When you lodge an Australian visa application, the very last thing you’re thinking about is withdrawing the application and wasting all that time and money. DIBP statistics show that a significant number of applications are voluntarily withdrawn by the applicants. Why would this happen? And how can you learn from this?
Why withdraw a visa application?
It appears like the last thing in the world you would ever want to do. Why on earth would you ever do such a thing, and why are so many visa applicants doing just that?
The only reason you would withdraw a visa application is that you want it to stop and not proceed any further. You are asking the Case Officers at the DIBP or Australian Embassy in Manila to not do anything more on the application. You want it to stop, in short. And quite obviously you would have strong reasons for this. I’ll list some of the reasons. Take note, and try to think of how and why you would want to prevent this happening to you when you so obviously want your Filipina sweetheart there with you in Australia ASAP.
Relationship breakups
Sadly this does happen, yes. And whilst it’s pretty awful when it happens, in most cases in the long term it’s a positive thing. I’ve had failed relationships before. I’m sure that most of us have. What it means is that you’ve got a chance to start again, and hopefully get it right next time. I don’t know about you, but I don’t miss any of my ex’s, and I know I’m better off. Ever hear that Willie Nelson song “To all the girls I’ve loved before”? I like Willie, but I cannot relate to that song in any way. Not glad they came along. Just glad they kept going!
Remember if your relationship breaks up (or breaks down? Up? Down?), be sure to withdraw your sponsorship of the application immediately (which will lead to the application itself being withdrawn), because if they happen to grant the visa after you break up, you will be stuck with an unwanted visa grant and the inability to sponsor anyone else for a partner visa for the next five years! Yes, imagine how you would feel? The point of you withdrawing is to stop them processing it anymore. No more processing means avoiding the repercussions.
False statements, omissions, and bogus documents
We’ve harped on endlessly on this topic and Regulation 4020, yet it still happens. People make false statements. They leave out essential information, thus making a false statement by omission. They put in documents with wrong information, making those documents bogus.
Example: Client the other day told me how they’d lodged their own tourist visa application, however she had stated on that application that she was single when she was actually married, and when it asked if she had kids who were not traveling with her, she left that part blank. She made multiple false statements!
Bogus documents include what might appear to be accidental errors. We would estimate that 1:10 NSO documents (ie. birth certificates, CENOMAR’s, marriage certificates, etc) from Philippines we receive have significant errors on them. These may be misspellings, careless typographical errors (typos), or deliberate attempts to deceive or to cover things up.
When you make statements that are false or when you submit dodgy documents, a response will come back from the Department. It’s called a Natural Justice letter, and it’s just that. They will give you the opportunity to explain yourself, basically. It’s in case they somehow got it all wrong, or in case you have a really good reason for what happened.
Be warned! Most excuses don’t hold water, and they don’t consider ignorance of the mistake as an acceptable reason for making it. What happens is that most people realise that they have no choice but to withdraw the application to avoid being slapped with a refusal and a three-year ban on making any further Australian visa applications. Withdraw it, and the problem disappears…..for now. Better to do that than suffer much worse consequences. Agreed? Be aware that if you want to try and apply again, you need to correct the issue so that you don’t do it again.
We at Down Under Visa deal with a LOT of this all the time. We catch out document mistakes. We stop people from leaving out important information when they think it isn’t essential, and we push them harder to get the right information when they don’t understand the seriousness of the issue. And it pays off! The world averages (from DIPB statistics) say that partner visa applications and prospective marriage visa applications have between 1:4 and 1:5 chances of failure, whereas our success rate is higher than 99%. That sounds significant to me!
Further Reading
Making an Australian visa application easier
Why the Australian visa application charge disparity?
Registered Relationship Certificate. Is it enough for a Partner Visa?
Ladies from Thailand, Vietnam or Cambodia. Who makes the best wives?
Offshore Partner Visas and Prospective Marriage Visas
Australian Partner Visas and Aging Visa Sponsors
Merits Review! How to turn an Australian Visa Refusal around at the AAT!
