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Effect of Sponsorship Withdrawal on 2nd Partner Visa App? and Right to Info?

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Hi folks,

After lodging the first stage Onshore Partner Visa for my Thai partner In March 2016  (801?) her behaviour changed noticeably and it soon became clear that obtaining PR was a higher priority than staying in any kind of serious relationship with me.  So with great reluctance I withdrew my sponsorship in September 2016 after many months trying to make things work for our future.

I sent the formal withdrawal email in about mid September 2016 to the NSW partner visa address and received confirmation some weeks later that my sponsorship had been removed. I was aware that this meant I would no longer have access to the file or any knowledge of how her application would progress due to relevant laws. This didn't worry me in the slightest as I knew I had made the right decision and was just glad to be out of what had become a fairly toxic relationship.

Fast forward 2 years and 5 months, however, and I now find myself developing serious feelings for my new girlfriend who has just received a letter from immigration advising that her latest student visa application has been rejected and that she has to return to her home country by mid March. She has plans for a 489 visa, but some understandable doubts as to its likely success in terms of gaining the necessary employer sponsorship required to progress to PR. So, I need to know what the prospects would be for a possible future partner visa application if this ended up being the only way we could be assured of remaining together in Australia.

I don't believe I'm subject to the 5 years minimum wait period as I withdrew my sponsorship from the first partner visa application before it progressed to the second stage, and I have the formal confirmation from Immigration regarding my withdrawal of sponsorship. However I have some serious concerns as to what my original partner  may have alleged to be able to continue staying in Australia. (She is currently living in Brisbane and has done so since late September 2016 when she returned to NSW and then promptly returned to the state in which we met (QLD).

How truthful is her assertion likely to be about not receiving this notice from immigration some 11 months after I withdrew sponsorship? I thought it was standard practice for immigration to send these notices upon sponsorship withdrawal? noting that there's no doubt that immigration had record of me withdrawing sponsorship because they gave me the obligatory confirmation regarding sponsorship withdrawal in about Sept/Oct 2016...

I think the answer must be pretty clear but then again when you go through this forum and see reports of other partner visa applicants who have lodged and heard nothing from the department some 19 months after lodging I have some doubts. Needless to say, if she did receive the notice, and she's been able to argue a case to stay, it must have been based on some kind of false assertions regarding domestic violence because we definitely didn't have a child together which I understand is the only other possible way a partner can stay once sponsorship has been withdrawn?

Further to this: if her false allegations were somehow accepted, how will this impact on the assessment of any future partner visa applications I lodge? Will it be factored in and reduce the likely success of my 2nd application??

Finally, what can I do to go about knowing for sure whether any such allegations were made against me from the first partner visa application? Can I request a copy of the file using right to information laws or similar? What are my options in terms of finding out so I can at least have an idea how any future applications will be received before investing the huge sums required for these applications, not to mention future hopes of a lifetime...

Thanks in advance for your advice..

 

 

 

 

 

 

 

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Once you withdraw your sponsorship, the Department will not advise you of any outcome for privacy reasons, which then makes it extremely difficult, as you have alluded to. You may need to submit a Commonwealth Freedom of Information application for more information. However I am sure there will be some public interest considerations against disclosure of the personal affairs of another person. You might want to get some advice on making an FOI application. 

An applicant can still be granted the permanent partner visa is the Department is satisfied that family violence has occurred. Family violence in this context has particular definition that can be found in Regulation 1.23 of the Migration Regulations Note: Family violence can be found to have occurred notwithstanding that a sponsor was never charged or convicted of a criminal offence. 

In relation to any sponsorship limitations, these can also be found in the Migration Regulations See Regulation REG 1.20J Limitation on approval of sponsorships--spouse, partner, prospective marriage and interdependency visas. Based on what you have posted, I am pretty confident that you would have a 5 year limitation on sponsorship. However, the Department may approve the sponsorship of an applicant for a visa if the Minister is satisfied that there are compelling circumstances affecting the sponsor.


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23 hours ago, AFV said:

Once you withdraw your sponsorship, the Department will not advise you of any outcome for privacy reasons, which then makes it extremely difficult, as you have alluded to. You may need to submit a Commonwealth Freedom of Information application for more information. However I am sure there will be some public interest considerations against disclosure of the personal affairs of another person. You might want to get some advice on making an FOI application. 

