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Sponsorship waiver needed - Will it be rejected by CO right away ?

1K views 10 replies 3 participants last post by  mfar 
#1 ·
Hi,

My fiance and I are planning to lodge a PMV application for myself. He is an Australian Citizen and I live and work in UK (Indian passport holder).

Unfortunately, he has sponsored two other partners in past and so we have "the limitation of max 2 sponsorships per lifetime" restriction impending on us.

I heard that we can lodge our PMV application with a request for waiver and based on the strength of our documentation, the CO will decide whether to forgo the restriction and we won't have to go through any of the Tribunal process or he may find our application weak and refuse it due to which we will need to go through appeal at Tribunal.

Is this true or will the CO definitely reject our application straight away without even having a look at our documentation (showing evidence of genuine relationship) because of this restriction ?

I would really appreciate some advice here.
 
#2 ·
How long between sponsoring?
How long is the current relationship?
Any children in current relationship?

I have seen that these things can affect the decision.

Some are allowed, indicating that the situation is evaluated, rather than rejected automatically.
 
#5 ·
Cases like this are usually considered on their own merit. Other than that, how can anyone predict what a particular case officer is going to do?
 
#6 ·
Yes I understand nobody can predict what CO will do. My question is more about anyone having a similar experience or know if the process is straight away refusal or if our application will be gone through like all others to find the strength of documentation to support the case.
 
#7 ·
My understanding is that these type of situations are considered on a case by case basis.

The sponsorship limitation may be waived if there are 'compelling circumstances' affecting the sponsor.

For example:

  • the applicant and their sponsor have a dependent child who is dependent on each of them
  • the death of the previous partner
  • the new relationship is longstanding.

Some general aspects that may be particularly important are:

the nature of the hardship/ that would be suffered by the sponsor if the sponsorship were not approved, especially if they felt compelled to leave Australia to maintain their relationship with the applicant.
 
#9 ·
You would address this upfront when lodging the application.
 
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