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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. 

 

Sponsorship withdrawal. What happens to the visa applicant when the sponsor withdraws from an Australian partner visa application?

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:

  1. We can show the Department that the relationship would have continued had the sponsor not died, and;
  2. 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!  

 

Free online visa assessment form from Down Under Visa

 

Jeff Harvie is a Registered Migration Agent from Australia, but resident in Philippines since 2010 with his Filipina wife Mila and large extended family. Experienced with the Philippines culture, cross-cultural relationships and bureaucracy as well as Australian visas and Australian Migration Law, he writes with authority and fortunately with enough informality and humour that the average Aussie gets it!

 

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22 Comments

  1. Mike Tummon

    What’s the status of the visa holder who has temporary residency granted and their relationship breaks down.

    Reply
    • Jeff Harvie

      Please read the article, Mike. It answers your question.

      Reply
  2. Michelle Kambwili

    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?

    Reply
    • Jeff Harvie

      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.

      Reply
  3. Marc

    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.

    Reply
    • Jeff Harvie

      You need to talk to them about this. Both of you!

      Reply
      • Julia

        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?

        Reply
        • Jeff Harvie

          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.

          Reply
          • Julia

            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.

          • Jeff Harvie

            If her employer sponsored her then she would be in Australia on a different type of visa (from what you tell me).

  4. Azize

    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.

    Reply
    • Jeff Harvie

      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

      Reply
  5. David Ipam

    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?

    Reply
    • Jeff Harvie

      Sorry but I can’t get involved in this

      Reply
  6. Brett

    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

    Reply
    • Jeff Harvie

      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.

      Reply
      • Brett

        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

        Reply
        • Jeff Harvie

          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

          Reply
  7. sri

    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.

    Reply
    • Jeff Harvie

      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.

      Reply

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