Limitation on partner visa sponsorships

Are There Any Exceptions?

Yes—the Department of Home Affairs (DoHA) may consider waiving these limitations in certain compelling situations. Common examples include:

• The sponsor and visa applicant share a dependent child
• The death of a previous partner who was sponsored
• A previous relationship ended abruptly, and children are reliant on the sponsor
• The current relationship is longstanding, demonstrating stability and commitment

When deciding whether to grant a waiver, the DoHA considers:

• The degree of hardship the sponsor may face if not allowed to sponsor again
• How rooted the sponsor is in Australia—socially, emotionally, and financially—and the implications if they are forced to leave the country to continue the relationship overseas

It’s worth noting that compelling circumstances must be presented clearly and supported by strong documentation.

Character Checks & Registrable Offences

In addition to sponsorship limitations, your character as a sponsor will also come under scrutiny. The Department may refuse sponsorship if there is a criminal history, particularly in relation to registrable offences.

So, what counts as a registrable offence?

These typically relate to serious crimes, including:

• Abuse or exploitation of children
• Murder or serious harm involving minors
• Possession or distribution of child exploitation material

Each Australian state and territory has its own legal definition of registrable offences, but generally, if an offence would fall under such a category in any state or territory, it is deemed applicable nationally for immigration purposes.

Can This Be Overlooked?

In rare cases, DoHA may overlook a past conviction if all of the following are true:

1. The sponsor completed their sentence more than five years before lodging the application (including parole or other legal conditions).
2. There have been no new charges for a registrable offence since completing the sentence, or any new charge was withdrawn or resulted in no conviction.
3. There are compelling reasons, such as family obligations or humanitarian factors.

Even with these considerations, waivers are not automatic. You’ll likely need a strong legal submission addressing all required factors.

Upcoming Partner Visa Changes: What You Need to Know

From late 2021, major adjustments are being made to the Sponsored Family Visa framework, directly affecting Partner visas.

The key change? Sponsorship must be approved before a visa application can be submitted. This shifts the timeline considerably, especially for onshore applicants nearing the end of their current visa. If your sponsorship is not approved in time, it could mean missing the window to lodge your partner visa.

Planning to Apply for a Partner Visa?

Before beginning your application, understanding the sponsorship rules, character requirements, and upcoming changes is vital. Mistakes or assumptions can cause delays—or worse, refusals.

At LIVV Immigration, we’re here to guide you through the process. From waiver submissions to timing your sponsorship correctly, we provide tailored advice to help you make informed decisions.

👉 Book a consultation with our registered migration professionals today and take the stress out of your partner visa journey.