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serpentza

Sponsor limitations for a prospective marriage visa

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Hello, i'm wanting to know if I can sponsor someone for a prospective marriage visa. I have been told that I may be subject to a sponsorship limitation because I obtained PR through my ex-wife who is an Australian citizen. Any help appreciated.  

Background:

I am a South African citizen and hold Australian PR. I got my PR through my ex-wife who is an Australian citizen. I have been on the permanent partner visa for almost 2 years. Not long after I was granted my PR my wife and I separated. We are now legally divorced. No kids. 

I have now been in a relationship with a Vietnamese lady who I met online in March 2017. Since then I have been to Vietnam four times to see her (April 2017, October 2017, Dec/Jan 2018, March 2018). In June this year she applied for a tourist visa and was granted a 3 months single entry. When she was in Australia we became officially engaged 

We are looking at her applying for the prospective marriage visa (unless there is another option), but I have been told I may be subject to a limitation due to how I obtained PR.

Is there any truth to this?

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51 minutes ago, serpentza said:

Hello, i'm wanting to know if I can sponsor someone for a prospective marriage visa. I have been told that I may be subject to a sponsorship limitation because I obtained PR through my ex-wife who is an Australian citizen. Any help appreciated.  

Background:

I am a South African citizen and hold Australian PR. I got my PR through my ex-wife who is an Australian citizen. I have been on the permanent partner visa for almost 2 years. Not long after I was granted my PR my wife and I separated. We are now legally divorced. No kids. 

I have now been in a relationship with a Vietnamese lady who I met online in March 2017. Since then I have been to Vietnam four times to see her (April 2017, October 2017, Dec/Jan 2018, March 2018). In June this year she applied for a tourist visa and was granted a 3 months single entry. When she was in Australia we became officially engaged 

We are looking at her applying for the prospective marriage visa (unless there is another option), but I have been told I may be subject to a limitation due to how I obtained PR.

Is there any truth to this?

Welcome to the Australian Visa Forum,

Usually, you cannot be a sponsor if any of the following apply to you:

  • you were granted a Partner visa or Prospective Marriage visa (subclass 300) in the last five years
  • you have sponsored two other people on a Partner visa or Prospective Marriage visa (subclass 300)
  • you have sponsored another person on a Partner visa or Prospective Marriage visa (subclass 300) in the last five years.

However, you may still be able to be a sponsor if there are compelling circumstances, for example:

  • your previous partner died or abandoned the relationship, and you have young children
  • you have been with your current partner longer than two years
  • you or your partner have dependent children.

gRP3y0B.jpg

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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@serpentza you will have a limitation on your ability to sponsor for 5 years, as you yourself were sponsored for a parter visa. Regulation 1.20J of the Migration Regulations provides that the Minister may approve the sponsorship of an applicant for a visa if the Minister is satisfied that there are compelling circumstances affecting the sponsor.


gRP3y0B.jpg

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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53 minutes ago, AFV said:

@serpentza you will have a limitation on your ability to sponsor for 5 years, as you yourself were sponsored for a parter visa. Regulation 1.20J of the Migration Regulations provides that the Minister may approve the sponsorship of an applicant for a visa if the Minister is satisfied that there are compelling circumstances affecting the sponsor.

Does this mean I have to wait 5 years to sponsor my fiancee? What is meant by compelling circumstances?

Thnx

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11 hours ago, serpentza said:

Does this mean I have to wait 5 years to sponsor my fiancee? What is meant by compelling circumstances?

Thnx

The Migration Regulations provide that a person cannot be a sponsor if they had been granted a partner visa or prospective marriage visa in the past 5 years. An exception to this limit is provided under Regulation 1.20J(2), and is available in circumstances where the Minister is satisfied that “there are compelling circumstances affecting the sponsor”. 

Whilst the Migration Regulations does not define what is meant by  "compelling circumstances affecting the spouse" . The Department's procedures advise manual provides for the following:

 “every aspect of the sponsor’s circumstances is relevant”,  and that while no definitive list can be given, the following factors may be viewed to be particularly important: 

  • The nature of the hardship/detriment that would be suffered by the sponsor if the sponsorship were not to be approved;
  • The extent and importance of the ties the sponsor has to Australia, and the consequent hardship/detriment that would be suffered if the sponsorship were not approved and the sponsor were to feel compelled to leave Australia to maintain their relationship with the applicant. 

Policy also states that compelling circumstances may be found to exist where: 

  • The applicant and the sponsor have a dependent child who is dependent on both of them;
  • The previous partner has died;
  • The previous  partner has abandoned the sponsor and there are children who are dependent on the sponsor who require care and support;
  • The new relationship is longstanding. 

gRP3y0B.jpg

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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Here is the link to a Federal Court Decision that examined this very issue of "compelling circumstances affecting the sponsor".

See: Nagaki v Minister for Immigration & Anor [2016] FCCA 1070 (6 May 2016)


gRP3y0B.jpg

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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