Can a Relative Sponsor Two People for Subclass 835? The 2026 Limit
Explains the reg 1.20K one-sponsorship limit for Subclass 835 and how to tell whether your sponsor is already used up.
In most cases, no. Under regulation 1.20K of the Migration Regulations 1994, an Australian relative cannot sponsor a Subclass 835 (Remaining Relative) applicant if that relative — or the relative's spouse or de facto partner — has already been granted, or has already successfully sponsored someone for, a Subclass 104, 115, 806 or 835 visa. The rule sits in the consolidated text of the Migration Regulations 1994 published on the Federal Register of Legislation, and the sponsorship requirements it attaches to are set out in clause 835.213 and clause 835.227 and described on the Department of Home Affairs' Other Family visas (subclass 835) page. Because the Regulations are amended over time, confirm the wording currently published on those official pages before acting on it.
What does reg 1.20K actually block?
Reg 1.20K is not a per-application rule or a yearly quota; it follows the person. Once an Australian relative has been granted one of these visas, or has successfully sponsored someone else for one of them, that relative is generally closed to sponsoring another person in the same group. The group is limited to four subclasses: 104, 115, 806 and 835.
Two points do most of the work. First, the trigger is a grant or a successful sponsorship — merely signing a sponsorship form that never produced a visa is not described in the rule as a bar. Second, the bar attaches to the Australian relative and also to their spouse or de facto partner, because clause 835.213 allows either of them to act as sponsor.
Who is caught by the limit?
| Person | Can they sponsor a Subclass 835 applicant? | Reason |
|---|---|---|
| Australian relative who has never held or sponsored a 104/115/806/835 visa | Yes, if they also meet the 835.213 sponsor requirements | No reg 1.20K history |
| Australian relative who was granted a 104, 115, 806 or 835 visa themselves | Generally no | Their own grant triggers reg 1.20K |
| Australian relative who successfully sponsored someone for one of those visas | Generally no | The successful sponsorship triggers reg 1.20K |
| Spouse or de facto partner of a caught Australian relative | Generally no | Reg 1.20K reaches the relative's partner as well |
| A different Australian relative in the same family | Yes, if they have no such history and the applicant is their remaining relative | The limit is personal to each sponsor |
Does the sponsor have to be the same person as the "Australian relative"?
No, but the pool is small. Clause 835.213 allows sponsorship by the Australian relative or by that relative's spouse or de facto partner, provided the partner is cohabiting with the relative. Either way, the substitute still has to be at least 18, a settled Australian citizen, settled permanent resident or settled eligible New Zealand citizen, and usually resident in Australia.
This matters for the reg 1.20K problem: switching from the sister to the sister's husband does not escape the limit, because the bar covers the partner too. Switching to a different Australian relative can work — but only if that person is the relative of whom the applicant is a remaining relative under reg 1.15. The sponsor cannot simply be any willing relative.
How do I check whether a sponsor is already used up?
Ask the two questions below in order, before any application is prepared.
Ask the proposed sponsor directly whether they have ever been granted a Subclass 104, 115, 806 or 835 visa.
Ask the same question about any visa they have ever sponsored for someone else, and whether that person was granted.
Ask the same two questions of the sponsor's spouse or de facto partner, including from earlier relationships, since the bar reaches the partner.
Check whether the earlier visa was one of the four listed subclasses, because sponsorships outside that list do not trigger reg 1.20K.
If the answer is yes to any of these, look for another Australian relative who satisfies the remaining relative relationship under reg 1.15 and has no such history.
Suppose a sister sponsored her brother for a Subclass 835 and he was granted, and she now wants to sponsor her second brother. On these rules she cannot, and neither can her husband; the second brother would need a different qualifying Australian relative who has no reg 1.20K history.
What if the sponsor turns out to be blocked after lodgement?
A failed sponsorship does not automatically become a failed application. The procedural guidance notes that a sponsor can be changed at any time before the decision, as long as the new sponsor meets the requirements. The replacement must still be the Australian relative of whom the applicant is a remaining relative, or that relative's cohabiting spouse or de facto partner, and must satisfy the age, settled and usual residence tests.
The sponsorship also has to remain approved and in force at the time of decision under clause 835.227, so mid-process changes should be made deliberately rather than left until a case officer asks.
What else does the sponsorship have to survive?
Sponsorship is one of several gates, and passing it does not carry the rest of the application. Clause 835.212 requires the applicant to be the remaining relative of that Australian relative under reg 1.15; clause 835.222 requires an assurance of support that has been accepted by the Secretary of Social Services; and clauses 835.223 to 835.226 apply the public interest criteria to the applicant and to family members, including the "one fails, all fail" effect noted in policy guidance. Family members who are included must also be covered by the sponsorship.
This article describes the rules as published and is general information only — it is not personalised advice about your circumstances, and the outcome of any sponsorship depends on facts the official pages and your own records will show.
Frequently Asked Questions
Can the same relative sponsor two siblings for Subclass 835?
Generally no. If the relative has already been granted, or has already successfully sponsored someone for, a Subclass 104, 115, 806 or 835 visa, reg 1.20K of the Migration Regulations 1994 closes them to a further sponsorship. Each sibling would need a separate qualifying Australian relative with no such history.
Does an old Subclass 104 sponsorship from years ago still count?
Yes, if the sponsored person was granted the visa. Reg 1.20K is not limited to a recent period, so a grant from an earlier era of the family migration program can still block a sponsorship today. The relevant test is whether a visa in one of the four listed subclasses was granted as a result.
Can my sister's husband sponsor me if she has already sponsored someone?
Generally no. Reg 1.20K extends to the spouse or de facto partner of the Australian relative, so the partner is caught by the same history. Only a different Australian relative with a clean sponsorship history can usually fill the role.
Can the sponsor be changed after the application is lodged?
Policy guidance states that a sponsor can be substituted at any time before the decision, provided the new sponsor meets the requirements. The replacement must still be the Australian relative of whom the applicant is a remaining relative, or that relative's cohabiting partner.
If no sponsor is available, is there anything else to argue?
The sponsorship limit is a hard criterion, not a discretionary one, so the practical question is whether another qualifying Australian relative exists. Even with a valid sponsor, the remaining relative test under reg 1.15 and the assurance of support requirement must still be met.
Does the assurance of support replace the sponsorship?
No, they are separate requirements. The sponsorship comes from the Australian relative or their partner under clause 835.213, while the assurance of support under clause 835.222 must be accepted by the Secretary of Social Services. Both must be satisfied before the visa can be granted.