Partner Visa Sponsor Whose PR Is Under Cancellation

A partner visa sponsor PR cancellation notice puts two visas at risk at once: the sponsor's own permanent visa and the partner visa that depends on it. If the sponsor's permanent residence is cancelled before the partner visa is decided, the sponsorship usually fails and the partner visa can be refused. A partner visa sponsor PR cancellation threat must therefore be treated as a threat to both visas from the first day.

This guide is written for couples who have just received a notice, or whose sponsor's visa has recently been cancelled, and who still have time to act. It explains who can sponsor a partner, which cancellation powers the Department of Home Affairs uses, how the two matters affect each other, what the deadlines are, what happens to the applicant's bridging visa, and what happens if the sponsor's cancellation is set aside on review. For the full partner visa framework, read our complete guide to partner visas in Australia. For urgent advice on both matters together, speak with our partner visa lawyers and our visa cancellation lawyers.

What happens to a partner visa when the sponsor's PR is under cancellation?

A partner visa application can continue while the sponsor's PR is only under consideration for cancellation, because the sponsor remains a permanent resident until a cancellation decision is actually made. The danger arises if the cancellation takes effect before the partner visa is decided. At that point the sponsor is no longer an Australian permanent resident, and the sponsorship that the partner visa relies on cannot remain approved.

In a partner visa sponsor PR cancellation case, there are usually three stages. First, the sponsor receives a notice of intention to consider cancellation, or is told that their visa has been cancelled. Second, the sponsor responds, or seeks review or revocation of the decision. Third, the outcome of the sponsor's matter feeds directly into the partner visa decision. Every step taken in the sponsor's matter affects the partner matter.

The practical rule in a partner visa sponsor PR cancellation case is simple. The best protection for the partner visa is a strong, well prepared response in the sponsor's cancellation matter, and prompt review if a cancellation decision is made. The partner visa cannot be saved by evidence about the relationship alone if the sponsor no longer has the status the law requires.

A notice is not a cancellation

A notice of intention to consider cancellation is not a cancellation. It is an invitation to explain why the visa should not be cancelled. The sponsor's permanent visa stays in effect while the Department considers the response. This matters because many couples panic and assume the partner visa is already lost. It is not. A partner visa sponsor PR cancellation notice is the moment to act, not the moment to give up.

Who can be a partner visa sponsor?

A partner visa sponsor must be the applicant's spouse or de facto partner, aged 18 or over, and an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The Department's policy for the Subclass 820 visa and the Subclass 309 visa states this requirement in the same terms. Our FAQ on who can sponsor a partner visa explains it in more detail.

An Australian permanent resident is a person who holds a permanent visa. That includes people who hold a permanent skilled, family, employer sponsored or humanitarian visa, and people who hold a Subclass 155 resident return visa. Because a permanent visa can be cancelled, a permanent resident sponsor carries a risk that an Australian citizen sponsor does not. A partner visa sponsor PR cancellation case arises only where the sponsor is a permanent resident, not a citizen. Our FAQs on proving a sponsor is an Australian citizen, on whether a temporary visa holder can sponsor a partner and on whether a New Zealand citizen can sponsor a partner cover the other categories.

When does the sponsor's status matter?

In a partner visa sponsor PR cancellation case, the sponsor's status matters at two points: when the application is made and when it is decided. At the time of application, the applicant must be sponsored by a spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen. At the time of decision, the sponsorship must be approved by the Minister and remain in force. For the Subclass 820 visa, that time of decision rule is in subclause 820.221(4). For the Subclass 309 visa, it is in subclause 309.222(1).

The Department's policy also explains that approval of a partner sponsorship is not a separate decision. It is part of the decision to grant or refuse the visa itself, and where a sponsorship is not approved, the visa must be refused. That is why a partner visa sponsor PR cancellation problem goes straight to the heart of the partner application. If the sponsorship cannot be approved, there is no partner visa.