An applicant can still be granted the permanent partner visa is the Department is satisfied that family violence has occurred. Family violence in this context has particular definition that can be found in Regulation 1.23 of the Migration Regulations Note: Family violence can be found to have occurred notwithstanding that a sponsor was never charged or convicted of a criminal offence. 

In relation to any sponsorship limitations, these can also be found in the Migration Regulations See Regulation REG 1.20J Limitation on approval of sponsorships--spouse, partner, prospective marriage and interdependency visas. Based on what you have posted, I am pretty confident that you would have a 5 year limitation on sponsorship. However, the Department may approve the sponsorship of an applicant for a visa if the Minister is satisfied that there are compelling circumstances affecting the sponsor.

Hi AFV,

After checking regulation 1.23 it led to regulation 1.24 which afaik is how the applicant would actually claim the abuse, and correct me if I'm wrong, but for the applicant to proceed with the allegation (via the family court?) they have to provide supporting evidence in the form of a stat dec by a 'competent person'. Could this include the statement of a lay person friend who we stayed with for a few days after arriving in Sydney and then who was present at the final day we were together post cancellation where she collected her belongings from my house (and also attempted to record me using her Mobile) ?? Or would it be limited to a medical specialist of some kind "Expert witness" ??

Moreover, if she did do this, if she was awarded the visa on the basis of a non judicial domestic violence judgement then would that give me a criminal record? If not then what kind of record?

Thanks for your well detailed reply with the legislative links. This has been a real boon for me at this troubling time.

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20 hours ago, Aussie_83 said:

The limitation is based on visa approval. So long as the first stage was granted it didn't matter what the result of the PR is/was.

Just to clarify, We didn't even have a case officer assigned at any point within the 6 months up till when I withdrew the sponsorship, so she must have been on the bridging visa? Or is the fact that they accepted our $7k payment and created the immi account the equivalent of 'approval' ??

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25 minutes ago, Stakes said:

Hi AFV,

After checking regulation 1.23 it led to regulation 1.24 which afaik is how the applicant would actually claim the abuse, and correct me if I'm wrong, but for the applicant to proceed with the allegation (via the family court?) they have to provide supporting evidence in the form of a stat dec by a 'competent person'. Could this include the statement of a lay person friend who we stayed with for a few days after arriving in Sydney and then who was present at the final day we were together post cancellation where she collected her belongings from my house (and also attempted to record me using her Mobile) ?? Or would it be limited to a medical specialist of some kind "Expert witness" ??

Moreover, if she did do this, if she was awarded the visa on the basis of a non judicial domestic violence judgement then would that give me a criminal record? If not then what kind of record?

Thanks for your well detailed reply with the legislative links. This has been a real boon for me at this troubling time.

You're welcome.

A non-judicially determined claim of family violence has nothing to do with the Family Court. The relevant Regulation is 1.23(9).

Regulations 1.24 and 1.25 provide for the manner in which evidence for a claim of alleged family violence is to be made. Regulation 1.25 provides for what must be included in the Statutory Declaration made by the alleged victim. Particularly note Regulation 1.25(f) which provides that the Statutory Declaration "must set out the evidence on which the allegation is based". The Department will consider all relevant evidence put forward by the alleged victim. However as to how much weight is attached to the alleged victims evidence is another story.

Just adding to this, the definition of family violence is found in Regulation 1.21, and means conduct, whether actual or threatened, towards:

                     (a)  the alleged victim; or

                     (b)  a member of the family unit of the alleged victim; or

                     (c)  a member of the family unit of the alleged perpetrator; or

                     (d)  the property of the alleged victim; or

                     (e)  the property of a member of the family unit of the alleged victim; or

                      (f)  the property of a member of the family unit of the alleged perpetrator;

that causes the alleged victim to reasonably fear for, or to be reasonably apprehensive about, his or her own wellbeing or safety.

As you can see the conduct that can amount to family violence is at a much lower threshold than it is for a criminal offence. A person does not need to have been convicted of a criminal offence for there to be a determination that a person has suffered family violence.

Lastly a non-judicially determined claim of family violence does NOT result in a person having a criminal conviction. In order for that to happen the person would need to be charged and convicted of a criminal offence. The Department would of course have on record the details of any sponsor that was subject to a determination of family violence.  


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3 hours ago, AFV said:

You're welcome.

A non-judicially determined claim of family violence has nothing to do with the Family Court. The relevant Regulation is 1.23(9).

