Partner Visa Sponsor Obligations After Grant

Partner visa sponsor obligations continue after the visa is granted. When the Department grants a Subclass 820 or Subclass 309 visa, the sponsor's role does not stop. Partner visa sponsor obligations cover support with accommodation and living costs during an initial period, living as a genuine couple, and taking part in the permanent stage assessment.

This guide explains what the sponsor has actually agreed to, what the Department expects between the temporary visa and the permanent Subclass 801 or Subclass 100 visa, how to tell the Department about changes, and what happens if the relationship ends or the sponsor dies. It also explains what does not become an obligation, because many sponsors and applicants believe the sponsor has powers that the law does not give. For the wider picture, read our complete guide to partner visas in Australia. For advice on your own situation, our partner visa lawyers can review your file before anything is sent to the Department.

This article deals with life after the visa is granted. If you are still deciding whether to sponsor, start with who can sponsor a partner visa and the documents a sponsor needs to provide.

What are partner visa sponsor obligations after the visa is granted?

Partner visa sponsor obligations after grant are the commitments the sponsor made to the Department when lodging the sponsorship, together with the role the sponsor continues to play until the permanent visa is decided. In practical terms, the sponsor is expected to help with adequate accommodation and reasonable living needs during an initial period if the applicant cannot meet them, to remain in a genuine and continuing relationship with the applicant if the permanent visa is to be granted on the standard basis, and to cooperate with the Department at the permanent stage.

Partner visa sponsor obligations are not a contract that the applicant can sue on, and they are not a set of controls over the applicant. They are part of the framework the Department uses to decide whether to approve the sponsorship and then whether to grant the permanent visa. Understanding that distinction answers most of the questions sponsors and applicants ask.

The two-stage structure matters here. Onshore applicants apply once for both the Subclass 820 visa and the Subclass 801 visa. Offshore applicants apply once for both the Subclass 309 visa and the Subclass 100 visa. Our guide to the partner visa two-stage process explains how the stages connect, and the article on temporary versus permanent partner visas explains what each stage gives you.

Where partner visa sponsor obligations come from

Partner visa sponsor obligations come from the sponsorship itself. A partner sponsor lodges the online "Sponsorship for a partner to migrate to Australia" in ImmiAccount. The paper version of that form is Form 40SP. In the sponsorship, the sponsor gives personal details, relationship information and an undertaking to the Department.

The sponsorship is not a separate application with its own decision letter. Departmental policy states that the approval of a partner sponsor is a component of the decision to grant or refuse the visa itself. At the time the temporary visa is decided, the sponsorship must be approved and must remain in force. For the Subclass 820 visa, that requirement is in subclause 820.221(4) of the Migration Regulations 1994. For the Subclass 309 visa, it is in subclause 309.222(1). If the sponsorship is not approved, the visa must be refused, as our page on what happens if a partner's sponsorship is refused explains.

The sponsorship also carries forward. For the Subclass 801 visa, the "sponsoring partner" is defined in clause 801.111 as the Australian citizen, Australian permanent resident or eligible New Zealand citizen who was specified in the Subclass 820 application as the applicant's spouse or de facto partner. Departmental policy describes this as linking Subclass 801 eligibility back to the Subclass 820 visa: the relationship that supports the permanent visa must be the same relationship that led to the temporary grant. The Subclass 100 visa works in the same way for the sponsoring partner named in the Subclass 309 application. This is why partner visa sponsor obligations do not stop at the first grant.

Sponsorship limitations are a separate question

Before approving any sponsorship, the Department also applies the sponsorship limitations in Division 1.4B of the Migration Regulations. These limit how many partners a person may sponsor and how soon. They are explained on our partner visa sponsorship limitations page and in our article on when a sponsor cannot sponsor a partner visa. They sit alongside partner visa sponsor obligations after grant, because the current sponsorship counts against the sponsor in any future application.

Accommodation and financial support during the initial period

The core of partner visa sponsor obligations is support. Under the undertaking, the sponsor agrees to make sure adequate accommodation is available for the applicant and to provide financial assistance as required to meet the applicant's reasonable living needs during an initial period after arrival in Australia, or after visa grant if the applicant is already in Australia, if the applicant cannot meet those needs from their own resources.