The time of application point is usually already met. The sponsor was a permanent resident when the partner visa was lodged. The difficulty is the time of decision point. A partner visa sponsor PR cancellation that takes effect while the application is still pending can mean that, by the time the Department decides, the sponsor no longer has the status needed for the sponsorship to be approved. Our page on partner visa sponsorship limitations and our FAQ on what happens if a partner's sponsorship is refused explain how sponsorship decisions sit inside the visa decision.

Partner visa sponsor PR cancellation: the powers the Department uses

The Department can cancel a permanent visa under several different powers in the Migration Act 1958, and the power used decides the process, the deadlines and the review rights. In a partner visa sponsor PR cancellation case, identifying the power is the first thing a lawyer does when reading the notice.

Section 109: incorrect information

Section 109 allows a visa to be cancelled where the holder gave incorrect information or did not comply with the information obligations in sections 101 to 105 of the Act. These cases often arise years after grant. A typical example is an earlier visa application that did not disclose a previous relationship, a child, a conviction or a previous visa refusal. The sponsor is invited to respond before any decision is made.

Section 116: general cancellation grounds

Section 116 contains general cancellation grounds. They include that the visa was granted on the basis of a fact or circumstance that no longer exists or never existed, that the holder did not comply with a visa condition, that the holder's presence is or may be a risk to the health, safety or good order of the Australian community, that the visa should not have been granted because the application or the grant contravened the law, and other prescribed grounds. The Act limits how some of these grounds apply to permanent visa holders, so the exact ground relied on must be checked carefully.

Section 501: character

Section 501 is the character power. A visa may be cancelled if the holder does not pass the character test, for example because of a substantial criminal record or other conduct. Some section 501 cancellations are discretionary and follow a notice of intention to consider cancellation. Others are mandatory under section 501(3A), which applies to certain people serving a full time sentence of imprisonment who have a substantial criminal record or have committed certain sexual offences involving a child. A mandatory cancellation happens without a prior notice. The holder may then ask for the cancellation to be revoked under section 501CA. Our guides to partner visas and section 501 and to the partner visa character requirements explain the character test.

Lei (Migration) [2024] AATA 1166, discussed later in this guide, involved a sponsor whose resident return visa was cancelled after a criminal conviction. That shows how a partner visa sponsor PR cancellation can arise from the sponsor's own criminal history, even where the relationship itself is genuine.

What if the sponsor's PR is cancelled before the partner visa is decided?

If the sponsor's permanent visa is cancelled before the partner visa decision, the sponsor is no longer an Australian permanent resident, the sponsorship cannot remain approved and in force, and the partner visa is likely to be refused unless the cancellation is set aside, revoked or otherwise overcome. In Vispo (Migration) [2023] AATA 694, a Subclass 820 matter, the sponsor's permanent visa was cancelled. The partner visa refusal was later remitted after a differently constituted Tribunal set aside the cancellation of the sponsor's visa.

That decision shows the central point in every partner visa sponsor PR cancellation case. The partner visa outcome follows the sponsor's outcome. If the sponsor's cancellation is overturned, the barrier to the partner visa can fall away. If it is not, the partner visa usually cannot be granted on the basis of that sponsorship.

In a partner visa sponsor PR cancellation matter, a cancellation decision is not always final. It may be reviewable by the Administrative Review Tribunal, it may be subject to a revocation request, and a Tribunal decision may in some cases be challenged by judicial review for legal error. The question for the couple is not whether the cancellation has happened, but what can still be done about it, and how quickly.

Withdrawing or changing the sponsorship does not solve the problem

Some couples ask whether the sponsor should withdraw the sponsorship, or whether another person can sponsor. A sponsor can withdraw a sponsorship before the permanent stage is decided, but withdrawal leaves the applicant without an approved sponsor, and the visa must then be refused. Our FAQs on whether a sponsor can withdraw sponsorship and on changing sponsor during a partner visa application explain the limited situations in which a change is possible. In a partner visa sponsor PR cancellation case, the sponsor is the applicant's partner, and the answer is almost always to fight the cancellation, not to replace the sponsor.

