.20J of the Migration Regulations 1994, there are restrictions on how many times a person can sponsor someone for a partner visa:
✅ You can only sponsor two people for a partner or prospective marriage visa in your lifetime.
✅ There must be at least 5 years between sponsorships, unless compelling and compassionate circumstances apply.
✅ If you’ve been sponsored yourself on a partner visa, you must wait 5 years before sponsoring another partner.
⚠ Still Married? You’re Still Responsible
If you’re still legally married and the previous partner is still on a 309 or awaiting 100 visa, the sponsorship is considered ongoing unless:
The relationship has officially ended, AND
You’ve notified the Department of Home Affairs.
In other words, you can’t just move on and sponsor someone new without resolving the previous sponsorship.
✔ What You Need to Do:
End the Previous Relationship Formally
If you’ve separated, submit a relationship breakdown notification to the Department.
Include documents like a separation agreement, divorce application, or statutory declaration.
Wait or Apply for a Waiver
If within 5 years since the last sponsorship, you may request a waiver with strong reasons, such as:
-Family violence
-Long separation with no communication
-Children from the new relationship
-Emotional or psychological hardship
-Full Disclosure in New Application
You must disclose all previous sponsorships in the new application.
Failing to do so may lead to visa refusal or even sponsorship bans.
💡 Our Professional Advice:
At Global Consult, we often see clients unaware of these crucial sponsorship rules. Before lodging a new partner visa:
-Consult a Registered Migration Agent
-Review your past sponsorship obligations
-Understand the legal standing of your relationship history
👨⚖ Final Thoughts
Love and relationships can be complex — and so can visa laws. If you’re in a new relationship but still legally connected to a previous sponsorship, don’t take any chances.
Reach out to us at Global Consult, and let’s walk you through the correct process to avoid delays, refusals, or legal complications.
📩 Book a consultation via www.globalconsult.com.au
📍 Visit us: Sydney | Canberra | Perth | Tasmania | Parramatta
📞 Call: (02) 8958 6749