The Department's sponsorship materials explain the reason for this. Sponsors of applicants for permanent visas are expected to assist with accommodation and financial support because the Australian community expects that new migrants should not become a burden on the wider community. The undertaking does not require the sponsor to pay for everything. It requires the sponsor to make sure the applicant has a place to live and enough support to meet reasonable needs while the applicant settles in.

The length of the initial period that partner visa sponsor obligations cover is stated in the undertaking the sponsor signs. The sponsor should keep a copy of the sponsorship as lodged, because it records exactly what was agreed. If you cannot find it, our guide to downloading a partner visa application copy from ImmiAccount explains how to retrieve lodged material.

What support looks like in practice

For most couples, partner visa sponsor obligations about support are met naturally. The couple live together, share costs and support each other in the ordinary way. The sponsor is not expected to keep receipts showing that every expense was paid. What matters is that the applicant had somewhere to live and was not left without support during the initial period.

New arrivals often have limited access to some government payments in their first years as permanent residents. That is one reason the undertaking exists. Our guide to partner visas and Centrelink explains eligibility and waiting periods. Sponsors who receive Centrelink payments themselves can still sponsor in many cases, as our page on whether a sponsor on Centrelink can get help from a lawyer explains.

There is no fixed income test for partner sponsors

Partner visa sponsor obligations do not include a fixed minimum income. The Department does not publish a salary figure that a partner sponsor must earn. Our answer to whether a sponsor needs a minimum income for a partner visa explains this further. The practical question is whether the household can meet the applicant's reasonable needs. Where both partners work, support often flows both ways, and that is normal evidence of the financial aspects of the relationship.

Partner visa sponsor obligations after the temporary visa is granted

After the Subclass 820 or Subclass 309 visa is granted, partner visa sponsor obligations shift from paperwork to daily life. The temporary visa is a stage, not the end. For the permanent visa to be granted on the standard basis, the couple must still be in a genuine and continuing relationship when the permanent visa is decided, and generally at least 2 years must have passed since the combined application was made.

That means the most important thing a sponsor does after the temporary grant is simple: continue the relationship as a real shared life. The four aspects of the relationship that the Department assessed at the first stage, namely the financial aspects, the nature of the household, the social aspects and the nature of the commitment, will be assessed again at the second stage.

After a Subclass 820 visa is granted

For onshore couples, the Subclass 820 grant usually changes little at home. The applicant now holds a temporary partner visa with work and study rights, and the couple carry on with their lives. Our article on partner visa conditions, rights and obligations explains what the temporary visa allows. Sponsors should keep living together where possible, keep finances visibly connected, and keep evidence of the relationship as it grows. Our guide to partner visa household evidence and the article on joint bank account evidence explain what to keep.

If the sponsor needs to spend time overseas for work or family, that does not automatically breach partner visa sponsor obligations. Our answer on whether a sponsor can live overseas while a Subclass 820 application is processed and our guide to living apart for work explain how time apart is assessed.

After a Subclass 309 visa is granted

For offshore couples, the Subclass 309 grant is when partner visa sponsor obligations about accommodation and support become real. The applicant may be arriving in Australia for the first time to live permanently. The sponsor should have the home ready, help the applicant open accounts, enrol in Medicare where eligible, and find their way around. The applicant must also make the first entry by the date stated in the grant notice, which our guide to the partner visa first entry deadline explains.

Some Subclass 309 holders do not move to Australia straight away. That can create questions at the Subclass 100 stage. Our answer on whether you need to live in Australia after your partner visa is granted explains the position, and our guide to partner visa overseas travel covers trips during the waiting period.

The sponsor's role at the permanent stage

The sponsor plays a central role at the permanent Subclass 801 or Subclass 100 stage, because the Department makes a fresh assessment of whether the relationship is continuing. Departmental policy for the Subclass 801 visa says the assessment is based on the evidence before the decision maker at the time of decision, may be made on documents provided by the applicant and the sponsoring partner, and may require further investigation, such as interviewing both partners.

