At Down Under Visa we love seeing happy couples getting together. This is what drives us on. This is why we cope (MOST of the time!) with the intense emotions involved in the visa process, and why we soldier on. We believe in marriage and in family, and we love playing our part in seeing new ones created.
But the reality is that sometimes things don’t work out. Sometimes one or both of them weren’t so realistic when they were in their courtship days, or maybe one or both of them changed drastically when the “honeymoon stage” had worn off. And in some cases, the man was set up right from the start by a scheming bruha (Google it!) who simply wanted a meal ticket! It does happen! Fortunately it’s not like the current affair type trash-press will tell you, but no point saying it never happens when it does.
What do you do when it’s definitely over?
There are practical issues you need to deal with. Men are often overcome with emotion and get very down and depressed when this happens. Only natural! But you need to snap out of it long enough to deal with the practical issues at-hand, especially if she turns out to be one of the scheming bruha that I mentioned. Because there’s a good chance she will have already done this!
First thing you need to do is to contact a family law specialist lawyer in Australia, as you need to do things by the book from a legal point of view, and also to protect your assets. We’re talking about divorces and property settlement issues if they exist. We cannot and will not advise in this area, as we have no skills or qualifications. But please do so ASAP.
Further issues? This will depend on whether the visa has been granted yet, and also whether she is inside Australia or outside.
The Department of Immigration
Regardless of where she is and what stage of the application you are at (ie. whether the visa is granted or not), you MUST contact the Department and let them know that (a) the relationship is now over, and (b) you are withdrawing your sponsorship of her. You MUST! This is a legal requirement.
Will this lead to her being unlawful in Australia? Deported? Detained? To be blunt? Not your decision! YOUR job is to let the Department know. It’s THEIR job to take care of the rest. It should not rest on your conscience, nor should you accept any blame that anyone tries to toss at you over this. YOU don’t make the rules, and nor do you decide who gets to stay. Let them know ASAP! If she’s still in Philippines, contact the Australian Embassy in Manila. If she’s in Australia, then call the Department of Immigration and Border Protection on 131 881 and tell them!
Regulation 1.20J and the “Five Year Rule”
Under 1.20J, you may sponsor a partner visa applicant twice in a lifetime, and with a gap of 5 years in between. This applies IF THE VISA IS GRANTED, and it applies even if the lady doesn’t come to Australia!
So…..if you break up and the visa is NOT YET granted, you MUST withdraw your sponsorship ASAP! If you don’t, then you will have a five year wait until you can sponsor someone again. Be very aware of this, and act fast. Imagine how you would feel if you broke up this week, and the visa was granted next week?
Domestic Violence!
In Australia, it is possible for a victim of domestic violence (or family violence, I think is the latest term) to successfully apply for a permanent visa even if the relationship has broken up.
Yes, there are genuine victims out there. It happens! But unfortunately there is also the issue of fake domestic violence, where a scheming bruha claims that she has been a victim in order to gain the prize of Australian permanent resident status. And that could result in an innocent sponsor being charged and convicted of a heinous crime and to have to carry that burden on top of the misery of a failed marriage.
So be very aware of this. Don’t put yourself in a position where you could be accused unfairly. If she comes to get her things, have a witness with you. Don’t be alone with her! And button your lip! You need to look out for Number One at this point.
If this has happened, then good luck to you. Hope you can get back on your feet soon!
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Hi I just to ask about this five year rule. How about my sponsor got two partner married. First , he sponsored her partner last 1978 and they divorced 19 years ago. Second, he sponsored her partner last 2010 and they divorced 2012. And my question is if he can sponsor as de facto for her new partner this coming 2018? Thank u for your kindness response.
Sincerely,
Athena
Athena, that’s a complicated situation. Please use our free online visa assessment form.
Is there a email address to remove a sponsorship
Call the Department or your nearest Australian Embassy or Consulate if outside of Australia.
My son is sponsoring his de facto uk partner and she is already in Australia. He applied for her visa about 16 months ago.
They are “on a break” in the relationship. This happened 1 week ago and there is little hope of a the relationship surviving. He is devastated with the “let’s have a trial break” scenario and hasn’t had time to think straight.
How long should he wait before informing DIBP of the situation? Is there an obligation to inform them of the current relationship status immediately or can he give it some time to resolve?
If the relationship ends, he has an obligation to tell her the moment it actually ends. However a “trial separation” is a bit of a grey area. If they’re just having a think about it, I can’t see an issue. However once the commitment ends, he has no choice but to tell them.
My partner is currently in Australia on a Class 600 Tourist visa and has arranged with a friend to leave my house and to be picked up later today. She is demanding bulk money for the time she has spent with me in Australia and her return ticket for return in 2 months time to the Philippines. The visa is for 12-month multi-entry and this is only the first 3-month leg. I am seriously concerned about my sponsorship liabilities and obligations. Something that should have been thought out a long time ago I now realise.
