There are several situations that may restrict a sponsor from supporting a spouse visa application:

Sponsoring another spouse visa in the past 5 years

Sponsoring two or more spouses in total during your lifetime

Having received a spouse visa within the past 5 years

Holding a "204 High-Risk Women Visa" for less than 5 years

Holding a "143/864 Contributory Parent Visa" for less than 5 years

According to Australian immigration law Section 1.20KA (effective July 1, 2009), individuals who have held a "Contributory Parent Visa" (143/864) for less than 5 years cannot sponsor a spouse or de facto partner for the following visas:

309 Offshore Spouse Visa

820 Onshore Spouse Visa

300 Prospective Marriage Visa

If you:

Were granted a Contributory Parent Visa (143/864) on or after July 1, 2009

Had an existing marriage or de facto relationship with a spouse/partner before the visa approval

Then, you cannot sponsor a spouse visa application for 5 years from the date the 143/864 visa was granted.

However, if there are non-financial "special circumstances" (such as domestic violence or extreme humanitarian reasons), an exemption can be requested, but sufficient evidence is required.

Secondly, if you received a permanent residency through a spouse visa (like 100/801) in the past 5 years, you cannot sponsor a new spouse or de facto partner within that period either.

How is the 5-year period calculated? It is based on two key dates:

The date you first applied for the spouse visa (the date you submitted the application)

The date the current sponsorship application is being decided (the date immigration grants approval)

Calculation formula:

Date of current approval - Date of initial spouse visa application ≥ 5 years → then you can proceed.

For example:

Xiao Ming submitted his spouse visa application on January 1, 2020, and was approved in 2021.

In 2024, he wishes to sponsor a new partner (only 4 years have passed since the first application).

If the new visa is approved after January 1, 2025, it will meet the 5-year requirement.

July Success Case:
The sponsor obtained Australian PR through the spouse migration (820/801 visa) in August 2020 but divorced due to a relationship breakdown.
On March 13, 2024, the sponsor submitted a new 820 spouse visa application, which was ultimately approved on July 28, 2025.