OK, your relationship has ended. Now what? What happens to your Australian Partner Visa application?
Please note that if your relationship breaks up and there is sponsorship withdrawal, Down Under Visa can’t represent or help either of you. We can let you know legally what you have to do, but we cannot take sides and we can’t specifically help either of you beyond the very basics.
Usually it’s the sponsor who contacts us when a relationship breaks up and says “What do I do?” We explain what they have to do, which (if you’ve been reading your BLOG articles you will know) means you have to withdraw your sponsorship officially. Must do it. No choice.
Now what?
The other question the sponsors (usually men) ask is “What will happen next?”
After the Partner Visa Sponsorship Withdrawal
Yes, correct terminology. YOU don’t cancel her visa. YOU don’t send her packing and toss her out of Australia. What you do is you withdraw your sponsorship of her visa application and the Department will take it from there. And if there are no extenuating circumstances, yes in time the visa will most likely be cancelled and she will need to leave.
And once you do this? We can’t help either of you! Why? Because we acted for BOTH of you, which means we have a conflict of interest if we try to take one of your sides against the other. So I will back off. If you need further advice, I can refer you onto a Registered Migration Agent / Lawyer who is very good at this area.
The issue for the Department (and for those Partner Visa applicants who wish to remain in Australia) is whether there are some exceptional circumstances which would allow them to grant the visa despite there no longer being a sponsor.
Exceptions
If the sponsor dies
We’ve had some sad cases where this has happened. We’ve also had it happen before the application has been lodged, and there is nothing we can do about that. No sponsor at the beginning of an application, this means that any application will be invalid.
However if the application was actually lodged, yes there’s a good chance we can help to get the visa application granted. We had one recently, and mum and kids are now Australian permanent residents.
We can help if:
- We can show the Department that the relationship would have continued had the sponsor not died, and;
- The applicant had developed substantial ties with Australia
And of course they would still take the rest of the application into account. If the application was likely to be refused had the sponsor not died, then they will still refuse it.
If the relationship ends and there is sponsorship withdrawal
If the sponsor withdraws sponsorship of the visa applicant in a partner visa application, is there any way she can remain in Australia and avoid visa cancellation?
Family Violence Provision (aka Domestic Violence)
This is the unpleasant topic that we would all rather avoid, however it happens and the Australian Government has a distaste for the idea of tossing an applicant out of Australia because they suffered abuse, known as “Relevant Family Violence”. Note that this means:
….conduct, whether actual or threatened, towards:
(a) the alleged victim; or
(b) a member of the family unit of the alleged victim; or
(c) a member of the family unit of the alleged perpetrator; or
(d) the property of the alleged victim; or
(e) the property of a member of the family unit of the alleged victim; or
(f) the property of a member of the family unit of the alleged perpetrator;
that causes the alleged victim to reasonably fear for, or to be reasonably apprehensive about, his or her own wellbeing or safety.
It’s not about arguments or disagreements. It’s about threats to wellbeing or safety toward the applicant or family members (eg children) or property of the visa applicant.
Australia takes a dim view of domestic violence, and no one has to tolerate it. No victim, female OR male (yes, there are male victims too) has to tolerate being in an unsafe situation from an Australian sponsor who gets to hold fear of deportation over their heads. And I hope that any genuine victim who reads this contacts the police immediately, as this is the first port of call.
Genuine Family Violence
There is a perceived fear out there about ladies trying to play the system and making false claims of family violence which will ensure they get to remain in Australia as permanent residents and also may get their husband into trouble. What if she tells the police that you threatened to kill her, and they believe her? Does she get a visa and could you be locked up?
Again, a clear disclaimer here. I am not an expert in this area. I fortunately haven’t seen too many family violence cases, and those I do I pass on to real experts. And I would implore you to seek expert advice before acting.
I suppose from observation I could say that yes this sort of thing happens, as there are sneaky and scheming people out there. When a relationship breaks down? My experience tells me there are never any “bad guys”, and both sponsor and applicant are as innocent as the freshly fallen snow in their explanations. However the other party in contrast is always the devil incarnate! The other party is the worst human being on the planet, and the fault is entirely theirs! Someone is always lying!