Regulations 1.24 and 1.25 provide for the manner in which evidence for a claim of alleged family violence is to be made. Regulation 1.25 provides for what must be included in the Statutory Declaration made by the alleged victim. Particularly note Regulation 1.25(f) which provides that the Statutory Declaration "must set out the evidence on which the allegation is based". The Department will consider all relevant evidence put forward by the alleged victim. However as to how much weight is attached to the alleged victims evidence is another story.

Just adding to this, the definition of family violence is found in Regulation 1.21, and means conduct, whether actual or threatened, towards:

                     (a)  the alleged victim; or

                     (b)  a member of the family unit of the alleged victim; or

                     (c)  a member of the family unit of the alleged perpetrator; or

                     (d)  the property of the alleged victim; or

                     (e)  the property of a member of the family unit of the alleged victim; or

                      (f)  the property of a member of the family unit of the alleged perpetrator;

that causes the alleged victim to reasonably fear for, or to be reasonably apprehensive about, his or her own wellbeing or safety.

As you can see the conduct that can amount to family violence is at a much lower threshold than it is for a criminal offence. A person does not need to have been convicted of a criminal offence for there to be a determination that a person has suffered family violence.

Lastly a non-judicially determined claim of family violence does NOT result in a person having a criminal conviction. In order for that to happen the person would need to be charged and convicted of a criminal offence. The Department would of course have on record the details of any sponsor that was subject to a determination of family violence.  

This is absolutely heinous. It appears that my ability to sponsor the potential love of my life is dead in the water because my ex may have concocted some fabricated story about what occurred between us. Your knowledge of the legislation and interpretation of its application is a godsend AFV, but I've got some additional info to provide and I'd like to get your thoughts as to what likely path was taken to arrive in the current position (her still living in Australia in spite of the cancellation in Sept 2016)

(1) She had a close friend who worked at the department of immigration. At the time of the cancellation, she was arriving back to Sydney from a brief trip to her homeland (Thailand) whilst on a BVB which I paid the $142 for before she left. After staying just a few days in Sydney she immediately moved back to Brisbane and moved in with this friend who worked at immigration. She proceeded to live with them for at least another 6-9 months.

(2) She attempted to get back together with me in August 2017 and in the sporadic contact that preceded this she was very much trying to tell me what a great person I was and that she wanted us to get back together.

(3) In September 2017 I had a new girlfriend for the first time since the breakup with my ex. She asked about a photo I was tagged in on facebook and encouraged me to see if I could get myself untagged. Suprisingly this actually requires the cooperation of the other party which just so happened to be those 2 persons we stayed with upon arrival in Sydney back in Feb 2016, and one of whom was there with my ex when she collected her stuff. In spite of politely asking that they remove it my ex got involved and made it very awkward and clearly created a rift between us all. Interestingly, I bumped into these same two persons by complete chance in Feb 2018 whilst working in their area. I found them to be extremely up tight and avoiding. Almost to the extent that they were guilty or ashamed....  I do wonder if they are the one(s) who signed any stat decs pursuant the non judicial order my ex may have been seeking evidence for (remembering she tried recording me on her mobile at the final visit together to collect her things).

(4) In trying to find out what she might have said to Immigration I called her just over a week ago now and pleaded with her to at least tell me so I know what my prospects are with my new partner, if we were to do another PV. She gave me _very_ little but did admit that shes now sponsored by another man on a partner visa.

SO: Given how long it takes immigration to look at these files, AND given some possible assistance from a friend inside immigration, is it possible that she delayed having the file looked at after I withdrew my sponsorship, and thus bought herself the extra year she needed to see if she could talk me back round, or more likely: find a new sponsor for her next partner visa?

Personally I'm hoping she simply use the friend inside to 'hide' her file for a while as she always promised she would fly back to Thailand before making any such allegations against me. Given that she has a partner visa with someone else now, doesnt it seem likely that she simply said nothing and simply used the extra time to find someone else as a sponsor? I mean if she made the allegations of domestic violence that we suspect then she would have been awarded PR anyway right? Thus making any future partner visa's unnecessary?

Thanks again for your valuable input...

 

 

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If she had her permanent partner visa granted on the basis of having suffered family violence, then that would be entirely at odds with her statement that that she is now sponsored by another man for a partner visa.

