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Discussion Starter · #1 ·
Okay so my story is a little bit complicated but I'm just searching for some advice directly relating to my exact situation..

Basically in 2013 when I was 19 I met an American boy online and we fell in love. I met him for the first time in July 2013 and we wanted to live together forever and figured the best way to ensure that was to get married, so he proposed after one week of meeting. By the end of 2013 he was approved for a Prospective Marriage VISA and moved to and lived with me in Australia under that.

In September of 2014 we got married and applied for a partner VISA. He got temporary residency status under that VISA. However, by the time the 2 year wait for him to apply for permanent residency on the partner VISA came around in late 2016 our marriage had already broken down for various reasons (he didn't want to work, didn't want children, we were no longer sleeping in the same room, etc (I sure learned a valuable lesson about agreeing to marry someone you've barely met)) so we didn't actually send in the application for permanent residency. In February 2017 we finally talked about our issues and in March 2017 he went back home to America. He told me via Skype that Australian immigration contacted him to continue the application and he formally withdrew it. We are currently going through divorce proceedings.

At the end of 2017 I met another American guy who is a much better match for me. He came here on a Holiday VISA from January - April 2018 and we lived together for 3 months. We want to continue to be together here in Australia due to my family ties and career being more stable than his back home in America.

Next week he is coming back on a Work and Holiday VISA where we were hoping to wait out the 12 months that we have to be living together in a De facto relationship before we can apply for a partner VISA (this time I did the proper research this time and learned I don't have to immediately jump into a marriage to bring him here lol...). I was just looking into the wait times when I saw that there has to be 5 years between the first guy I sponsored to live here and the second.

So I need some advice: does the 5 years start from -
(a) When my ex husband got approved for the prospective marriage visa (so the end of 2018)
(b) When my ex husband got approved for the temporary resident partner VISA (so around October 2019)
Or (c) When my ex husband formally withdrew his partner VISA application? (2023)

Thanks in advance for any help, advice or even well wishes you can give me.
 

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So I need some advice: does the 5 years start from -
(a) When my ex husband got approved for the prospective marriage visa (so the end of 2018)
(b) When my ex husband got approved for the temporary resident partner VISA (so around October 2019)
Or (c) When my ex husband formally withdrew his partner VISA application? (2023)

.
The relevant date is 5 years from the date the sc. 820 (provisional) partner visa was lodged.
 

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Discussion Starter · #5 ·
Ok so, just making sure, it's "kinda" b but it's When the Partner VISA was lodged?? So shortly after we got married in 2014? Even though it ended up getting withdrawn before we proceeded to the next stage?
 

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Ok so, just making sure, it's "kinda" b but it's When the Partner VISA was lodged?? So shortly after we got married in 2014? Even though it ended up getting withdrawn before we proceeded to the next stage?
The sc. 820 was lodged and granted, so it is that lodgement date that counts, regardless of what happened after.
 

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Discussion Starter · #7 ·
Okay! Thank you so much for responding. I have one more question if you're able to help: I read that some people still sponsor a second partner before the 5 years is up if it is very close to the end of the 5 years. If the 5 years ends in September 2019, would I still be able to lodge my current partners VISA application in May/June 2019 seeing as it's only a couple of months away or would that only get denied?
 

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Okay! Thank you so much for responding. I have one more question if you're able to help: I read that some people still sponsor a second partner before the 5 years is up if it is very close to the end of the 5 years. If the 5 years ends in September 2019, would I still be able to lodge my current partners VISA application in May/June 2019 seeing as it's only a couple of months away or would that only get denied?
Technically the Department could decide to process the application straight away, in which case the application would have to be refused. It is unlikely, but the risk is always there.I certainly would not do it, but as a migration agent I am very risk averse.
 
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