As experienced immigration lawyers we get asked a lot of migration questions when it comes to sponsorship of partners.  A recent question we received which is not uncommon was,  “I have sponsored a partner to come to Australia who has left me. I have now found a new partner who I  want to sponsor to Australia, can I sponsor them?”

The Regulations of the Migration Act stipulate that a person may only sponsor a partner on two occasions and that the second may not occur within 5 years of the first.  The Regulations also give the Minister discretion  under “compelling circumstances” affecting the sponsor to approve such a sponsorship.  When considering “compelling circumstances” the Department considers each case on its merits and takes into consideration any dependant child dependant upon the sponsor and the applicant; whether the former spouse has died; the length of the relationship,; the dependency of the applicant on the sponsor; the Human Rights of the applicant any detriment or hardship that would be impose on the sponsor if the visa was not to be granted. This list is not exhaustive but indicative of the criteria considered.

If you require more information on immigration or sponsorship issues speak directly with our Sydney CBD based migration lawyers.  Our team have the experience and knowledge to assist in a wide range of immigration issues.  Call us on +61 (0) 2 8215 1588

Published On: June 28th, 2016 / Categories: Immigration Law /

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