Partner Visa Sponsor Limitation: The 5-Year Rule and the Waiver

The Minister can still approve the sponsorship if there are compelling circumstances affecting the sponsor, such as a dependent child of both partners, the death of a previous partner, or a long-standing relationship (reg 1.20J(2)).

Check it before lodging: the limitation is tested when the sponsorship is assessed with the 820, 309 or 300 application, and if the sponsorship is refused the visa cannot be granted while the $11,710 charge is not refunded.

That is the usual base charge from 1 July 2026 under Schedule 1 of the Migration Regulations 1994; concessions and some lower rates apply. Home Affairs’ Get a refund page confirms that refusal does not entitle you to a refund.

Earlier sponsorship? An Australian migration lawyer can check whether regulation 1.20J applies and what evidence a waiver case needs. The shared enquiry form sends private questions to Australian Migration Lawyers.

“Can I sponsor again?” checker card

This is a static guide to the questions and possible result, not an interactive assessment.

How many people have been granted a partner, spouse, de facto or prospective marriage visa on your sponsorship (or left you because of family violence by you)?
Options: 0 / 1 / 2 or more. Count people granted a visa, including grants after a relationship ended because of your family violence—not everyone who left.
If you selected 1: Has it been at least 5 years since that person applied for their visa?
Options: Yes / No.
Were you yourself granted a visa as someone’s sponsored partner? If so, has it been at least 5 years since you applied?
Options: No / Yes, 5 years or more / Yes, less than 5 years.

Under reg 1.20J of the Migration Regulations 1994, the result is:

“Reg 1.20J does not stop approval” if you have 0 earlier people counted, or 1 with 5 years passed, and question 3 is “No” or “Yes, 5 years or more”.
“The limitation applies: approval needs compelling circumstances affecting you (reg 1.20J(2))” if you have 2 or more counted, or either five-year period has not passed.

Separate-limit flags

“You hold or held a Woman at Risk (204) visa.”
“You hold a contributory parent (143 or 864) visa.”

If either flag applies: “A separate 5-year limit may apply; see Other limits on sponsors.” These limits arise under the Migration Regulations 1994, separately from reg 1.20J.

This checks reg 1.20J only. The Department decides, and other sponsor rules also apply.

Regulation 1.20J of the Migration Regulations 1994 limits sponsorship for Partner (Temporary) 820, Partner (Provisional) 309, Prospective Marriage 300 and Extended Eligibility class TK visas where the applicant is the sponsor’s spouse, de facto partner or prospective spouse.

Unless the compelling-circumstances waiver applies, the Minister must not approve sponsorship unless all three conditions are met:

No more than 1 other person has been granted a relevant permission as your partner on your sponsorship, including the specified family-violence circumstances.
If 1 earlier person is counted, at least 5 years have passed since their application.
If you were granted a visa as someone’s sponsored partner, at least 5 years have passed since your own application.

Partner sponsors are not pre-approved: Home Affairs’ Subclass 820 sponsor guidance and the Migration Regulations 1994 provide for assessment alongside the visa application, with approval in force at decision.

What is the 5-year rule for partner visa sponsorship?

Yes, a five-year gap applies—but only in specified situations. Regulation 1.20J(1)(b)–(c) of the Migration Regulations 1994 creates two separate checks:

Earlier sponsored partner: if 1 earlier person was granted a relevant permission, count from the date that person applied, not their grant date.
Your own partner visa: if you were granted a visa as a sponsored partner, count from the date you applied.

It is not a general five-year ban on spousal sponsorship. Regulation 1.20J(2) allows approval for compelling circumstances affecting the sponsor, while separate 204 and 143/864 limits use grant dates.

The guidance available here does not settle whether the five-year anniversary must occur before the new application or can occur before sponsorship approval. Do not assume processing time will cure a shortfall; have the dates checked before lodging.

Normally, 2 people in total—not 2 sponsorship applications. Regulation 1.20J(1)(a) of the Migration Regulations 1994 bars approval once 2 other people have already been granted a relevant permission as your partner; further approval needs the reg 1.20J(2) waiver.

With 1 earlier person counted, the five-year gap applies. The count includes a person granted permission after ending the relationship because of family violence committed by you, under reg 1.20J(1)(a)(ii).

A sponsorship that never led to a grant is not counted under reg 1.20J(1)(a). The regulation’s term “relevant permission” covers a visa, entry permit or permission to remain indefinitely, with its application-date scope extending to applications from 1 July 1997.

