Regulation 1.20KA — Limitation on approval of sponsorship—partner (provisional or temporary) or prospective marriage (temporary) visas

1.20KA Limitation on approval of sponsorship—partner (provisional or temporary) or prospective marriage (temporary) visas

(1) This regulation applies if:

(a) a person is granted a specified visa on or after 1 July 2009; and

(b) the person seeks approval to sponsor the relevant applicant on or after 1 July 2009; and

(c) the person was the spouse or de facto partner of the relevant applicant on or before the day the specified visa was granted to the person.

(2) The Minister must not approve sponsorship by the person of the relevant applicant within 5 years after the day when the person was granted the specified visa.

(3) Despite subregulation (2), the Minister may approve sponsorship by the person of the relevant applicant:

(a) if the relevant applicant had compelling reasons, other than reasons related to his or her financial circumstances, for not applying for a specified visa at the same time as the person applied for his or her specified visa; or

(b) if:

(i) the relevant applicant applied for a specified visa at the same time as the sponsor; and

(ii) the relevant applicant withdrew the application for the specified visa before it was granted; and

(iii) the relevant applicant had compelling reasons, other than reasons related to his or her financial circumstances, for withdrawing the application for the specified visa.

(4) In this regulation: relevant applicant means the applicant for:

(a) a Partner (Provisional) (Class UF) visa; or

(b) a Partner (Temporary) (Class UK) visa; or

(c) a Prospective Marriage (Temporary) (Class TO) visa.

specified visa means:

(a) a Subclass 143 (Contributory Parent) visa; or

(b) a Subclass 864 (Contributory Aged Parent) visa.