Applying for an Australian Spouse Visa can be a complex and time-consuming process. Below you will find the key restrictions that you must be aware of when applying for an Australian spouse visa: the limit on the number of sponsorships and the five-year waiting period.

The Australian Spouse Visa process sets out sponsorship restrictions, consisting of two main rules. Firstly, a sponsor can only sponsor a maximum of two times in their lifetime. Secondly, if a sponsor enters into a relationship with a different spouse, he or she must wait at least five years before the next sponsorship.

Limitations on the number of guarantees:
After an unmarried couple visa/spouse visa has been granted, even if the unmarried couple/spouse does not travel to Australia or the visa is cancelled before/after entry into Australia, it counts as one sponsorship and counts towards the limit. In addition, domestic violence-related sponsorship leading to the grant of a spouse visa is also counted.

Five-year waiting period:
In addition to the limit on the number of sponsorships, applications for an Australian Spouse Visa must also comply with a five-year waiting period. This limit counts if you have previously applied for a spouse visa, or if the sponsor has previously sponsored another person for an unmarried couple visa/spouse visa. The five year waiting period starts from the date of the first visa application and ends on the date of the second fiancé/spouse visa application.

Exemption from the limitations on the number of guarantees and the five-year waiting period may be applied for in the following cases:
If the applicant already has children with the sponsor, or if the applicant's previous partner dies, the immigration department may allow the sponsor to sponsor more than two times or waive the five-year waiting period. In other exceptional circumstances, the immigration department may also grant an amnesty from the above restrictions if the refusal would have a significant impact on Australian residents. If you are in a complex situation, it is important to seek the help of a specialist migration lawyer.

At Chua Hing Wai Solicitors, we have two accredited immigration law specialists - there are only about ninety accredited immigration law specialists in Australia - and we are confident that we can guarantee the best possible outcome for you, no matter how complex your case may be. You can call 03 9602 3988 to make an appointment to speak to one of our immigration lawyers.