Why the sponsor's cancellation response is critical to the partner application

The sponsor's cancellation response is critical because it is usually the only point at which the partner visa can be protected before the damage is done. Once a cancellation decision is made, the couple are working against a decision rather than preventing one. A partner visa sponsor PR cancellation response that is prepared properly, on time and with full evidence gives the decision maker every reason not to cancel.

In a partner visa sponsor PR cancellation case, the response should do three things. It should answer the ground for cancellation directly, with evidence. It should set out all the reasons the visa should not be cancelled even if a ground exists. And it should explain the consequences of cancellation for the sponsor's partner and family in Australia, including the pending partner visa. The Department's notice will usually invite comment on exactly these matters.

In a section 116 case, for example, the decision maker who finds that a ground exists must still decide whether to cancel, after weighing the reasons for and against cancellation. The Department's own notification form records that a delegate may be satisfied that a ground exists but decide not to cancel because the reasons not to cancel outweigh the reasons for cancellation. That weighing exercise is where the sponsor's relationship, the partner visa application and the effect on the family become highly relevant.

The relationship as a factor in the sponsor's case

In a character case under section 501, the decision maker must follow the ministerial direction that governs visa refusal and cancellation. That direction requires decision makers to consider matters such as the best interests of minor children in Australia and the strength, nature and duration of the person's ties to Australia, including family ties. A genuine spouse or de facto relationship, and a partner who has applied to stay in Australia on the basis of that relationship, is evidence of exactly those ties.

This is why a partner visa sponsor PR cancellation case should never be handled as two unrelated files. The evidence that proves the relationship in the partner application is often the same evidence that shows the sponsor's family ties in the cancellation response. Our guides to partner visa relationship evidence and to the genuine and continuing relationship requirement explain what that evidence looks like.

Coordinating both responses in a partner visa sponsor PR cancellation case

Both responses must be coordinated because the Department holds both files and statements made in one matter are read in the other. A sponsor who describes the relationship one way in a cancellation response, while the partner application describes it differently, creates a credibility problem in both matters at once. In a partner visa sponsor PR cancellation case, consistency is not a matter of style. It is a matter of survival.

The points that must match include the start date of the relationship, when the couple began living together, the date of marriage, periods spent apart, children, financial arrangements, and the history of any earlier relationships. They also include the sponsor's own account of any offending, and the applicant's knowledge of it. If the partner application includes a relationship statement and Form 888 statements, the cancellation response should be checked against them line by line.

Disclosure must be complete and truthful

A sponsor facing cancellation sometimes wants to minimise past conduct. That is a serious mistake. Incorrect information can itself become a ground for refusal or cancellation, and inconsistencies with police records or court documents are easy for the Department to find. The sponsor's response and the partner application must both be truthful and complete. Our guides to incorrect answers in a partner visa application and to undisclosed convictions explain the risks.

The applicant must keep the Department informed

A partner visa applicant has a continuing obligation under section 104 of the Act to tell the Department about changes in circumstances that make an answer in the application incorrect. If the sponsor's status changes, or the couple's living arrangements change because of the cancellation, the applicant should take advice about notifying the Department, usually by Form 1022. Our guide to partner visa change of circumstances explains the process.

Correspondence about the partner visa

While the sponsor's cancellation is pending, the partner visa case officer may send a request for more information under section 56 or a natural justice letter under section 57, inviting comment on the sponsor's status. Those letters must be answered on time and consistently with the sponsor's matter. Our guides to responding to a section 56 request, the section 57 natural justice letter for a partner visa and common adverse information in a section 57 letter explain how to respond. Our FAQ on the difference between a section 56 request and a section 57 letter sets out the distinction.

Partner visa sponsor PR cancellation deadlines are short and strict

Partner visa sponsor PR cancellation deadlines are short, they run from notification, and many of them cannot be extended. The deadline that applies depends on the power used, where the sponsor is, and what stage the matter has reached. The notice itself states the time allowed. It must be read the day it arrives.

