Can a permanent partner visa holder sponsor a new partner for a partner visa? – possibly.


Whether or not a person who has obtained a partner visa and is now a permanent resident or citizen of Australia can potentially sponsor a new partner for a partner visa depends upon the date that their application to sponsor their new partner is decided.

How this works:

This is the scenario:

  • a person has obtained a permanent partner visa (and possibly Australian citizenship) as the spouse or de facto partner of an Australian permanent resident or citizen
  • the relationship with the person who sponsored them for their partner visa (their former spouse or de facto partner) has finished
  • the partner visa holder has entered into a new marriage or de facto relationship and now wishes to sponsor their new partner for a partner visa.

In this scenario, the partner visa holder or citizen is potentially able to be approved as a sponsor for their new partner – but not until five years after the date that they originally applied for their partner visa.

 

So for example, if they origianlly applied for their partner visa on January 1st 2018, they would not be able to be approved as the sponsor of a new partner until after January 1st, 2023.

 

Does this apply to children and dependents of permanent partner visa holders?

This is the scenario:

  • a person has obtained a permanent partner visa (and possibly Australian citizenship) as the child or dependent of a spouse or de facto partner of an Australian permanent resident or citizen
  • the child or dependent has entered into a marriage or de facto relationship and now wishes to sponsor their partner for a partner visa.

In this scenario, the child or dependent is potentially able to be approved as a sponsor for their partner – the five-year ban on sponsoring a partner does not apply to them.

 

Feel free to contact me if you would like to book a consultation for more information about anything mentioned here.

Regards.

Ross McDougall.

Solicitor / Immigration Lawyer

www.rpmlawyers.com.au

Tel: 08 8528 9187

This information is correct at February 21st, 2022.  But, keep in mind that immigration law changes from time to time.

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