Sponsorship Limitations For Partner Visa Applications

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Sponsorship Limitations For Partner Visa Applications


 

Depending on the Australian sponsors circumstances, the sponsor of a Filipino partner visa applicant may be subject to a sponsorship bar or limitation as prescribed in, as an example, regulation 1.20J.

If you misunderstand these crucial regulations in your particular Filipino visa application from the Philippines or especially in Australia the consequences could be just as shattering as this Brisbane man's wife given 28 days to leave the country especially when you have already started your lives together in Australia if you lodged your partner visa application ‘on-shore’.

Brisbane man's wife given 28 days to leave the country

Reg. 1.20J

Regulation 1.20J limits how many approved partner visa sponsorships such asTO 300, UF 309, UK820sponsors may have, preventing abuse (through repeat applications) of the partner visa provisionwithin a prescribed period of time.

Division 1.4B - Limitation on certain sponsorships under Division 1.4

Reg. 1.20J limits approvals of sponsorships—spouse, partner, prospective marriage and de facto visa applications as follows.

(1AA)  This regulation applies in relation to an application for:

(a)   a Partner (Provisional) (Class UF) (Spouse or De Facto) visa; or

(b)  a Prospective Marriage (Temporary) (Class TO) visa; or

(c)  a Partner (Temporary) (Class UK)(Spouse or De Facto) visa.

(1)  Subject to sub regulations (2) and (3), if a person applies for a visa mentioned in sub regulation (1AA) as the spouse, de facto partner or prospective spouse of the sponsor, the Minister must not approve the sponsorship of the applicant unless the Minister is satisfied that:

(a)  not more than 1 other person has been granted a relevant permission (Actually you are limited to 2 sponsorships in your lifetime unless there are compelling and compassionate reasons to waiver this limitation, usually children involved in the relationship)as:

(i)  the spouse, de facto partner or prospective spouse of the sponsor on the basis of a sponsorship or nomination; or

(ii)  a person who ceased a relationship of a kind mentioned in subparagraph (i) with the sponsor after the person, or another person mentioned in the prescribed criteria for the visa, had suffered family violence committed by the sponsor; and

(b)  if another person has been granted a relevant permission in the circumstances referred to in paragraph (a) — not less than 5 years has passed since the date of making the application for that relevant permission; and

(c)  if the sponsor was granted a relevant permission as the spouse, de facto partner or prospective spouse of another person on the basis of a sponsorship or nomination — not less than 5 years has passed since the date of making the application for that relevant permission.

Note: The article above is a perfect example of how perilous these partner visa applications can be and how Reg. 1.20J ‘inflicts an instant and on many occasion terminal sting’ to your potential visa refusal if you do not understand and calculated the lodgement of your partner visa application, especially when a previous partner visa application lodged in the past.

In (1A),sub regulation (1):relevant permission means:

(a)  in relation to an application for a visa referred to in sub regulation (1AA) made during the period from 1 November 1996 to 30 June 1997 (inclusive) — a visa; and

(b)  in relation to an application for a visa referred to in sub regulation (1AA) made on or after 1 July 1997 — permission (other than a visa or entry permit) granted under the Act to remain indefinitely in Australia, a visa or an entry permit.

(2)  Despite sub regulation (1), the Minister may approve the sponsorship of an applicant for a visa if the Minister is satisfied that there are compelling circumstances affecting the sponsor. This may be due to a medical condition of the sponsoring Australian or when children are involved in a relationship.

Although this particular posting is not easy reading it does demonstrate the many hurdles that Australian sponsors face when attempting to lodge their own permanent partner visa for Australia from the Philippines and the dire results if you get it horribly wrong.

This is why I have insisted in speaking at great length and in great detail with Australian sponsors to ensure that Reg.1.20J possibilities are identified early and if it does exist in your particular partner visa application and what are all the legal remedies and solutions available to sort these issues out and meet client expectations.

For further information about Regulation 1.20J and their consequences logon to our partner visa page and entre your information so that we can properly and accurately assess you particular partner visa application for Australia from the Philippines.

Thank you and Mabuhay!

June 23, 2017