Sponsorship Limitations on the Partner visa


Young couple in love

This Friday morning I received a message via the website from a woman based here in Ireland wanting to know what visa options there might be for her partner.  She recently had a baby in Ireland and has held Australian permanent residency since 2010.  She wants to return to Australia but can’t sponsor her partner right now because her own permanent residency was acquired by way of a Partner visa so 5 years has to pass before she will be able to be sponsor.  Unfortunately, the email address she stated in her message didn’t work so my email advice just bounced a few minutes ago so I thought why not put the information into an online article for anyone else who might be in a similar situation in and I would try her contact number later to see if I could reach her to give her the advice verbally.

She didn’t provide any details of her partner other than they had considered a working holiday visa for him as he meets the age limit but were not sure if he would get one because they have a child.

Normally I would recommend she wait until the 5 year anniversary of when she lodged her own Partner visa application passes and then proceed with sponsoring a Partner visa application for her current partner as it would be the path of least resistance and cost, however in this case, hypothetically she could sponsor her child for a Child visa, making them both Australian permanent residents.  Then her partner could apply for a working holiday visa to accompany them both over to Australia without restriction as the child was not being left overseas.  They would then be living in Australia together which is the main aim and then down the track lodge a Partner visa application for him when the 5 year anniversary passes.

Happy Friday everyone!