Partner visa sponsor obligations at this stage are practical. The sponsor should expect to provide updated evidence of the relationship, may be asked for further information, and may be asked to attend an interview. Our guide to Subclass 820 and Subclass 801 and the answer on the difference between the Subclass 309 and Subclass 100 visas explain the stages. Our answer on when you can apply for the Subclass 801 permanent partner visa explains timing, and the guide to the permanent partner visa explains what the grant gives the applicant.

When the permanent stage starts

Departmental policy for the Subclass 801 visa states that, near the end of the two-year period, about 22 months after the combined application was made, the Department sends a reminder email to the applicant's nominated email address. The email tells the applicant that they can be considered for the permanent visa and invites them to upload information through ImmiAccount. No new application or charge is needed for the standard second stage, as our answer on whether the permanent stage is included in the application charge explains.

Some couples can be considered for the permanent visa earlier. Where the couple were in a long-term partner relationship when the application was made, the permanent visa can be granted without the usual waiting period. Our article on the partner visa double grant and the answer on getting the Subclass 801 straight away explain the long-term relationship rules.

Updated evidence from the sponsor

At this stage, partner visa sponsor obligations are mostly about evidence. The permanent stage needs current evidence. Our guide to partner visa second stage documents and our answer on documents for the Subclass 801 second stage list the material usually provided. Typically this includes evidence of the shared household, joint finances, social life together and future plans since the temporary visa was granted. Many sponsors also provide an updated personal statement about the relationship. Our article on future plans in a relationship statement explains how to describe commitment.

Updated Form 888 statements are also common at this stage. These are statements from Australian citizens, permanent residents or eligible New Zealand citizens who know the couple. Our guides on Form 888 witness statements and how many Form 888 statements you need explain what works. Partner visa sponsor obligations do not require the sponsor to write a Form 888 statement, because the sponsor is a party to the relationship, but the sponsor will usually help identify suitable witnesses.

Further police certificates

The sponsor may be asked for police certificates again. Under regulation 1.20KC, a request for police checks relating to the sponsor is made to the sponsor, not to the applicant. Departmental policy says second and later requests for sponsor police checks should be limited to cases where the decision maker has sufficient reason to believe the sponsor may have been convicted of, or charged with, a relevant offence since the first check. The applicant, on the other hand, will often need updated police certificates for the permanent visa. Our guides on expired police checks, the AFP police check and how long police certificates are valid explain the timing.

If the sponsor has acquired a criminal record since the first stage, legal advice is important before anything is uploaded. Our answers on a sponsor with a criminal record and on the partner visa character requirements explain the issues.

Interviews at the permanent stage

The Department may interview the applicant, the sponsor or both at the permanent stage. The interview tests whether the relationship is continuing and whether the partners' accounts match. Our guide to partner visa interview questions explains what is usually asked. Partner visa sponsor obligations include taking part honestly. A sponsor who refuses to engage at this stage can leave the decision maker without the evidence needed to be satisfied about the relationship.

Telling the Department about changes

Telling the Department about changes is an important part of partner visa sponsor obligations, but the duties fall on different people. The applicant has a legal duty to report certain changes in circumstances while the application is being processed. The sponsor has a practical role in telling the Department if the sponsorship is withdrawn or the relationship ends.

Changes the applicant reports

The applicant should report changes such as a new address, a new passport, a new job or the birth of a child. Our guides to Form 1022 for partner visas, change of address and change of circumstances in the relationship explain what to report and how. Departmental policy for the Subclass 801 visa also stresses that the applicant must keep contact details up to date, because the permanent stage reminder and any requests are sent to the nominated email address. Reporting these changes is the applicant's duty, but partner visa sponsor obligations mean the sponsor should help keep the information consistent across both partners' records.

Withdrawing sponsorship and relationship cessation

The Department's partner visa information states that a sponsor can withdraw sponsorship at any time before the permanent partner visa application is decided. It also states that, if the relationship ends, a "Notification of Relationship Cessation" form can be completed in the "Update Details" tab of ImmiAccount. This is the step most sponsors take when a relationship has genuinely ended.

