Are you considering applying for a partner visa/sponsoring someone for a partner visa? If YES, you should consider that you canât do this without the sponsorship being approved. Especially if it's an 820 partner visa or 309 visa.
There are limitations that apply to you and your partner, which may stop you from getting the Partner visa approved.
What are the limitations for partner visa applicants?
1. Personal Requirements
The applicant needs to be in either a married or de facto relationship with an Australian permanent resident, citizen or eligible New Zealand citizen.
Generally, for de facto relationships, you and your partner have to do one of the following:
live together for at least 12 months
register your relationship with eligible states
have a child together
2. Other Limitations
The applicant isnât required to hold health insurance. Applicants are eligible for Medicare as soon as they apply for the Partner visa, so you don't even need to wait until the Partner visa is granted
The requirement for applicants and some sponsors to have functional English proficiency have already been passed into law, but this hasnât yet been implemented by the Department. Refer to the information below for more information on how to demonstrate functional English with eligible language tests:
âTest | Scoreâ |
An average band score of at least 4.5 based on the 4 test components | |
A total band score of at least 32 based on the 4 test components of speaking, reading, writing and listening | |
A total band score of at least 30 based on the 4 test components | |
A total band score of at least 147 based onâ the 4 test components |
The applicant doesnât have any study or work restrictions
If the applicant is in Australia and still holds any other type of visa (e.g. student visa, visitor visa, work visas, etc.), you have to follow the conditions of that visa until it has expired, at which point the Bridging visa will take effect
If the applicant is holding an active Bridging visa A, they should note that they canât travel outside Australia and return. They will need to upgrade to Bridging visa B if they need to travel. Once they get the partner visa itself, there are no travel restrictions
What are the limitations for the partner visa sponsors?
1. Maximum Sponsorships
Have a maximum of 2 sponsorships granted in their lifetime
2. Time In-Between Sponsorships
5 years must have passed before start a new sponsorship
3. Character Record
The sponsor can't be sentenced for more than 12 months for certain types of offences
For offences related to:
Child sex offences
Violent offences, (e.g. murder, assault, sexual assault, threat of violence, etc.)
Harassment, molestation, intimidation or stalking
Breach of an apprehended violence order (or a similar)
Firearms or other dangerous weapons
People smuggling
Human trafficking, slavery (including forced marriage), kidnapping or unlawful confinement
The limitations listed above may not apply under certain circumstances, such as some compelling circumstances. So if you are in a very special situation, please feel free to contact us or book a free consultation with us to discuss your situation in more detail.
Here at Skylark Migration, we are experts at partner visas & subclass 100 partner visa's. Our former-Immigration case officers have personally approved and rejected Partner visa applications, so they know this visa type inside out.
Need proof? We've had 100% success rate on every Partner visa we've ever lodged since 2015! We look forward to helping you with your migration journey!
For a total peace-of-mind, have a chat with one of our experts today đ
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