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Discussion Starter · #1 · (Edited)
Hi,

We need advise from people with similar history. Or from people who have opinion about our case.

My fiance is on 801 visa. His previous application for the 801 was Sept. 26, 2006.
Unfortunately, my fiance and his wife were divorced. But still gained his PR year 2008 because they had a son.

We are in a long distance relationship and my partner wants to sponsor me as fiance. We understand the limitation for a partner sponsorship that there must be atleast 5 years before you can sponsor another partner if you were sponsored as a partner yourself.

My question is: When should we start counting the 5 years limitation?
Is that from the date of application or from the grant of his 801 visa ???

An email replied from permanent.resident.gov.au during his inquiry stated that:

" The limitation on sponsorships for partner visas states that there must be
at least 5 years between the application for the first sponsorship and the
grant of the visa for the second sponsorship. I note from our records that
your previous application was made 26 September 2006. "

QUESTIONS:

CAN ANYBODY INTERPRET THIS FOR US?

IS THE 5 YEAR BAR BE LIFTED AFTER SEPTEMBER 26, 2011?

WHEN DO WE START COUNTING FOR THE 5 YEAR? IS IT FROM THE PREVIOUS APPLICATION OR THE GRANT OF HIS 801 VISA ?


ANY ADVISE WILL BE APRECIATED. THANK YOU!
 

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I would have thought it would be five years from application date of when he was sponsored to when you could lodge an application for he to sponsor you but with the response to the enquiry you made
" The limitation on sponsorships for partner visas states that there must be
at least 5 years between the application for the first sponsorship and the
grant of the visa for the second sponsorship
. I note from our records that
your previous application was made 26 September 2006. "
It seems that they are more generous and that clearly means you cannot expect to get a visa granted any earlier than 26 September 2011.

That is also consistent with their approach to granting PR two years after a TR application and not when it is granted or someone entered Australia.

So that means you could apply for the PMV virtually anytine soon as they can take six months or more to be processed and even if it was a quicker one, they would probably hold it up for you until the 26 September if you were to be granted a visa.
That kind of fits in with my comment on your 48R/ 48S question.
 

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Discussion Starter · #3 ·
I would have thought it would be five years from application date of when he was sponsored to when you could lodge an application for he to sponsor you but with the response to the enquiry you made

It seems that they are more generous and that clearly means you cannot expect to get a visa granted any earlier than 26 September 2011.

That is also consistent with their approach to granting PR two years after a TR application and not when it is granted or someone entered Australia.

So that means you could apply for the PMV virtually anytine soon as they can take six months or more to be processed and even if it was a quicker one, they would probably hold it up for you until the 26 September if you were to be granted a visa.
That kind of fits in with my comment on your 48R/ 48S question.
Hi wanderer, I dont know but i really thank you for your advices and your opinion. As you can see, I am seeking clarifications and ideas regarding my confusion and etc...

Thank you, your opinion had really eased my worries...

hugs :))
 
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