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On 856 visa, can I sponsor my new wife?

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stuart117 View Drop Down

Joined: 05/November/2013
Location: Australia
Posts: 1
  Quote stuart117 Quote  Post ReplyReply Direct Link To This Post Topic: On 856 visa, can I sponsor my new wife?
    Posted: 05/November/2013 at 17:27
Hi Mark,

I have a similar problem. I too have a 856 work sponsored residency visa since March 2010 and i am not sure if my ex wife was sponsored under me or through my work sponsoring me. I have been in a long distance relationship with my new wife (U.S Citizen) for 21 months now including our recent marriage in the U.S 3 months ago. I was not planning coming back to Australia and was going to apply for my green card there in America. I got offered a job here in Australia whilst i was there in the U.S which i didn't want to pass on and came back here last week to start. I have since read that i may not be able to sponsor my wife now here as i am not sure if i have sponsored my ex-wife in 2010 thus coming into the sponsoring someone within 5 years.
Would you be able to give me some advice on this please ?

MartinO View Drop Down
Moderator Group
Moderator Group

Joined: 02/March/2009
Location: Australia
Posts: 13999
  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 05/November/2013 at 20:29
Stuart, have moved your post to it's own thread, it can cause confusion when people answer the earlier post, after your question.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

MarkNortham View Drop Down
Senior Member
Senior Member

Joined: 26/December/2012
Location: Australia
Posts: 124
  Quote MarkNortham Quote  Post ReplyReply Direct Link To This Post Posted: 05/November/2013 at 21:13
Hi Stuart -

Thanks for the post and direct email - answered your question in the email but for the benefit of those on the forum who may read this in the future, the 5-year waiting period between sponsorships only applies to partner and fiance visas. Including a partner on an employer sponsored PR visa as you did does not count technically as a "sponsorship" so the 5-year waiting period is not activated.


Mark Northam
Mark Northam
Registered Migration Agent
Northam & Associates
Sydney, Australia

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