The main deadlines in a partner visa sponsor PR cancellation case are these:

• Response to a notice of intention to consider cancellation. The period is stated in the notice. It is often short, and a late response may not be considered.
• Review of a delegate's section 501 decision about a person in the migration zone. Under section 500(6B), the application to the Administrative Review Tribunal must be lodged within 9 days after the person is notified of the decision. The Tribunal cannot extend that period.
• Review of other reviewable cancellation decisions made while the holder is in Australia. Under section 347(3), an application must generally be made within 28 days after notification, or within 7 days if the person is in immigration detention. That period cannot be extended either.
• Mandatory cancellation under section 501(3A). This decision is not reviewable by the Tribunal. The person may instead ask for revocation under section 501CA within the period stated in the notice, and a delegate's decision not to revoke is reviewable by the Tribunal.
• Judicial review. An application to the court for judicial review of a migration decision must generally be made within 35 days of the decision. The court can extend that time in some cases, but no one should rely on an extension.

A discretionary section 501 cancellation made by a delegate while the person is outside Australia does not carry a right of Tribunal review. That is why a partner visa sponsor PR cancellation that arises while the sponsor is overseas, for example on return travel, needs immediate advice about the remaining options. Our guides to the partner visa appeal deadline and to working out the deadline to apply for review explain how notification dates work.

The applicant's bridging visa during a partner visa sponsor PR cancellation

An onshore partner visa applicant usually holds a bridging visa granted in connection with their own partner visa application, and that bridging visa is generally tied to the applicant's application, not to the sponsor's visa. The applicant can usually remain lawful while the partner visa application is undecided, and while any review of a refusal is pending within time. Our guides to the partner visa bridging visa, Bridging Visa A and bridging visas in Australia explain how these visas work.

Section 140 of the Act provides for consequential cancellation where a visa is cancelled under section 109, 116, 128 or 137J. It applies to a visa held by another person because of being a member of the family unit of the person whose visa was cancelled. A partner visa applicant usually holds their own bridging visa because of their own application, but the visa history of each family member should be checked individually before anyone assumes the applicant is unaffected. Our FAQ on what happens if the applicant's own current visa is cancelled during a partner visa application covers the opposite situation.

If the partner visa is refused because of a partner visa sponsor PR cancellation, the applicant's bridging visa does not end immediately. It continues for a set period after the refusal, and continues further if a valid review application is made in time. Our guides to what happens to a bridging visa after a partner visa refusal and the FAQ on bridging visas when a partner visa is refused explain the timing. An applicant who needs to travel during this period should read our guide to Bridging Visa B for partner visa applicants before booking anything.

The sponsor's own lawful status

A sponsor whose permanent visa is cancelled in Australia becomes an unlawful non-citizen unless they hold another visa. A sponsor who applies for Tribunal review of a cancellation decision may be eligible for a Bridging E visa to remain lawful while the review is decided. A section 501 cancellation also has wider effects, because other visas held by the person, and some visa applications, are deemed cancelled or refused. These consequences are part of the sponsor's matter, but they affect the couple's whole life in Australia, including where they live and whether the sponsor can work.

Sponsor character rules that apply to every partner visa

Separate from any partner visa sponsor PR cancellation, the sponsor of a partner visa must meet character related sponsorship rules of their own. Regulation 1.20KC limits sponsorship by people with convictions for relevant offences, mainly offences involving violence or sexual offending, and allows the Department to approve a sponsorship in some circumstances if it is reasonable to do so. The sponsor must also consent to the disclosure of convictions for relevant offences. Our FAQs on whether you can get a partner visa if your sponsor has a criminal record and on how a lawyer can help when the sponsor has a criminal record explain these rules.

This matters because a sponsor facing section 501 cancellation because of offending may also face a sponsorship assessment under regulation 1.20KC in the partner application. The two assessments are legally different, but they draw on the same criminal history. A partner visa sponsor PR cancellation response should be prepared with both in mind. Police certificates for the sponsor must be current at the time of decision, and our guides to overseas police certificates and the AFP police check explain what is required. Where the sponsor has had a family violence related charge, our guide to a partner visa and a domestic violence charge is also relevant.

What happens if the sponsor's cancellation is set aside on review?

