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Hi everyone,

I am Aus citizen and my wife is Indonesian citizen, we are applying for 309 Partner Visa (offshore).

We have been married for 11 months (since Nov. 2019). We also have 1 dependant child (born only to my wife from previous relationship) and we have a 5 month old baby we had together born in May 2020.

I previously sponsored a 309 partner visa for my previous relationship which was submitted in May 2015, then the visa was granted and subsequently withdrawn within a few weeks in March 2016 when my relationship broke down.

We are now just about to submit the new application and pay $9,650 for the visa + one child but when we submit this application is around 4 years and 7 months since the previous one was withdrawn.

My questions are -

1. Is the 5 year period from previous application GRANT date (or withdrawal) up to the GRANT date of the new application? (In our case the new grant date may not be for another 18 months based on current processing times which puts it around 6-7 years between). OR is it up to the date we initially submit? (Submitting now is 4 years 7 months).

2. If it is the latter (4 years 7 months) then do our circumstances generally ensure we are exempt and I am allowed to sponsor my wife still? I.e. longstanding marriage and dependant child born to both of us as parents.

I have searched the forums and found a few posts/replies regarding this topic though nothing quite specific to my circumstances, and most of those are 3,4,5+ years old and may not be relevant anymore.

Appreciate any advice of couples who went through something similar or had corrospondance from DIBP about this. I have contacted them although have yet to receive a reply.

Thanks!
 

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The 5 years starts at the date of application.

May I suggest that you consult one of the registered migration agents who posts on ths forum for an assessment of your case?
 
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