Prospective Marriage Visa sponsors need to lodge a new sponsorship application when the partner visa is lodged.
If you have sponsored your fiancee for a Prospective Marriage Visa and that visa has been granted, your fiancee will need to lodge a partner visa application after entering Australia on the Prospective Marriage visa and marrying you.
As your fiancee’s sponsor, you will have applied to be approved as their sponsor as part of the Prospective Marriage visa application process.
When your partner lodges their partner visa application (after entering Australia and marrying you), do you again need to apply to be approved as your partner’s sponsor as part of the partner visa application process?
The answer is yes – even though you have already been approved as your partner’s sponsor in the Prospective marriage visa application process.
The reason that you need to apply again to be approved as your partner’s sponsor is contained in this excerpt from the Immigration Department’s policy:
A sponsorship must be lodged and approved for Prospective Marriage visa applicants. Another sponsorship form must be lodged where the Prospective Marriage visa holder has entered Australia, has married their sponsor while their visa was still valid and has then applied in Australia for a Spouse visa (whether or not their Prospective Marriage visa is still valid).
Although the sponsor would have lodged two separate sponsorships, as these sponsorships are both for the same person, the sponsorships are considered as one for the purposes of sponsorship limitations in accordance with regulation 1.20J.
In the partner visa application process, you cannot apply to sponsor your partner until after the partner visa application has been lodged. You can then lodge your new (second) visa sponsorship application.
Feel free to contact me if you would like to book a consultation for more information about anything mentioned here.
Regards.
Ross McDougall.
Solicitor / Immigration Lawyer
www.rpmlawyers.com.au
Tel: 08 8528 9187
This information is correct at May 13th, 2022. But, keep in mind that immigration law changes from time to time.
