Limitation on approval of sponsorships- Spouse, partner, prospective marriage and interdependency visas

MIGRATION REGULATIONS 1994 – REG 1.20J

Limitation on approval of sponsorships–spouse, partner, prospective marriage and interdependency visas

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

                     (b)  a Partner (Provisional) (Class UF) visa; or

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

                     (e)  an Extended Eligibility (Temporary) (Class TK) visa; or

                      (f)  a Partner (Temporary) (Class UK) visa.

             (1)  Subject to subregulations (2) and (3), if a person applies for a visa mentioned in subregulation (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 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.

          (1A)  In subregulation (1):

“relevant permission ” means:

                     (a)  in relation to an application for a visa referred to in subregulation (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 subregulation (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 subregulation (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.