Moving forward you need to establish whether you are currently subject to a sponsorship limitation. Currently for partner visa applications the application is firstly made followed by the sponsorship being submitted. Pre-approval for sponsor is not in force yet. You certainly don't want to spend $7000+ on the partner visa fee, then to find out that you have a sponsorship limitation. If that were the case you would need to show that there are compelling circumstances affecting yourself as to why the limitation should be waived. 

Getting any information out of the Department will be very difficult due to privacy reasons, and I certainly don't think you will get that kind of information over the phone. The information that you are seeking is not whether your former partner was granted her partner visa due to family violence, but whether you are subject to sponsorship limitation.

Perhaps writing to the Department through your local Federal Minister or submitting a Commonwealth FOI application - or doing both. 

   

 

 


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The family violence provisions relating to non-judicial family violence claims have always been open to abuse.  


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Just now, Bridge said:

The family violence provisions relating to non-judicial family violence claims have always been open to abuse.  

Here are some Family Violence Provision Statistics:

2016 - 2017 544 FVP claims of which 417 (77%) were successful  

2017 - 2018 619 FVP claims of which 494 (80%) were successful

Source: Dept of Home Affairs FOI Disclosure Log 

 


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7 hours ago, Stakes said:

Just to clarify, We didn't even have a case officer assigned at any point within the 6 months up till when I withdrew the sponsorship, so she must have been on the bridging visa? Or is the fact that they accepted our $7k payment and created the immi account the equivalent of 'approval' ??

When she applied for the partner visa she was actually making a combined application for both the temporary and permanent visa at the same time. However a decision is not made on the permanent visa until at least 2 years has passed. The fact that she had made the application and was yet to be granted the temporary visa does not prevent the family violence provisions being applied. This is provided for in the Schedule 2 for both the onshore temporary and permanent visa. 

Note: the offshore temporary partner visa (subclass 309) does not have the family violence provisions in the Schedule 2 criteria. 


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Sorry to hijack this guys but hoping to get some similar advice here. I am helping my girlfriend with her PMV application. From my reading I am worried that I will have problems with sponsoring her. In 2006 I was convicted of assault occasioning and sentenced to 18 months periodic detention. I was 21 at time and a stupid idiot. Im now 33, have been a full time tradesman ever since, and not one further blemish. Not even a parking ticket. What are my chances? Thanks Danno.

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8 hours ago, AFV said:

When she applied for the partner visa she was actually making a combined application for both the temporary and permanent visa at the same time. However a decision is not made on the permanent visa until at least 2 years has passed. The fact that she had made the application and was yet to be granted the temporary visa does not prevent the family violence provisions being applied. This is provided for in the Schedule 2 for both the onshore temporary and permanent visa. 

Note: the offshore temporary partner visa (subclass 309) does not have the family violence provisions in the Schedule 2 criteria. 

I thought from your earlier reply a few hours before this one that because she now has a 2nd partner visa it rules out the possibility that she would have made a non judicial family violence claim? This reply seems to suggest that its still a possibility?, or are you just trying to show the possibilities for anyones case, and not specific to my own?

What I'm having trouble reconciling is the fact that she denied ever receiving the 30 day ultimatum letter after I withdrew sponsorship. I thought this was a standard issue letter upon having a sponsorship withdrawn? Are there any provisions that would have allowed her to avoid receiving and/or answering to such a letter??

I've just realised that even her latest claim to be in a partnership may be false, in which case she almost certainly would have made a non judicial family violence claim as I originally suspected... Time to look at this commonwealth info or RTI request methinks. Do you have any stats on how successful these kinds of requests are ?? Or perhaps more importantly, how to increase their likelihood of success? Furthermore, what are the stats on success rates of 2nd PV's (Marriage or other) where a non judicial family violence claim was accepted from the first PV..

Regards,

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2 hours ago, Stakes said:

I thought from your earlier reply a few hours before this one that because she now has a 2nd partner visa it rules out the possibility that she would have made a non judicial family violence claim? This reply seems to suggest that its still a possibility?, or are you just trying to show the possibilities for anyones case, and not specific to my own?

What I'm having trouble reconciling is the fact that she denied ever receiving the 30 day ultimatum letter after I withdrew sponsorship. I thought this was a standard issue letter upon having a sponsorship withdrawn? Are there any provisions that would have allowed her to avoid receiving and/or answering to such a letter??

