General information only. This article is not legal advice and may not apply to your circumstances.
Key takeaways
- The rules look at grants based on earlier partner sponsorships, not simply whether an old form was once lodged.
- The five-year calculation generally refers to the date the earlier visa application was made, rather than its decision or grant date.
- Compelling circumstances can be relevant, but approval is discretionary and depends on evidence about the sponsor.
A genuine relationship does not remove the need for an eligible and approved sponsor. An earlier partner visa or sponsorship can affect a new application, so the sponsor's complete history should be checked before the couple commits to timing, fees and evidence.
Why sponsorship history matters
Partner visa applicants must have a sponsor, and the Department of Home Affairs must approve that sponsor. Regulation 1.20J of the Migration Regulations 1994 limits approval in specified partner and prospective marriage visa cases where the sponsor has certain earlier partner visa grants or sponsorship outcomes.
The practical issue is often missed because couples focus on evidence of the current relationship. Sponsorship history is a separate threshold question. It may require old grant notices, application dates and details of a former partner visa matter.
The limits in plain language
The regulation is more precise than the common shorthand of a “five-year rule”. The following checks should be made against the actual immigration history.
| History to check | What the regulation asks | Practical record |
|---|---|---|
| People previously sponsored | Whether more than one other person has been granted a relevant permission on the basis of the sponsor's partner sponsorship or nomination. | Previous applicant, visa class, application date and outcome. |
| Most recent successful sponsorship | If another person was granted a relevant permission, whether at least five years has passed since the application for that permission was made. | The earlier application date—not only the grant date. |
| Sponsor's own partner visa | If the sponsor was granted a relevant permission as another person's spouse, de facto partner or prospective spouse, whether at least five years has passed since that earlier application was made. | The sponsor's own application and grant records. |
Important date point: the statutory wording refers to the date of making the earlier application for the relevant permission. Using only the decision date can produce the wrong calculation.
Build a sponsorship history timeline before lodgement
Prepare one chronology for both the proposed sponsor and every earlier partner sponsorship connected with that person. Record:
- the name of each earlier applicant or sponsor;
- the visa class or subclass, if known;
- the date the earlier visa application was made;
- whether the application was withdrawn, refused or granted;
- the decision or grant date and any later relationship change; and
- the documents available to confirm each event.
Where records are incomplete, identify the gap rather than estimating a date without explanation. ImmiAccount records, grant letters and previous application copies can help reconstruct the chronology.
Different outcomes are not the same
A lodged application, an approved sponsorship and a visa grant are different events. Regulation 1.20J is framed around a person having been granted a relevant permission on the basis of the sponsorship or nomination. A withdrawn or refused matter therefore should not automatically be treated as if a visa was granted—but the exact history still needs to be checked and disclosed accurately where requested.
Other sponsorship rules can also be relevant, including rules concerning children included in an application and aspects of a sponsor's criminal history. This article is limited to previous partner sponsorships and the five-year calculation.
Compelling circumstances are not an automatic waiver
The Regulations allow the Minister to approve a sponsorship despite the usual limitation if satisfied that there are compelling circumstances affecting the sponsor. The provision does not create an automatic exemption or a guaranteed result.
A submission should connect the claimed circumstances to the sponsor, explain why they are compelling in the particular case and support the account with relevant evidence. General hardship, delay or the existence of a genuine relationship should not be assumed to be enough by themselves.
Questions to answer before applying
How many people received a partner visa based on this sponsor?
Was the sponsor previously granted a visa as someone else's partner?
What were the earlier application dates and outcomes?
Is any exception relied on, and what evidence supports it?
Frequently asked questions
Is there a lifetime limit on partner sponsorships?
The regulation generally requires that not more than one other person has been granted a relevant permission based on the sponsor's earlier partner sponsorship or nomination. The counting rules and any exception should be checked against the complete history.
Does a refused or withdrawn application count?
Not in the same way as a grant for the specific test described in regulation 1.20J. However, the outcome and the records must be confirmed rather than assumed, and earlier applications may remain relevant to disclosure and other issues.
When does the five-year period start?
For the limits discussed here, the wording generally measures five years from the date the earlier application for the relevant permission was made, not from the later decision or visa grant date.
Can a sponsorship be approved despite the limit?
Possibly. The Minister may approve the sponsorship if satisfied that compelling circumstances affect the sponsor. The assessment is discretionary and evidence-specific.
Should we lodge first and work out the history later?
That can create avoidable cost and risk. It is usually better to obtain the earlier records, calculate the dates and identify any exception before deciding how and when to lodge.
Official sources
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