I have been in this situation before and lucky for me Jeff was able to assist and promptly provide what was needed to send away to stop the process. I did delay on this even after I knew it was over and ended I still waited and delayed because something deep inside me wanted to wait and see but in the end I came to my senses and got onto Jeff who then made it clear the reasons to be hasty about the cancelation (as described in the article). So from experience my recommendation is if you end it and you know its over, get the cancelation done as quick as possible.
Thanks Robert. Yes, my point exactly. Not nice to have to do. Breakups are never pleasant. But better than the alternatives!
This case is for the guy, what about the applicants? Let’s say if the relationship broke up after she was granted a tourist visa. Can she still be sponsored?
She can still be sponsored by someone else, yes. We see that happen all the time. Relationships break up. People meet out people. Not an issue in itself. However if the girl has a “habit” of short-term relationships and trips to Australia, no doubt they will look back on her record. Only natural.
Pls I was given an invitation to comment on a bogus document which was a problem from my bank and they won’t reply me on time, can I still withdraw andwhat reasons can I give for withdrawal,
I can’t advise you sorry
I have a question here guys, I applied for my second year visa, as the company I worked for said they could sign me off for 88 days, however immigration asked for my info and i couldn’t provide it. So i am finishing my days to make sure that i have enough hours to qualify for the full 88.
I withdrew my application before the decision, and received notification of the withdrawl.
My Question is, it says that an application cannot be re-considered once with drawn. and if i wish to applt for another visa to australia in the future a new app must be lodged. does this mean another type?
Or can I re-apply for my second year once i have done my full days? i am worrying now as i have been working hard to complete my hours.
Does this mean
I only do partner visas, family visas and tourist visas for couples, Ashleigh. I’m not up on work visas at all. Sorry, can’t help on this.
Dear jeff,
I got a mail from dibp today on natural justice. Here is the detail of the letter.
justify the grant of the visa. The following applicant(s) included on your application for Student (subclass 500) must satisfy the PIC 4020 requirement. This means that failure to satisfy PIC 4020 by any one of them may result in each person included in this application being refused the grant of this visa.
your visa application you declared “No” and “Yes) for the questions: ? Has the applicant, or any person included in this application, held or currently hold a visa to Australia or any other country? You answered “Yes” Given details: Nairobi Kenya
? Has the applicant, or any person included in this application, ever been in Australia or any other country and not complied with visa conditions or departed outside their authorised period of stay? You answered “No”
? Has the applicant, or any person included in this application, ever had an application for entry or further stay in Australia or any other country refused, or had a visa cancelled? You answered “No”
? Departmental records indicate that SONAIKE Olubunmi Stephen has had applications for entry for Canada and USA and he has not travelled to this countries.
Please advise when did you apply and what the outcome of the visa applications was.
On the basis of the information above, you have in fact provided false and misleading information regarding your visa history on your current visa application. Your visa application may therefore be considered for refusal on the basis that you do not meet PIC 4020.
You are therefore invited to provide a detailed written comment on any of the above information. In addition, you are requested to provide any information that relates to:
? compelling circumstances that affect the interests of Australia; or
? compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen .
Timeframe for response You must respond to this invitation to comment within 28days after you are taken to have received this letter. You should provide your response in writing..
I was out of the country when my spouse made the visa application and was not ask if such a situation has occurred before.
What do u advise me to do
I advise you to engage the services of a Registered Migration Agent who deals with student visas. We don’t, sorry.
Hi there.
What email can you sent a letter of withdrawal to?
It depends on what section or office it was lodged at. I would suggest calling the 131881 number and asking them.
Do you have a sample withrawal application letter
We don’t supply free templates, sorry
Hi Jeff. if a relationship ends and you choose to withdraw the application for a partner visa, what happens to the person being sponsored? it is possible for the person to get a substantive visa or what are her options?
thanks
Generally not, Mike. But don’t be concerned about that as it’s not your decision and the outcome is not within your power. You must by LAW report a relationship breakdown and a withdrawal of sponsorship to the Department ASAP.
