Withdrawing Your Sponsorship For A Partner Visa Application
One of the requirements that must be satisfied when applying for the offshore Partner (subclass 309/100) visa or the onshore Partner (subclass 820/801) visa is that the applicant has an approved sponsor.
You and your partner must continue to be in a genuine and continuing relationship during the following times:
While your partner’s Partner (subclass 309) or Partner (subclass 820) visa application is being processed (that is while the temporary stage is pending); and
While your partner holds a Partner (subclass 309) or Partner (subclass 820) visa (until the permanent stage is decided).
If you and your partner’s relationship breaks down during these times, the Department of Home Affairs (‘the Department’) must be notified. In many cases, this means that the Sponsor rescinds their support of the application (the sponsorship part of the application is withdrawn).
How to Withdraw Sponsorship
Under section 104 of the Migration Act 1958 (Cth) (‘the Act’), both the visa Applicant and the Sponsor are required to notify the Department as soon as practicable if their relationship has broken down.
You can notify the Department by filling out the required form online or uploading the requisite updates to ImmiAccount.
It is important to note that you can no longer withdraw your sponsorship if your partner has been granted a Partner (subclass 100) visa or a Partner (subclass 801) visa. As these are permanent visas, if the relationship breaks down after this time, there is no longer an obligation to update the Department. This is to recognise that there is no expectation that your relationship must continue in perpetuity.
Invitation to Comment Letter
Once you or your partner have notified the Department of your relationship breakdown, under section 57 of the Act, the Department will issue your partner with an invitation to comment letter.
In this letter, the Department will outline that they have received adverse information that you and your partner’s relationship has ended.
Your partner will then have 28 days, beginning on the day after they received the letter, to respond.
Depending on the circumstances of the relationship breakdown, generally, the Applicant will need to make arrangements for an alternative visa as in most cases the partner visa cannot continue.
What is Next?
If you are regretting withdrawing your sponsorship as, for example, you have done so after you have had an argument with your partner, it is possible for you to remain as their sponsor. Your partner will need to respond to the letter from the Department within the allotted time frame and explain that you remain in an ongoing relationship and attach any applicable evidence to support this fact.
If there is no possibility for you and your partner to reconcile, it is likely that the Department will cancel your partner’s visa under section 109 of the Act.
If you require any assistance in relation to a sponsorship withdrawal, contact us.
How can Agape Henry Crux Assist?
At Agape Henry Crux, Our Accredited Specialist(s) in Immigration Law with our team of immigration lawyers and migration agents are specialised to handle highly complex matters. You can schedule a time with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Korean, Japanese, Mandarin, and Malay. If this isn’t your language, we can also help you arrange an interpreter.
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