I've just realised that even her latest claim to be in a partnership may be false, in which case she almost certainly would have made a non judicial family violence claim as I originally suspected... Time to look at this commonwealth info or RTI request methinks. Do you have any stats on how successful these kinds of requests are ?? Or perhaps more importantly, how to increase their likelihood of success? Furthermore, what are the stats on success rates of 2nd PV's (Marriage or other) where a non judicial family violence claim was accepted from the first PV..

Regards,

I think you are making it unnecessarily complicating and are muddying the waters. It's irrelevant if she is with a new partner now, it's irrelevant if she received the letter or not.

To make it simple.

You originally sponsored her for the onshore 820/801.

Was the 820 granted while you were sponsoring her?

 

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13 hours ago, Stakes said:

. It appears that my ability to sponsor the potential love of my life is dead in the water because my ex may have concocted some fabricated story about what occurred between us.

If you haven't been convicted of a relevant offence on this matter your sponsorship in the future will not be affected in anyway.  You will be able to sponsor again in March 2021.

The rest of your post about your ex partners situation is of no relevance.

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10 hours ago, DannoT said:

Sorry to hijack this guys but hoping to get some similar advice here. I am helping my girlfriend with her PMV application. From my reading I am worried that I will have problems with sponsoring her. In 2006 I was convicted of assault occasioning and sentenced to 18 months periodic detention. I was 21 at time and a stupid idiot. Im now 33, have been a full time tradesman ever since, and not one further blemish. Not even a parking ticket. What are my chances? Thanks Danno.

As you have been convicted of a relevant offence and have a significant criminal record they must refuse the visa, but will assess it on its merits. 

If a sponsor has convictions for a relevant offence and a significant criminal record we must refuse the visa, unless we assess that it is reasonable not to. We will consider all the circumstances of the application when we make this assessment. These could include but are not limited to:

how long it has been since the sponsor completed their sentence
the best interests of any child or the sponsor or primary visa applicant
how long the sponsor and the main visa applicant have been in a relationship

See here for more details. https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/prospective-marriage-300/additional-sponsorship-requirements

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33 minutes ago, Nightcall said:

As you have been convicted of a relevant offence and have a significant criminal record they must refuse the visa, but will assess it on its merits. 

If a sponsor has convictions for a relevant offence and a significant criminal record we must refuse the visa, unless we assess that it is reasonable not to. We will consider all the circumstances of the application when we make this assessment. These could include but are not limited to:

how long it has been since the sponsor completed their sentence
the best interests of any child or the sponsor or primary visa applicant
how long the sponsor and the main visa applicant have been in a relationship

See here for more details. https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/prospective-marriage-300/additional-sponsorship-requirements

thanks, that is where I first read this. We have been in a relationship for almost 2 years and she has visited me in Australia 3 times. I'm hoping that the fact that I have had a clean record ever since will be looked at positively.

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40 minutes ago, Nightcall said:

As you have been convicted of a relevant offence and have a significant criminal record they must refuse the visa, but will assess it on its merits. 

If a sponsor has convictions for a relevant offence and a significant criminal record we must refuse the visa, unless we assess that it is reasonable not to. We will consider all the circumstances of the application when we make this assessment. These could include but are not limited to:

how long it has been since the sponsor completed their sentence
the best interests of any child or the sponsor or primary visa applicant
how long the sponsor and the main visa applicant have been in a relationship

See here for more details. https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/prospective-marriage-300/additional-sponsorship-requirements

Whilst I agree that an assault conviction is a relevant offence, I am not sure whether it amounts to a significant criminal record.

4 minutes ago, DannoT said:

thanks, that is where I first read this. We have been in a relationship for almost 2 years and she has visited me in Australia 3 times. I'm hoping that the fact that I have had a clean record ever since will be looked at positively.

You need to look at the regulations and not just rely on the Department facts sheets. They don't often provide complete and clear information. To have a sponsorship exclusion for a relevant offence it must also be a significant criminal record, which includes being sentenced to a period of custody for 12 months or more for that relevant offence. Regulation 120KD(3) provides if a sponsor has been sentenced to periodic detention, the sponsor's term of imprisonment is taken to be equal to the number of days the sponsor is required under that sentence to spend in detention. 

Correct me if I am wrong, but I am assuming your periodic detention for the 18 months was 2 days per week. IF this is the case, the total time in detention will be approximately 5 months +/-. I have just based this on 18 months being 78 weeks @ 2 days per week = 156days / 30 = 5.2months. I am sure you get the picture.