How long takes to the application be withdraw? I made a mistake on my and need to make a new one, however the online system doesn’t let me. I have sent the withdraw form however they don’t answer my questions or take it out of the system.
I’m sure they will, Laura. It’s not a speedy system. I can’t tell you how long it will take, because we’ve never had to do that.
hi all. just want to know IF we get married before our PMV is granted. will our timeline of waiting go back to zero? PMV is on 13-16mos and 309 visa is currently on 13-17 mos processing time. we submitted Feb this yr.
IF we decide on getting married before its grant, we need to withdraw pmv and change to spouse visa as what immi site says. so when do we send a notice to the case officer? before, after the wedding? Thanks in advance
You need to withdraw the 300 and ask them to change to a 309. No, it doesn’t start all over again if you do that.
Hi There,
If you withdraw a partner visa (permanent) before it has been granted of course, because the relationship ended and the person has another relationship with an Australian citizen, can she do another Partner visa?
Yes, as long as it wasn’t finalised.
Hi I was recommended by the Australian Immi department to withdraw my 300 application and reapply with a 309 application.
Do they consider the previous (medical etc) evidence from the previous application or is all the evidence required again?
Many thanks
Normally a fairly clean swap-over. You will need a few things changed, but the applications are 99% the same.
Thanks Jeff
As the applicant who withdrew the application while on a bridging visa, I wonder what happens with my tax file number and bank accounts in Australia? I used to work while on a BVA back in Australia
I would imagine your bank account is still yours. Why wouldn’t it be? Contact the bank. Tax File Number? I imagine it would just sit there unused unless they’re aware you’re no longer a resident.
Hi Jeff,
I applied for my ex and we got BVA, but then she left the country and withdrew her visa application. Will I be able to sponsor someone else without waiting for 5 more years and lose one of the 2 sponsorship allowed?
She will be very lucky to come back. BVA’s don’t allow travel.
I applied for student visa from pakistan and i got received natural justice of my loan statement and i withdraw my case. Can i reapply with genuine funds again for student visa or my withdrawn case would affect it
?
I dont deal with student visas, sorry.
My husband is on his temporary Partner visa (subclass 309) and has applied for Subclass 100
Partner (Migrant) visa in December…due to a fight I withdrew the sponsorship not knowing the
consequences of this action….only 24 hours after my email I received confirmation that I am no longer a party to the application…I wrote back the next day saying “In my haste I believe I have made the wrong decision and wish to be reinstalled as sponsor and for the application to progress as it has previously…Please disregard my previous email of withdrawal this was made in error”….I only received a confirmation that the second email was received…my husband hasn’t yet been informed….What are the consequences and what steps should I take…
My husband joined the United States military, we are still together. Do I need to withdraw our application?
I don’t have any knowledge of US visas. Not sure why you’re asking.
Hi Jeff,
I applied for 820 while on e-visitor, and my BVA will start on Aug. 6th. My relationship broke down 3 weeks after the application was lodged, and I left Australia in July. My Australian ex refuses to sign the withdrawal form. If I notify the deprtment of immigration of application withdrawal, will I be able to travel to Australia in the future?
Lodged visitor visa in India, the tax agent gave me fake tax return and I attached.. received letter 4020 and i have withdrawn the application. What are my chances for the new application, would they refuse on the basis of old documents. I have taken legal steps towards tax agent.
If you withdrew the application before you renewed it, in theory you should be able to apply again. They don’t hold grudges.
Dear Jeff,
My very good friend applied for a partner visa in Australia. Her relationship ended before the visa was granted and she notified the case officer. The case officer advise her to withdraw the application by way of replying to his email with the signed form, instead of just refusing the visa grant. I’ve read the Migration Act and Regulation, and could not find any consequences of non-compliance with his request. She did not provide any misleading information etc., so I do not believe any penalties can apply. I am wondering is she will not withdraw it (i.e. she does not have a scanner or for whatever reason), will the visa be simply refused or whether she may be a subject to penalties?