So honestly, I’m not that unhappy that I can’t get involved any further because if you were both so perfect then you wouldn’t be coming to me! And trying to work out who’s trying to manipulate a situation by making false or exaggerated accusations and who’s trying to cover up their own unpleasant behaviour? Not in my skillset.
But my understanding from colleagues who do specialise in this area is that unsubstantiated wild stories with no evidence to back them up, almost never get the desired results. Yes a manipulative applicant can convince a social worker to write a report stating violence that never happened, but if there is no backup evidence (which would exist if there was a real case!) then it won’t convince the Department. There is detailed process and an evidence-trail to go through, which your new Registered Migration Agent can guide you with.
And they also need to believe that the relationship was otherwise genuine and that you have an otherwise strong case leading up to the alleged violence occurring. If your application was otherwise not likely to be successful, then the existence of family violence won’t change that.
As for any other legal issues surrounding relationship breakups? Please see a lawyer and get some reliable guidance rather than talking to your friends! Watch out for “experts” and watch out for troublemakers!
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Australian Partner Visas and Aging Visa Sponsors
Merits Review! How to turn an Australian Visa Refusal around at the AAT!
What’s the status of the visa holder who has temporary residency granted and their relationship breaks down.
Please read the article, Mike. It answers your question.
Hi Jeff,
I did withdraw as the sponsor of my ex partner visa almost 2 months and I also received the confirmation email from DHA but I just check my partner visa via VEVO and see his visa is still valid. Can you please advise me the procedure after a partner visa has been withdrawn? My partner doesn’t know any information about his visa like grant date, grant number… and he changed all his contact details so nobody knows where he is now so I don’t think the DHA can contact him as my partner hasn’t updated his contact details.
I just want to know the procedure after I withdraw my sponsorship, what happen if the DHA can’t contact him so they just let him stay here forever?
Thanks
The procedure for you is to leave it alone at this point. Once you withdraw your sponsorship, what happens to the visa and the applicant is not longer your concern. They will not communicate with you about this at all.
Hi Jason,could you update your case?I withdrew my sponsorship for my partner 3 months ago but his visa is still valid and I don’t find any way to find what happened
I’ll reply to you.
What happens after you withdraw is in the hands of the Department. What action and what timing, you are not a party to this once you withdraw sponsorship. They won’t tell you, nor will they listen to you. Best to just get on with your life.
Hi Sir Jeff… my partner has had one successful PV sponsorship and made another for his second wife last August 2017 but he withdrew it on July 2018 (almost a year before the visa was decided last 2019)… as far as we know, the wife was given a permanent residence visa despite his withdrawal… our question is, does he count as a sponsor for that last application? can he still sponsor me?
If the wife gained permanent residency for a visa he sponsored, then without looking into it and checking I would say he probably sponsored twice. He can only sponsor you if we can successfully apply for a waiver of the restriction. Strongly suggest you get a free visa assessment on this page.
My partner rescinded her sponsorship and we split for 6 weeks. The department have acknowledged this to her and said they will not refer back to her now. She did this in the heat of the moment and we are now reconciling and she would like to re-instate it. Is this possible? I have not yet received anything from the department.
You need to talk to them about this. Both of you!
My partner notified he was withdrawing the sponsor for his ex girlfriend. They’ve been over for almost two years but he never had the courage to inform the relationship status change (he did mentioned in the letter the reason he took a few months to notify was due to compassion motives) until a couple months ago. My question is; how can he be sure he is no longer tied or in a sponsor position? So far he hasn’t received any emails confirming he’s no longer the sponsor and how can he find out?
The Department won’t tell him anything, and there seems to be no clear way of finding out. Simplest way is to try to find out of his ex-partner was granted a visa or not. If she was not, and returned to where she came from, it’s fairly likely she was not granted a visa.
She couldn’t lodge the PR application because she needed more documents proving the relationship was still ongoing and my partner never gave it to her. When she was told of the withdrawal she started documents of sponsorship through her job. What she said is that they were getting ready to apply for her sponsor two months after the letter was sent.
If her employer sponsored her then she would be in Australia on a different type of visa (from what you tell me).
Hi, I have made a request to withdraw a sponsorship but I have changed my mind.
Can I retract it?
