Urgent Question!! sponsorship of 820

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Urgent Question!! sponsorship of 820


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Old 06-14-2019, 02:34 AM
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Urgent Question!! sponsorship of 820

Hi,

Long story short, my husband and I applied for a partner visa 820 last year and he was on a bridging visa for a few months. We later withdrew the visa, lost the application fee and went back to his home country (Austria).

We are now onshore and applying for 820 again. I know a sponsor is not allowed to sponsor another partner within 5 years but this is the same partner. During our application we have seen a warning come up noting that we should check the sponsorship limitations.

We were previously defacto, now married (married in Austria) and there were no problems in our relationship - ie we did not split up and our relationship is not the reason we left and withdrew the visa last time.

Can anyone tell me a simple answer of whether the limitation to sponsorship applies when it is the SAME person? The wording suggests that it does not but we don't want to be screwed around and lose our application fee.

Thanks


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Old 06-14-2019, 02:51 AM
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Quote:
Originally Posted by hanala View Post
Can anyone tell me a simple answer of whether the limitation to sponsorship applies when it is the SAME person? The wording suggests that it does not but we don't want to be screwed around and lose our application fee.

Thanks
A post on a different website from a RMA and immigration lawyer mentions "probably not" and "should not."

But still it's vague at best - not a straightforward "yes" or "no."

Quote:
An interesting aspect of this scenario is that the sponsor would probably not be barred from sponsoring their former spouse or de facto partner for five years from the date of the original sponsorship. Sponsoring the same person again should not ‘count’ as a new sponsorship, for calcultaing the five year bar.

Because of the way the relevant Migration regulation is written, the five year sponsorship bar should only come into effect if a sponsor was to sponsor ‘another’ person within five years.


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Old 06-14-2019, 03:02 AM
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You wouldn't be subject to the sponsorship limitation anyway as the initial one was never granted.


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Old 06-14-2019, 09:59 AM
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I dont see any issue in you applying again as when you withdrew your previous application the 5 year limit does not apply to you as a sponsor. I have never heard of a case but you would probably have to upload a statement explaining why you are applying again.


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Old 06-14-2019, 10:09 AM
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Hi Everyone,


Thanks for your responses. I guess it is a very unusual situation! I actually called immigration and got through. They were very helpful and said that in any case as there was no action taken on the application and it was withdrawn, it does not pose a limitation. It's the same person anyway so I would have hoped that common sense would prevail.

Thanks again.


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Old 06-14-2019, 05:24 PM
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Originally Posted by hanala View Post
Hi Everyone,


Thanks for your responses. I guess it is a very unusual situation! I actually called immigration and got through. They were very helpful and said that in any case as there was no action taken on the application and it was withdrawn, it does not pose a limitation. It's the same person anyway so I would have hoped that common sense would prevail.

Thanks again.
may I ask what office you phoned as I thought they did not take any calls nowadays ? Were you kept waiting on phone for ages as I would like to ring from abroad about something ??
thanking you


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