I’m not getting involved in this, sorry.
Thank you Jeff, I understand that she probably should get a legal advice. I just assumed that there is a common practice on this matter, as we found it unusual to receive an email requesting to reply with the signed form instead of actually submitting it into the account. Just seems odd and she does not know how to go about it to make sure she complied . Would you please let me to paraphrase the question? If the visa is refused, the applicant will only be able to apply for particular visas (they call it “prescribed” and there is a list of about 10 and they exclude the student visa). Is this the case if the application is withdrawn? She’s been in Australia for the last 7-10 years, finished university and works full time. It’s unfortunate that her relationship broke, so I am wondering is there a difference if she withdraws her application against if the application is rejected (and she will not be able to apply for other visas, except for prescribed)? In any case, thank you very much for your time.
Hi Jeff,
We are applying for a partner visa & I have accidentally given some incorrect dates and information in a statement relating to a previous offence (without conviction) that happened a long time ago. I’ve just issued the CO with an update, but I’m thinking it might be best to withdraw and resubmit with the correct information. Should I first wait to see if she issues a Natural Justice letter, before withdrawing? If I do withdraw can I reapply immediately after, or is there a waiting period?
Thank you!
I really can’t advise you or anybody about their cases here. This is just a comments section. I’m responsible for advice I give.
I Jeff,
I have received a letter to comment on schedule 3 because I overstayed my student visa for 6 days and I am on a BVE at the moment.
Me and my partner have decided to withdraw and reapply offshore to avoid a refusal.
Do we have to explain this in the withdrawal form and in the next visa application?
I don’t manage student visas, sorry
Whats happens if i withdraws my sponsorship on my husband visa is there any chance of him staying on in Australia
Yes there is a possibility, and it’s not your decision to make. If your relationship breaks down, you have a legal obligation to withdraw your sponsorship.
Hi Jeff,
I got 189 invitation and applied it on 20 march.
My visa is expiring on 10 May (presently on 485 visa).
My question is what bridging visa (for how many days) will i get if i withdraw my application after 10 May.
Can I apply for another visa (189 again)after I’ve withdrawn my application?
This isn’t the type of visa application that I deal with, sorry
Hi Jeff,
I have accidentally submitted 300 instead of 309 a week ago. Now I have submitted two forms one for withdrawal and one for refund.
The department also not giving any clear answers.
When do I get the refund?
Is there any direct email or contact in the accounts dept. so I can request them to check the visa application and refund the money earlier, so I can reapply for 309 spouse visa.
Or should I apply for spouse visa straight and get that payment to be directed to the correct form (don’t know how?)
Please any suggestions
Thanks
joe
Please use the technical help section of the immi account
Hi Jeff,
What happens if I voluntarily withdraw my Student Visa prior to a definitive answer? Does it have any repercussions in my visa history? Can this affect future visas?
Thank you!
I don’t deal with student visas, sorry
Hello Jeff,
Can I withdraw a visitor visa and apply for partner visa? I am in Australia at the moment.
Reluctant to advise you here, as I don’t know enough about your case
Please tell me you got my last three comments??
I got your last three comments, but this is for comments on a post. It’s not for me to provide free professional advice with solving complex immigration problems for individuals.
My partner has a refugee visa application which we want to withdraw and submit a partner visa. she has also a bridging visa as well, my question is how long do we have once we withdraw the refugee visa and submit the new visa before she will need to leave the country and be unlawful?
Sorry, I don’t get involved with refugee visas and wouldn’t be the right one to ask.
Hello,
I applied for the visa (600) 4 months ago, I put all documents correctly and I updated my address and bank statement last month, but I didn’t receive any answer because they weren’t processing the visas. Now with the border reopening, many people from my country are applying and receiving fastly. Could I withdraw my application and apply again? I wanna do this because my trip is arriving and I am afraid of don’t receive it on time. Will I have some consequences in my new application since I would have a previously withdrawn application?
Thank you
Entirely up to you. I think they will process your visa when they get to it.