A sponsor considering this step should understand its effect. Withdrawal tells the Department that the sponsor no longer supports the application. It does not automatically decide the application, and it does not cancel any visa the applicant already holds. The applicant may still be able to continue on another basis, as explained below. Our answers on whether a sponsor can withdraw sponsorship after the applicant applies and what happens if a sponsor withdraws but the couple reconcile explain both sides.

A sponsor should never use withdrawal as a threat. Statements to the Department must be true, and departmental policy on family violence notes that the date the Department was told the relationship ended, including through withdrawal of sponsorship, can become relevant evidence. If the relationship has not ended, do not tell the Department that it has.

Partner visa sponsor obligations when the relationship is under strain

Not every difficulty means a relationship has ended. Partner visa sponsor obligations do not require a perfect relationship, and nothing in partner visa sponsor obligations requires either partner to stay in a violent relationship. Couples argue, spend time apart, and go through hard periods. The legal question at the permanent stage is whether the couple are still in a genuine and continuing relationship and do not live separately and apart on a permanent basis.

A short separation followed by reconciliation does not necessarily end the relationship in law. Our guides to temporary separation and repeated separations explain how the Department looks at these periods. Our guide to a partner visa without living together explains how couples who live apart for good reasons can still qualify.

Where a separation is genuine and permanent, the position changes. Our articles on partner visa relationship breakdown and what happens to a Subclass 820 application if the relationship breaks down explain what follows. Our answer on whether to talk to a lawyer after separating during processing explains why early advice matters.

What happens when the relationship ends before the permanent visa

When the relationship ends before the permanent visa is decided, the applicant cannot usually be granted the Subclass 801 or Subclass 100 visa on the standard basis. However, the law provides other pathways in three situations: where there was family violence by the sponsor, where there is a child of the relationship with formal custody, access or maintenance arrangements, and where the sponsor has died. In each case, the applicant must show that the couple were in a genuine partner relationship until it ended.

These provisions mean that partner visa sponsor obligations are not the only thing standing between the applicant and permanent residence. A sponsor's withdrawal does not necessarily end the applicant's pathway. Our answer on what happens if you break up during the partner visa process gives a short overview.

Family violence

For the Subclass 801 visa, subparagraph 801.221(6)(c)(i) of the Migration Regulations applies where the relationship has ceased and the applicant, or a dependent child of the applicant or of the sponsor or of both, has suffered family violence committed by the sponsor. Departmental policy states that there is no requirement for a cause-and-effect link between the family violence and the end of the relationship, but the family violence, or part of it, must have occurred while the relationship existed. Subclauses 100.221(4) and 100.221(4C) contain the equivalent pathway for the Subclass 100 visa. An applicant who meets these provisions does not need to wait two years.

Family violence is assessed under Division 1.5 of the Migration Regulations. Our family violence partner visa lawyers page explains how these claims are prepared, and our guides on partner visa family violence options, family violence evidence and family violence after separation cover the detail. Our answer on whether emotional, financial or psychological abuse can count as family violence addresses a common question. If you are in immediate danger, call 000.

Children of the relationship

For the Subclass 801 visa, subparagraph 801.221(6)(c)(ii) applies where the relationship has ceased and the applicant has custody, joint custody or access rights in relation to a child, and the sponsor has custody or access rights, or maintenance obligations, in relation to that child. Subclauses 100.221(4) and 100.221(4C) contain the equivalent provisions for the Subclass 100 visa, which refer to orders and obligations under the Family Law Act 1975 and any other formal maintenance obligation.

Having a child together is not enough on its own. The provisions depend on the formal arrangements for the child. Our answers on whether having a child together helps a partner visa and on help where a couple have a child together but have separated explain the practical position.

When the sponsor dies

When a sponsor dies, partner visa sponsor obligations end, but the applicant's pathway does not necessarily end. For the Subclass 801 visa, subclause 801.221(5) applies where the sponsor has died since the applicant was granted the Subclass 820 visa. The applicant must show they would have continued to be the sponsor's spouse or de facto partner if the sponsor had not died, and must provide the original or a certified copy of the death certificate. These applicants are not required to wait two years. Subclauses 100.221(3) and 100.221(4B) cover the Subclass 100 visa where the sponsoring partner dies before the permanent visa is decided. Our guide to a partner visa after a partner's death and our answer on what happens if a sponsor dies explain the evidence needed.

