What Happens to My Partner Visa if My Sponsor Withdraws Their Support?
Applying for an Australian Partner visa (Subclass 820/801 or 309/100) is a milestone achievement for many couples. However, relationships can sometimes end before a permanent visa is granted. If your relationship breaks down and your sponsor (Australian citizen, a permanent resident (PR), or an eligible New Zealand citizen) notifies the Department of Home Affairs (DoHA) that they no longer wish to sponsor you, it can feel like your right to stay in Australia is at risk instantly, although your visa may become complex, there are alternative pathways for you to remain in Australia.
What To Do When My Sponsor Withdraws Their Sponsorship: The Immediate Process
When a sponsor withdraws their support, they must notify DoHA. Once the Department receives this notice, the following steps usually occur:
You (the visa applicant) will receive a Natural Justice (S57) letter stating that the sponsorship has ended.
You are typically given 28 days to respond. This is your chance to tell the Department if you have a legal reason to stay in Australia despite the relationship ending.
If you are on a bridging visa, your lawful status remains until the Department makes a final decision on your application.
Related: How to Withdraw Your Partner Visa Sponsorship?
Can You Still Get a Permanent Visa?
Under the standard rules, if the relationship ends, the visa will be refused for failing to meet the visa eligibility requirements. However, Australian migration law includes provisions that allow an applicant to be granted a permanent visa even if the relationship has ceased. You may still be eligible for permanent residency (PR) if you meet one of the following criteria:
Family Violence Provisions
If you or your child experienced family violence (physical, emotional or financial) perpetrated by your sponsor during the relationship, you may be able to stay. You will need to provide objective evidence, such as police reports, court orders, or medical records.
Related:
How to Identify that You May be Experiencing Family Violence?
Type of Evidence Guide for Applicants Under Family Violence Provisions
Shared Children
If you and your sponsor have a child together and both parents have ongoing parental rights, the Department may grant a permanent visa in the best interests of the child. This usually requires proof that the child is an Australian citizen or PR. Ministerial intervention (MI) may also be an option; speak with one of our Accredited Specialists in Immigration Law for this pathway.
Death of the Sponsor
If your sponsor passes away while your application is pending, you may still be granted the visa if you can prove that you have developed personal ties to Australia and that your relationship with your partner will still be genuine and ongoing if they were living.
What if None of the Exceptions Apply?
If your relationship ended amicably and there are no children or domestic violence involved, you generally cannot proceed with the Partner Visa. In this case, you must find an alternative visa, such as a Skilled visa or an Employer-Sponsored Visa. If no other pathway is available, you will need to arrange to leave Australia before your current visa or bridging visa expires to avoid any potential visa bans.
Why Professional Help is Important
When a sponsorship is withdrawn, the clock starts ticking. The response to the Department is a legal document that requires technical legal knowledge and the use of legal case studies. Consider speaking with an immigration lawyer for professional assistance in identifying the strongest pathway for your specific matter, building evidence, and preparing a legal submission to prove your circumstances.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
Genuine Relationship: Insufficient Evidence for Partner Visa—Will It Be Rejected?
Separated but Not Divorced: Can I Still Apply for an Australian Partner Visa?
Can I Re-Apply for a Partner Visa if I Withdrew or was Previously Refused?
How Can Agape Henry Crux Help
If you're unsure how to proceed after receiving notice that your sponsor has informed the Department about your relationship ending, reach out to one of our immigration lawyers. At Agape Henry Crux, our team of immigration lawyers work together with our Accredited Specialists in Immigration Law, who specialise in handling highly complex matters. You can book a consultation with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English and Mandarin. If this isn’t your language, we can also help you arrange an interpreter.
Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards and in the 2027 edition of The Best Law Firms™ - Australia.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
Client Testimonials
….we call it Support Network
Navigating the immigration law process may be difficult, and our former clients have agreed to share their experiences through telephone chats, emails, and in-person meetings.
These are their stories…