Any thoughts would be appreciated by many I expect.
Thanks, Brian
You didn’t specifically agree to support her, Brian. However no doubt your invitation played a part in her getting the visa in the first place. I’d advise you to contact the Department and let them know your relationship is over, and that you will no longer be providing support for her if she chooses to return to Australia.
I sponsured my patner 3 years ago breakdiwn relationship7 months ago hes on a 309 viza they havent granted him permante im fall in love and have got another relationship also pregnate can i apply foe another viza to bring my babys father from oversea
You may only sponsor an applicant for a partner visa when five years have passed since you last sponsored. You still have a long way to go.
Hi, my partner had cheated on me with a son of another. We broke up before she applied for her Permanent residency. She is still on bridging visa now. What happened if we notify the Immigration now? Will she got deported? Can I sponsor another one immediately or does the 5 years period apply to me? Thanks
Gia
If your relationship breaks up you MUST report it to the Department, and they will make a decision. In most cases yes she will have her visa cancelled and will need to leave. And yes, the five year ban will apply to you.
My wife had her 100 visa granted three days ago, but tonight she left her computer on with messenger open. I know it’s bad to read it but I’m only human! The sad part is I can read russian more then my wife thinks I can and I read a discussion where her and a friend are discussing her getting visa and her friend asks if she will leave me! She replied no not yet it would make a scandle and she needs to wait and make it look like I created a fired then leave me!
Very sorry to hear that, Ian.
Hi I sponsor my daughter to come to aus. She is now twenty 20yrs old . Her visa was granted March but she came here in July
Can I withdraw my sponsorship as our relationship broke down.
You want to cancel the visa of your daughter? Never heard of this happening before. Is this a child visa? Subclass 101? Or something else?
Due to family connections I am supporting financially a woman and her child following a recent breakup of her de facto relationship after 6 years. This woman has permanent residence. Her spouse has a new woman in his life and just asked her to leave. They have some kind of official Government documentation of their de facto relationship.
The problem is the male spouse has signed support for this woman’s daughter who has disabilities (she is now resident in Australia and has recently received a current no-work Bridging Visa) and her brother due to come to Australia in a month’s time. My question is how would these claims of support and the daughter’s Bridging Visas stand up under this situation where the relationship has broken down. I assume the support for the brother coming here may no longer be valid. Neither party has reported anything to the Immigration Department, Also what responsibility would the spouse have for care of the mother who is currently jobless.
Hi,
My friend registered her de facto relationship with a man that held an sponsorship. He was the main applicant and she was the second one. They broke up but continue gathering evidence until the department made a decision. They just found out that the nomination was refused. They now want to erase the de facto certificate. He is now with another lady – can he now registered as a de facto couple with this new person or must wait 5 years?
If he already applied for a partner visa and it was granted, yes must wait 5 years. That’s an immigration rule!
If you are asking about another Registered Relationship? Sorry, couldn’t tell you. Suggest you ask Births, Deaths and Marriages in your state.
Hi ,I sponsor my husband and he got the visa309 last year , and we start apply for the visa 100 on May . Unfortunately, We had some serious problem last month and we decide to separate , so I send email to immigration department that I decide to withdraw my sponsorship. But after we solve things out we are together now, what should we do to continue the application for his visa 100? Thanks for your help.
You should advise the Department that you are still together, and that you wish to continue.
My partner and I have split due to his inability of getting us the documents we needed for the application. He prolonged the process for us. he also manipulated me into thinking that he was going to settle everything for us. It has been 4 months since we logged the application and now I cant do this anymore. He is not the man I met and that pushed for us to apply for this visa. I’ve been manipulated, lied to, belittled and the stress I have carried is unbearable. He has no emotions on the matter and lied to me about the debt that he has piled up. I’m emotionally wrecked. I have family here in Australia as well and now having to leave them and go back to America is unbearable. He has ruined our future plans, has ruined my life and the fact that I cant even get a refund because of this torture he put me through is terrible. Is there a way to get a refund? What are the requirements and with me withdrawing the application, what are my chances of coming back into Australia on another visa?
How do you count the 5 years waiting period from the date of the the first apply or from the date the relationship breakdown
From the date of the sponsorship application
Hi Jeff. How are you today? I need to ask you something about a visa. After the permanent residency is granted is there any impact on it if a couple split very soon afterward (1-2months)?
Thank you!!!
When you have a permanent visa, you are no longer required to be sponsored by a partner. If the relationship ends, then this is not a problem. Just be aware that you must tell the Department if your relationship ends before the visa grant. That’s the law.