Question: How much time in actual custody did you have to serve under the 18 month sentence? 


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Your correct AFV about the periodic detention, its only time in actual detention that counts towards the 12 mths. Another thing that counts is time on remand (in custody) 

Going on what you have said, IMO I don't think it will restrict your sponsorship, but be upfront and honest about and make sure your partner knows about it in detail. 

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4 hours ago, Stakes said:

I thought from your earlier reply a few hours before this one that because she now has a 2nd partner visa it rules out the possibility that she would have made a non judicial family violence claim? This reply seems to suggest that its still a possibility?, or are you just trying to show the possibilities for anyones case, and not specific to my own?

What I'm having trouble reconciling is the fact that she denied ever receiving the 30 day ultimatum letter after I withdrew sponsorship. I thought this was a standard issue letter upon having a sponsorship withdrawn? Are there any provisions that would have allowed her to avoid receiving and/or answering to such a letter??

I've just realised that even her latest claim to be in a partnership may be false, in which case she almost certainly would have made a non judicial family violence claim as I originally suspected... Time to look at this commonwealth info or RTI request methinks. Do you have any stats on how successful these kinds of requests are ?? Or perhaps more importantly, how to increase their likelihood of success? Furthermore, what are the stats on success rates of 2nd PV's (Marriage or other) where a non judicial family violence claim was accepted from the first PV..

Regards,

That's not what I was saying at all. I was just highlighting that her statement that she was now being sponsored by another person for a partner visa was entirely at odds with her being granted PR under the FPV. I have no idea whether there is any truth to that statement or not, or indeed what her current visa status is. If you throw a scenario at me, I will simply attempt to give you the best response I can. 

My next post was just explaining that a claim for family violence can be made in relation to an onshore temporary visa application. The point being that she did not need to already have been granted the subclass 820 to claim the family violence provisions.

I agree with Aussie_83 and Nightcall. Don't get yourself consumed in what iff's. Whether she received any correspondence from the Department or not is irrelevant. Just on a side here, from experience when a relationship breaks down and an applicant is claiming family violence, they waste no time letting the Department know. You can perhaps draw your own conclusions from that.

As per my previous post moving forward you need to establish whether you are currently subject to a sponsorship limitation. 

In the first instance I would suggest writing to the Department through your local Federal Minister. Explaining that you were previously in a relationship that ended. You are now in a new relationship however now may be subject to a further sponsorship limitation. It would be entirely unreasonable for your current partner to spend a non-refundable $7000+ to submit a partner visa application to only then to find out that you are subject to a sponsorship limitation. As a sponsorship limitation effects your ability to sponsor another partner, it is not unreasonable for the Department to advise whether you are currently subject to one.


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5 hours ago, Stakes said:

Time to look at this commonwealth info or RTI request methinks

Seeing that you can't be a sponsor until March 2021, I would just wait until the new pre-approved sponsorship requirements come in. That will answer your question about sponsorship limitation (not that you would have one anyway).

Seems less hassle overall. 

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48 minutes ago, Nightcall said:

Seeing that you can't be a sponsor until March 2021, I would just wait until the new pre-approved sponsorship requirements come in. That will answer your question about sponsorship limitation (not that you would have one anyway).

Seems less hassle overall. 

I think this is a good idea. 

Do we have any idea when the new pre-approved sponsorship requirements will commence? 


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5 hours ago, Nightcall said:

Your correct AFV about the periodic detention, its only time in actual detention that counts towards the 12 mths. Another thing that counts is time on remand (in custody) 

Going on what you have said, IMO I don't think it will restrict your sponsorship, but be upfront and honest about and make sure your partner knows about it in detail. 

I did 18 mths periodic detention which was actually mid week 2 days per week (Wen and Thu) due to working weekends. The total days would be around what AFV has said. I would need to add them up to get the exact days. So does this mean I would be in the clear?

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7 minutes ago, DannoT said:

I did 18 mths periodic detention which was actually mid week 2 days per week (Wen and Thu) due to working weekends. The total days would be around what AFV has said. I would need to add them up to get the exact days. So does this mean I would be in the clear?

As AFV & Nightcall have said, if you have only had one conviction for assault (a relevant offence) and your total time sentenced to custody on the periodic detention was less than 365 days, notwithstanding the periodic detention was for 18 months, then you would NOT have a substantial criminal record, and therefore not be subject to a sponsorship limitation. 


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