You’ll have to contact the Department and ask them
Hi there
Our relationship is about to breakdown and I have sponsored my husband. we have a son together, also we’ve been together for more than 3 years but his permanency hasn’t been approved yet.we did apply for it but it hasn’t been granted yet if I withdraw my sponsorship, how likely he’d be able to stay in Australia. can I put everything on hold to see where my marriage, is at. Currently we have so many issues and I don’t see any future in our relationship.
If you’ve broken up, by law you need to inform the Department immediately. You can’t delay it or you will be breaking the law. What happens to him is the decision of the Department
I have been granted permanent residence but not a Australian citizen yet.My partner has change my immi account user name and password after we had an argument, is that going to affect my visa or what will I do to protect my immigration account from other people going into it?
Sorry but I can’t get involved in this
Hi Jeff my soon to be ex wife is on a bridging visa A while her temporary partner visa (820) is being processed. The Bridging Visa was granted in July 2019. I want to withdraw my sponsorship as our marriage is over. Can i inform the Immigration department now itself or do i have to wait till Jul 2020 as that will be 1 year since she got her Bridging Visa ? Regards Brett J
By law you need to inform them immediately if your relationship ends. You agreed to do this when you submitted your sponsorship form. It’s not your choice.
Thank you Jeff for your email. I had submitted my sponshorship through the visa agent. I have emailed him advising that i wish to withdraw the sponshorship.
I was unable to locate an email address or mailing address for the Department of Home Affairs on their website.
Are you able to please let me know if you can share those details .
Regards Brett J
They will contact you, Brett. There’s no email address where anyone will confirm that a withdrawal took place. If you want to make certain, just call 131881
Thank you once again Jeff for your speedy responxe.
Regards Brett J
Hi Jeff thank you once again. I emailed the Visa agent about my wishing to withdraw as the Sponsor on sat 25/4. He was hired by my soon to be ex wife . Today when i spoke to him to follow up, it was very strange as it seemed he did not want to forward my withdrawal notification to Immigration. I explained to him how the marriage was over and i also said that by Australian law, Immigration needs to be notified Asap when a marriage ends.
Should i be contacting Immigration myself or what would you suggest ? Regards Brett J
I really can’t advise you, sorry Brett. This is just a comments section on a BLOG.
my wife is on 309 visa and I am her sponsor. we have been married for 2 years and we both are not happy in this relationship. She left me and went to India (her home) around 7 months ago.
We have now received the invitation from Immigration to apply for subclass 100 visa.
1. Should I inform immigration about my marriage status or is it ok if I just don’t apply for subclass 100 visa ?
2. If I withdraw my sponsorship now and she won’t get the PR. then, is it still counted as one of two sponsorships I am allowed ?
3. How long her 309 is valid after I withdraw my sponsorship.
1. You MUST inform Immigration if your relationship has ended.
2. You must also withdraw your sponsorship.
3. Yes, you successfully sponsored
4. What happens to her visa status is in the hands of the Department. You will not be included.
Great blog and well done for answering so many questions. I have one too if you don’t mind. My relationship has ended and i haven’t heard from my wife in months. I have no idea if she has withdrawn her sponsorship. I can’t see anything in my immi account to indicate if she has or hasn’t. Is there a way for me to know? I intend on updating the application myself to say we are separated and plead my case but I am just trying to gauge a timeline. If she has withdrawn I need to do it asap if not I may have a few weeks to make a plan B for the visa being cancelled. Horrible waste of almost 8k I can’t really afford!
Thanks again
Your wife is your sponsor? You are the visa applicant? I would simply call 131881 and ask.
Hi Jeff,
If I withdrew my application as a sponsor for my ex girlfriend during the bridging visa stage, I can only assume that the visa wasn’t granted, there is no way of finding out apparently.
Would I be correct in assuming I haven’t sponsored anyone when the question is asked on the second application.
Thanks
If you withdrew sponsorship AND the visa wasn’t granted, yes you could consider yourself to have not sponsored. You need to find out if the visa was in fact granted, and the Department won’t discuss this with you. I have no easy solution.