If the sponsor's cancellation is set aside on review, the sponsor's permanent visa is restored and the main barrier to the partner visa can fall away. The precise effect depends on the power that was used. Where a section 109 cancellation is set aside, the Act provides that the visa is taken never to have been cancelled. Where a section 116 cancellation is set aside by the Tribunal, the Department's policy treats the cancellation as having no effect from the date of the Tribunal's decision.

In a partner visa sponsor PR cancellation case, this is why review of the sponsor's cancellation is so valuable. A successful review can restore the status the partner visa needs. If the partner visa was refused in the meantime because the sponsor had lost their status, the restored status becomes a central point in the review of the partner visa refusal.

Timing between the two reviews

In a partner visa sponsor PR cancellation case, the two reviews may run at different speeds. The sponsor's cancellation review may be decided before or after the partner visa review. Each review must be lodged within its own time limit, and neither should be delayed on the assumption that the other will fix the problem. The Tribunal generally decides a partner visa review on the law and facts at the time of its own decision, so a cancellation that has been set aside by then can change the result. Our guide to the ART review process after a refusal explains how a review proceeds.

What Tribunal decisions show about partner visa sponsor PR cancellation

Published Tribunal decisions show that a partner visa refusal linked to the sponsor's cancellation can be remitted once the sponsor's visa is restored. 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 and evidence.

• Vispo (Migration) [2023] AATA 694. A Subclass 820 matter in which the sponsor's permanent visa was cancelled, and a differently constituted Tribunal set aside the cancellation of the sponsor's visa.
• Faba-an (Migration) [2020] AATA 4250. A Subclass 820 matter involving the spouse of an Australian permanent resident who intended to live permanently in Australia, where the sponsor's visa was cancelled but restored.
• Lei (Migration) [2024] AATA 1166. A Subclass 820 matter in which the sponsor's resident return visa was cancelled after a criminal conviction and the cancellation was set aside on review, with a genuine and continuing relationship, one child and a second pregnancy.

These decisions illustrate one consistent lesson. In each partner visa sponsor PR cancellation matter, the partner visa refusal was remitted only after the sponsor's own visa problem was resolved. The sponsor's matter came first. The Tribunal was set up as the Administrative Review Tribunal on 14 October 2024, replacing the Administrative Appeals Tribunal that decided these cases.

If the partner visa is refused because of the sponsor's cancellation

If the partner visa is refused because the sponsor's PR was cancelled, the refusal can usually be reviewed by the Administrative Review Tribunal, and the application for review must generally be made within 28 days after notification of the refusal. That time limit cannot be extended. For an onshore Subclass 820 refusal, the visa applicant applies for review. Our partner visa refusals page and our guides on how to appeal a partner visa refusal and on who can lodge a partner visa appeal explain the process.

The Tribunal review application fee for a migration matter is AUD 3,727 at the time of writing, with a 50 per cent reduction available in cases of severe financial hardship. The Tribunal's fees change, so the current fee should be checked when the application is made.

A partner visa review in a partner visa sponsor PR cancellation case is different from an ordinary relationship refusal. The relationship may not be in dispute at all. The key issue is whether, by the time of the Tribunal's decision, the sponsor again has the status needed for the sponsorship to be approved. The review submission should therefore address the sponsor's cancellation outcome, the relationship evidence, and any other time of decision criteria. Our guides to partner visa appeal submissions, partner visa refused options and what to do after a partner visa refusal explain how to prepare. Our FAQ on the difference between Tribunal review and judicial review explains the next step if the Tribunal affirms a refusal and its decision contains a legal error, and our guide to partner visa judicial review covers that stage.

If the refusal letter has just arrived, the guide on urgent legal help after a partner visa refusal and the FAQ for couples whose Tribunal deadline is close explain what to do first. Our firm also handles urgent visa lodgements where time is short.

Offshore partner applications and sponsors outside Australia

A partner visa sponsor PR cancellation affects an offshore Subclass 309 application in the same basic way, because the sponsorship must be approved and remain in force at the time of decision. Where the sponsor holds a resident return visa, or travels while holding a permanent visa, a cancellation may occur while the sponsor is outside Australia. Review rights in that situation can be narrower, and a discretionary section 501 cancellation made while the person is outside Australia is not reviewable by the Tribunal.