Sponsors who came to Australia on a partner visa

Your own application date matters even if you have never sponsored anyone. Regulation 1.20J(1)(c) of the Migration Regulations 1994 applies where you were granted a visa as someone’s sponsored spouse, de facto partner or prospective spouse.

For example, an own-820 application made in 2023 reaches its five-year anniversary on the corresponding date in 2028. Sponsorship cannot be approved before that anniversary unless reg 1.20J(2) applies.

The compelling-circumstances waiver

The Minister may, rather than must, approve sponsorship if satisfied there are “compelling circumstances affecting the sponsor”, under reg 1.20J(2) of the Migration Regulations 1994.

Home Affairs’ Subclass 820 sponsor page gives four examples:

A dependent child of both partners.
The death of a previous partner.
A previous partner leaving with children dependent on the sponsor.
A “longstanding” relationship.

These are illustrations, not automatic entitlements or a closed list: the circumstances must affect the sponsor and satisfy reg 1.20J(2). A previous partner visa break up does not, by itself, establish the test; Home Affairs specifically lists death and departure with dependent children.

A lawyer can check the relationship history, identify the circumstances relied on and review whether supporting records are consistent with that account.

Other limits on sponsors

Passing reg 1.20J does not resolve every sponsor restriction:

Woman at Risk (204): clauses 820.211(2B), 309.212 and 300.212 of the Migration Regulations 1994 restrict sponsorship within 5 years of the sponsor’s grant for a former partner who was divorced or separated at that grant, or an undeclared partner.
Contributory parent (143/864): reg 1.20KA restricts sponsorship of a partner with whom the sponsor was in a relationship before their own grant, within 5 years of that grant, unless compelling non-financial reasons explain the partner not applying with them or withdrawing.
Offences and child protection: regs 1.20KC–1.20KD require sponsorship refusal for relevant-offence convictions plus a significant criminal record unless approval is considered reasonable; reg 1.20KB also provides a child-protection bar where an applicant is under 18, subject to narrow exceptions.

The separate partner visa sponsor character requirements explain those criminal-record rules.

Counting applications instead of grants. Regulation 1.20J(1)(a) counts people granted a relevant permission, not unsuccessful sponsorship attempts.
Starting the clock at grant or separation. Regulation 1.20J(1)(b) uses the earlier partner’s application date.
Forgetting your own partner visa. Regulation 1.20J(1)(c) creates a separate five-year check.
Omitting a family-violence-ended relationship. The specified grants still count under reg 1.20J(1)(a)(ii).
Lodging and hoping. Sponsorship approval is required under the Migration Regulations 1994; Home Affairs’ Get a refund page confirms no refund on refusal. Check any waiver evidence before committing to the usual $11,710 base charge.
Treating an example as automatic approval. Regulation 1.20J(2) still requires compelling circumstances affecting the sponsor.

Frequently asked questions

Is there a 5-year ban on spousal sponsorship in Australia?

Not generally. Regulation 1.20J applies the gaps in the circumstances explained above and permits approval despite them for compelling circumstances affecting the sponsor.

Can I sponsor two people at the same time?

No, not as two current spouses or de facto partners: sections 5F and 5CB of the Migration Act 1958 require mutual commitment to a shared life to the exclusion of all others. Home Affairs’ Subclass 820 guidance allows dependent children to be added to that partner’s application.

Does a withdrawn or refused sponsorship count?

Not if it never led to a grant under reg 1.20J(1)(a). If an 820 or 309 was granted before sponsorship withdrawal, that grant counts.

Does the limit apply to a Prospective Marriage visa?

Yes. Regulation 1.20J covers subclass 300 sponsorships and counts a prospective spouse granted a visa on your sponsorship.

A lawyer’s waiver request for a second sponsorship

A lawyer can reconcile earlier application and grant records, calculate both five-year periods, check separate sponsor limits and review evidence against reg 1.20J(2). That is a concrete preparation process, not a prediction of approval.

There is no fixed sponsor-limitation fee stated here. Ask for a written quote covering the eligibility check, evidence review and any waiver work. Home Affairs’ Subclass 820 sponsor tab states sponsorship itself has “No cost”; legal fees are separate.

A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST, separate from the Home Affairs visa application charge.

Arrange partner visa consultation and legal advice, or return to the Partner Visa Lawyer guide, a guide to legal help with Australian partner visas.

Before sponsorship, ask an Australian migration lawyer to count earlier sponsorships and five-year periods under regulation 1.20J and prepare any compelling-circumstances waiver evidence with the application.

Partner Visa Sponsor Limitation: The Five-Year Rule and the Compelling-Circumstances Waiver

What is the partner visa sponsor limitation?