What Tribunal decisions show about withdrawn sponsorship and ended relationships

Published Tribunal decisions show that the end of a relationship, or the withdrawal of sponsorship, does not always end the applicant's case. The decisions below were remitted, which means the Tribunal sent the matter back to the Department for reconsideration. A remittal is not a visa grant, and each decision turned on its own facts.

• Phan (Migration) [2020] AATA 513. A Subclass 820 matter in which the relationship had ceased and the sponsorship was withdrawn, and which involved a child of the relationship and confirmation of biological parentage.
• Rafique (Migration) [2020] AATA 1827. A Subclass 820 matter involving withdrawal of sponsorship, a relationship that had ceased, a child from that relationship and a valid marriage.
• Haikin (Migration) [2019] AATA 3241. A Subclass 820 matter in which the sponsorship was withdrawn, the relationship with the sponsor had ceased and the applicant was a family violence victim.
• Mulungu (Migration) [2020] AATA 1815. A Subclass 820 matter involving a valid marriage, a marriage certificate, a sponsor who had passed away, and an applicant who was the sole beneficiary of the sponsor's will.

These decisions illustrate one point clearly. Partner visa sponsor obligations and the sponsor's decisions matter, but the law recognises that relationships end through violence, separation with children, and death. An applicant in those circumstances should get advice before assuming the case is over. Our answers on whether a review can continue if the couple separate and whether a remittal means the visa will be granted explain the review side.

What does not become a partner visa sponsor obligation

Partner visa sponsor obligations are narrower than many people think. The sponsor's commitments are about support and the genuineness of the relationship. They do not give the sponsor control over the applicant's visa, their movements or their life.

The sponsor cannot cancel the visa

No. A sponsor has no legal power to cancel a temporary or permanent partner visa. Only the Department, acting under the Migration Act 1958, can cancel a visa, and only on grounds the law allows. A sponsor can tell the Department that the relationship has ended or withdraw sponsorship before the permanent visa is decided, but that is information, not a decision. Our answer on whether a permanent partner visa can be cancelled explains the grounds that actually apply, and our guide to responding to a partner visa cancellation notice explains the process if the Department raises concerns.

Withdrawal has no effect after the permanent visa is granted

The Department's information is clear that the sponsor can withdraw sponsorship any time before the permanent visa is decided. Once the Subclass 801 or Subclass 100 visa has been granted, there is nothing left to withdraw. The permanent visa does not depend on the relationship continuing afterwards. Our answer on what happens to a spouse visa if the couple divorce after it is granted explains this, and our article on partner visa after divorce covers related questions.

That said, a permanent visa obtained through false or misleading information can be at risk. The protection comes from telling the truth throughout, not from the sponsor's goodwill.

The sponsor does not control the applicant's daily life

Partner visa sponsor obligations do not entitle the sponsor to hold the applicant's passport, control the applicant's money or restrict their work or contact with others. Conduct of that kind can itself amount to family violence. Our answer on what an applicant can do if the sponsor is abusive explains where to start.

There is no obligation to stay in an unsafe relationship

Neither partner is legally required to remain in a relationship. Partner visa sponsor obligations do not oblige a sponsor to stay, and the applicant is never required to stay with a violent partner to keep a visa pathway. The family violence provisions exist for exactly this reason.

Partner visa sponsor obligations after the permanent visa is granted

After the permanent visa is granted, partner visa sponsor obligations shrink to what remains of the initial support period in the sponsorship undertaking. The applicant becomes a permanent resident and their visa no longer depends on the sponsor. The sponsor's assistance with accommodation and living needs, where the applicant needs it, continues only until the end of the period stated in the undertaking. Our answer on whether a partner visa is permanent residency and our guide to the partner visa citizenship pathway explain what the applicant can do next.

For couples who remain together, the end of partner visa sponsor obligations changes nothing at home. For couples who later separate, the permanent visa is not affected by the separation itself. Any later issues are about the applicant's own conduct and honesty, not the sponsor's wishes.