For an offshore partner visa refusal, the rules about who may apply for review are different from onshore cases, and the sponsor has traditionally been the person who applies. The application must be checked carefully against the refusal notice. Our guides to onshore and offshore partner visas and to an Australian living overseas sponsoring a partner explain the offshore pathway. Our FAQ on whether a sponsor can live overseas while a Subclass 820 visa is processed is also relevant.

Does a partner visa sponsor PR cancellation matter at the permanent stage?

Yes, it can. The partner visa process has two stages, and at the permanent Subclass 801 or Subclass 100 stage the applicant must generally continue to be sponsored by the person who sponsored them for the temporary visa. A cancellation of the sponsor's permanent visa during the waiting period should therefore be treated as seriously as one that occurs before the first stage decision. Our guides to temporary and permanent partner visas, Subclass 820 and Subclass 801 and our second stage partner visa lawyer page explain the second stage. Once the applicant holds a permanent partner visa, it is a separate visa that can be cancelled only on its own grounds, as our FAQ on whether a permanent partner visa can be cancelled explains.

Steps to take now in a partner visa sponsor PR cancellation case

The steps to take now are to read the notice, identify the deadline, and get both matters reviewed together before anything is sent to the Department. A partner visa sponsor PR cancellation case is time critical, but it is not hopeless if the couple act within time.

• Find the deadline. Read the notice or decision and write down the date it was received and the period allowed. If the sponsor is in detention, the periods are shorter.
• Identify the power. Check whether the notice refers to section 109, section 116, section 501 or section 501CA. Each has its own process and review rights.
• Gather the sponsor's records. Court documents, sentencing remarks, police records and evidence of rehabilitation are the sponsor's own documents. The Department's records of both visa histories can be obtained by the lawyer.
• Gather relationship and family evidence. Evidence of the relationship, children, care responsibilities and ties to Australia supports both matters.
• Check consistency. Compare what the sponsor will say with what the partner application already says.
• Lodge every review in time. Do not wait for one matter to finish before acting in the other.

Our guides to a partner visa lawyer consultation, a partner visa second opinion and complex partner visa matters explain how to get advice quickly. The Partner Visa Questions centre at our partner visa FAQs answers many related questions.

How My Migration Lawyers helps with a partner visa sponsor PR cancellation

My Migration Lawyers acts for couples in partner visa sponsor PR cancellation matters, where one partner's permanent visa is under threat and the other partner's visa depends on it. The firm deals with complex cancellation and partner visa cases, acts in many matters of this exact type, and is capable of handling both matters together, from the first notice through to Tribunal review and, where a legal error exists, judicial review.

The work in a partner visa sponsor PR cancellation matter usually includes:

• Reading the notice the same day. Identifying the cancellation power, the ground relied on and the exact deadline, and confirming the partner visa's current stage.
• Obtaining the visa histories. Obtaining the sponsor's and the applicant's immigration records from the Department, so that the couple are not asked for documents they do not keep.
• Preparing the sponsor's response. Presenting the sponsor's own account and evidence in the form the law requires, including the relationship, children and family ties in Australia.
• Aligning the partner application. Checking the relationship statement, Form 888 statements and earlier answers against the cancellation response, and advising on any Form 1022 notification.
• Lodging reviews within time. Applying to the Administrative Review Tribunal for review of the cancellation or of a partner visa refusal, and preparing submissions and evidence for hearing.
• Protecting lawful status. Advising on the applicant's bridging visa and on any bridging visa the sponsor needs during review.

The firm's cancellation and character work is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, our visa refusals work, and our guides to partner visas after a visa cancellation, the partner visa cancellation notice, partner visa cancellation review and a partner visa character refusal. We act for couples across Australia, including through our partner visa lawyers in Sydney, Melbourne, Brisbane and Perth.

A partner visa sponsor PR cancellation is best dealt with while there is still time to answer the notice or seek review. Book a consultation with My Migration Lawyers online, or call 1300 040 300.