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-   -   Spouse visa (http://forum.migrationhelp.com.au/showthread.php?t=2851)

Param 31st March 2017 04:54 AM

Spouse visa
I got married to an Australian citizen in June 2014. I applied my onshore spouse visa in July 2014. After six months in January 2015 I left my husband due to domestic violence. I informed to the DIBP about my circumstances. I got restraint orders from the court against my ex-husband in July 2015. I got spouse visa in October 2015. I got divorce in October 2016. I got married again to one of my family friend in India in November 2016. Now I would like to apply his spouse visa. But i am not sure that I am eligible or not. I am also suffering from bulging disc and other health issues. I am alone here, have no one here to take care of me and not able to work. Can I apply his spouse visa on medical grounds or is there any other way that I can call him. Will I have to wait for 5 years and from when exactly my 5 years start and finish? Are there any exception to this 5 years condition?
Kindly suggest and help me with further information in my case.
Thank you....😔

Zoltan Bertok 31st March 2017 08:20 AM

Persons who themselves have been sponsored as a spouse cannot sponsor a partner until at least 5 years after their own visa application was made.

If the sponsor has themselves been sponsored, the 5 year period is calculated from the date the sponsor’s own visa application was made to the date of approval/refusal of the current sponsorship. Approval/refusal of the sponsorship is a time of decision criteria. Although a sponsorship must be provided at time of application, it is only at time of decision that the sponsorship must have been approved.

The passing of time will sometimes solve the ‘serial sponsorship’ problem. If a partner visa application is lodged while the sponsor is subject to the 5 year limitation, the limitation will no longer be in force if the Department does not make a decision until after the 5 year period expires. This is because approval of the sponsorship is a ‘time of decision’ rather than a ‘time of application’ requirement.
Consider that the waiting time from the lodgement until the decision is about 18 months.

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