Sponsoring again: limitations that follow the sponsor

Partner visa sponsor obligations end, but the record of the sponsorship stays. Regulation 1.20J of the Migration Regulations limits a person to two approved partner or fiancé sponsorships, and prevents a further sponsorship until 5 years after the first earlier visa application. A person who was themselves sponsored as a partner cannot sponsor a new partner until 5 years after their own visa application. The limitation can be waived where there are compelling circumstances affecting the sponsor.

This matters both to sponsors who later separate and to applicants who become permanent residents. Our answers on sponsoring more than one partner, on sponsoring a new partner after being sponsored yourself and on help where a sponsor has sponsored a partner before explain the rules, and our page on challenging a refusal involving sponsorship limitations covers what happens if a limitation is applied wrongly.

Second stage refusals and review

If the Department refuses the permanent visa, the applicant may be able to seek review by the Administrative Review Tribunal. The ART replaced the Administrative Appeals Tribunal on 14 October 2024. The application for review must be made within 28 days after notification of the decision, and that time limit cannot be extended. The migration review application fee is AUD 3,727 at the time of writing, with a 50 per cent reduction available in cases of severe financial hardship.

Our guide to a partner visa second stage refusal, our answer on what happens to the Subclass 820 visa and the right to stay after a Subclass 801 refusal, and the guide to the partner visa ART review process explain the steps. Our partner visa refusals page explains how My Migration Lawyers approaches review work, and the visa refusals page covers refusals more broadly.

Common mistakes sponsors make after the visa is granted

The same mistakes appear repeatedly in permanent stage files where partner visa sponsor obligations were misunderstood.

The first is stopping evidence collection after the temporary grant. The permanent stage is a fresh assessment, and two years of silence is hard to explain. Our guide to evidence after lodgement and to ImmiAccount uploads explains how to keep the file current.

The second is withdrawing sponsorship in anger during a temporary separation, then reconciling. That can create a record that later needs careful explanation. The third is a sponsor assuming they can "take back" a permanent visa. They cannot. The fourth is failing to tell the Department about genuine changes, such as a new address, which can mean the permanent stage reminder goes unanswered. The fifth is treating a refusal as final without checking review rights within the time limit. Our answers on whether a sponsor can be changed during an application and on processing delays deal with two other common concerns.

How My Migration Lawyers helps with partner visa sponsor obligations

My Migration Lawyers advises sponsors and applicants on partner visa sponsor obligations from the temporary grant through to the permanent visa. The firm deals with complex partner visa cases and acts in many matters of this exact type, including couples preparing for the Subclass 801 or Subclass 100 stage, sponsors unsure about what they have committed to, applicants whose relationship has ended, and families dealing with the death of a sponsor. It is capable of handling these matters with care, including where family violence or children are involved.

The work in a matter about partner visa sponsor obligations usually includes:

• Reviewing the file. Checking the lodged sponsorship, the temporary grant and the visa history, which the firm obtains itself from Department records and VEVO, so that nothing in the permanent stage contradicts what was lodged.
• Explaining the obligations. Telling the sponsor plainly what the undertaking requires, what it does not require, and how long it lasts.
• Preparing the permanent stage. Selecting updated evidence of the four aspects of the relationship, advising on Form 888 statements and preparing both partners for any interview.
• Managing police and character issues. Advising before any updated police certificate or criminal history is provided.
• Acting when the relationship ends. Advising the applicant on the family violence, child of the relationship and sponsor death pathways, and presenting the applicant's own account and evidence in the form the law requires.
• Advising sponsors on withdrawal. Explaining the effect of withdrawal and the Notification of Relationship Cessation before the sponsor takes either step.
• Review. Applying to the ART within time if the permanent visa is refused, and presenting the case at hearing.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers and our work as immigration lawyers in Australia. Our articles on the partner visa second stage lawyer, complex partner visa work and what to expect at a partner visa lawyer consultation explain how we work, and our answers on help with the Subclass 801 permanent stage and the Subclass 100 permanent stage explain the second stage in particular. Our Partner Visa Questions hub answers many other common questions. We act for couples across Australia, including through our partner visa lawyers in Sydney, Melbourne, Brisbane and Perth.

Partner visa sponsor obligations are easier to meet when both partners understand them early. Book a consultation with My Migration Lawyers online, or call 1300 040 300.