Hi Jeff my ex wife has had her temporary partner visa withdrawn by immigration. Can she still stay in the country. We have a son but she left me n made false allegations. Her partner visa was still withdrawn. Her partner visa was offshore 309/100..can she still stay in Australia
It’s up to the Department, Sean. She would need another type of visa to remain in Australia. But even though you were the sponsor, the Department will consider this none of your business and will not communicate with you about it sorry.
I sponsored my wife and she had been with me more than two years here . After that I cancel her sponsorship as she complained domestic violence against me and the court dismissed he r allegation. After that she applied PR on the basis of Domestics Violence . Will she get PR even though COURT DIDMISSED HER allegation.
Unlikely. However you don’t have any say in this once you withdraw your sponsorship. They will not answer any of your enquiries.
Hi there, after my partners infidelity, we have decided it best to end our relationship and our visa application. My partner is currently on a Bridging Visa. Given the Visa hasn’t been granted, does this impact on any hypothetical Partnership Visas I may apply for? (the 2 visa applications / 5 year wait)
If the partner visa wasn’t granted, then it won’t. Get onto the Department. Withdraw your sponsorship on the basis that the relationship is over. You’re required to do this by law.
Hello sir,i recently withdrew my sponsorship for my partner because we are no longer together,she is on 309 visa,it’s been 2 weeks since i withdrew my sponsorship through a migration agent but I’ve not received any confirmation whether the DHA has received my letter or not.is there any way to find out?
They will not contact you, and if you enquire they will not respond to you. You’ve done the correct thing in reporting that you’re no longer sponsoring her. That’s where your involvement ends.
Hi I am trying to withdraw the sponsorship of a partner on 309 and I am finding it very difficult on where this information needs to be sent. I am based in Victoria, Australia.
Is there an email address I can communicate this to? Calling the 131881 number for the department, they told me to send it via regular mail to the VIC GPO box address. However, when I asked them how can I know this is actioned (just my withdrawal of sponsorship as I just dont want to remain obligated to him financially in anyway. I dont care what happens to his visa.) The person on the line said to me, I need to keep calling back to get a confirmation and it can take months. My confusion is, what information do I quote when I call them in 1-2 or 3 months time to confirm my sponsorship is withdrawn.. my full name and date of birth? and even better, is there an email address I can just send my withdrawal letter to? Would you be able to share if you have it?
Many thanks for your help and this amazing amazing blog.
You have to contact the Department, and the easiest way is via the 131881 number. I would suggest trying again. I’ve never heard of them NOT being able to assist before.
Hi jeff i have requested to department to withdraw my partner application 2 days ago i am wondering will they tell my husband i have withdrawn his application? In how many days they will normally let him know about his application withdrawal
You will need to ask the Department. We never get involved in that.
Hi
I withdraw my sponsorship application. My was hitting me. on the street and someone reported him. He is on an intenvention order, but there are no charges against him.I removed the charges as I was under threat. I want him out of the country. what can I do to make sure he is deported. I have gave the intevention order and the report number to the immigration and the application has been withdrawn. The immigration is not telling me if they going to deport him. how long does it take usually for the immigration to make a decision.
I don’t know if I should press charges as I was told that it takes 2 year for the case to be decided by court, for that he needs to stay in Australia and I don’t want him to stay in Australia, he is a threat on my life.
If someone is threatening you, please go to the police. This is not a matter for a comments section.
Hello, good afternoon,
I need an advice about my situation. I went to australia last 2018 under visitor’s visa sponsored by my fiance then after second time of going there.we decided to lodge a new application as a de facto. However during that time things doesn’t work out for he is always drunk and i am a victim of viiolence. time comes I decided to move out from the farm for my safety/He then inform the Home Affairs that our relationship was broke down. I recieved an email from the DHA after few weeks and I did comply my side of support but eventually due to lack of support like Joint Account. I lost and proceed for the Tribunal but still I lost again even I have many proof that relationship is genuine and there’s an abuse happening during the relaitonship.
As the Tribunal on going, I have a new boyfriend. and got married but that time my AAT case was already came out. and went home to the Philippines last May.
Can i still apply for visitor’s visa to be with my husband or apply for spouse visa?
How long does it take.
I can’t answer complicated questions like that in a comments section. Please find an RMA who specializes in cases like that.