Partner Visa Sponsor Whose Previous Sponsorship Was Withdrawn

A partner visa sponsor previous sponsorship withdrawn situation arises when an Australian sponsor once supported a partner or fiance visa application, withdrew that support or saw the application withdrawn, and now wants to sponsor a new partner. The partner visa sponsor previous sponsorship withdrawn question is simple to ask: does the withdrawn sponsorship count against the sponsor under regulation 1.20J of the Migration Regulations 1994?

The answer depends on one fact above all others. Did the earlier sponsorship result in the grant of a visa? If no visa was ever granted, the withdrawn sponsorship does not count toward the limits. If a visa was granted before the withdrawal, or was granted later under the family violence, child or death provisions, the earlier sponsorship counts, and the five year rule may apply.

This guide is written for the Australian sponsor. It explains how a withdrawn sponsorship is treated under regulation 1.20J, when the five years start and end, what happens to the former partner after a withdrawal, how the Department finds out about earlier sponsorships, and how a waiver for compelling circumstances is argued. The firm's service page on partner visa sponsorship limitations sets out how My Migration Lawyers assists sponsors caught by these rules, and the wider guide on when a sponsor cannot sponsor a partner visa explains every sponsorship limitation in one place.

Does a withdrawn sponsorship count toward the partner visa sponsor limits?

No, a withdrawn sponsorship does not count toward the partner visa sponsor limits if no visa was ever granted on the basis of that sponsorship. The Department's own instruction on regulation 1.20J says that a previous sponsorship must have resulted in the grant of a visa to count. In a partner visa sponsor previous sponsorship withdrawn case where the earlier application ended before any grant, that earlier sponsorship is not one of the sponsor's two lifetime sponsorships.

The position is different where a visa was granted. Department policy states that the critical factor is visa grant, and that it does not matter what happens after the grant. A sponsor who withdrew support after the first stage visa was granted has still had a sponsorship that resulted in a grant. That sponsorship counts.

There is a third situation that many sponsors do not expect. A sponsor may withdraw support before any grant, and the former partner may still be granted a visa under the provisions that apply when a relationship ends because of family violence, because there is a child of the relationship, or because the sponsor has died. In that partner visa sponsor previous sponsorship withdrawn scenario, the former partner's grant flows from the original sponsorship. The Department's instruction treats a permanent visa granted on family violence grounds as a sponsorship that counts, even though the relationship has ended.

Every partner visa sponsor previous sponsorship withdrawn case therefore needs the full grant history before any advice is given.

The general rules on who can sponsor a partner visa and the partner visa sponsor eligibility requirements still apply in every case. The limitations in regulation 1.20J sit on top of those basic rules.

What does "withdrawn" mean in a partner visa sponsorship?

"Withdrawn" can describe three different events, and each one has a different legal effect. A sponsor facing a partner visa sponsor previous sponsorship withdrawn issue should first identify which of the three happened.

The sponsor withdrew support for the sponsorship

The most common event is that the sponsor told the Department that they no longer supported the application. This usually happens after the relationship breaks down. The Department then treats the sponsorship as no longer in place. For a Subclass 820 applicant, the Department's instruction notes that a delegate cannot simply assume the relationship is continuing where there is evidence to the contrary, and it gives the example of a sponsor who has withdrawn the sponsorship. The firm's answer to whether a sponsor can withdraw their sponsorship after the applicant applies explains the practical steps.

The visa applicant withdrew the visa application

The second event is that the visa applicant withdrew the whole application. This can happen when a couple separates, when the applicant decides to leave Australia, or when the couple plans to lodge again later. Once the application is withdrawn, no visa can be granted on it. The firm's guide on withdrawing a partner visa application and reapplying covers that choice, and the answer on refunds after a withdrawal covers the charges already paid.

The sponsor withdrew after the first stage was granted

The third event is a withdrawal after the temporary Subclass 820 or provisional Subclass 309 visa was granted, but before the permanent Subclass 801 or Subclass 100 visa was decided. In this partner visa sponsor previous sponsorship withdrawn situation, a visa has already been granted on the strength of the sponsorship. The withdrawal affects the second stage, but it cannot reverse the first grant. The partner visa two-stage process explains how the temporary and permanent stages link together, and the comparison of Subclass 820 and Subclass 801 explains what each stage involves.

How does regulation 1.20J count previous sponsorships?

Regulation 1.20J counts a previous sponsorship only where it led to the grant of a visa, and it counts a two-stage partner visa once, not twice. That rule is the foundation of every partner visa sponsor previous sponsorship withdrawn assessment.

Regulation 1.20J contains three limbs:

• Regulation 1.20J(1)(a): a person may have at most two approved partner, spouse, de facto partner or prospective marriage (fiance) sponsorships in a lifetime.
• Regulation 1.20J(1)(b): a sponsor who has sponsored a partner or fiance cannot have another sponsorship approved until at least five years after the previous visa application was made.
• Regulation 1.20J(1)(c): a person who was themselves sponsored as a partner or fiance cannot sponsor a partner until at least five years after their own visa application was made.

Regulation 1.20J(2) then allows the sponsorship to be approved despite those limits where there are compelling circumstances affecting the sponsor. The firm's answer to whether a person can sponsor more than one partner gives a short overview of the limits.

Grant is the critical factor

The Department's instruction lists examples of what counts. A sponsorship counts where the visa was granted but the applicant never travelled to Australia. A sponsorship counts where the visa was cancelled before the applicant entered Australia. A fiance sponsorship counts where the Subclass 300 visa was granted but the marriage never took place. A sponsorship does not count where the visa application connected with it was refused, because the sponsorship must have resulted in the grant of a visa.

A withdrawal sits on the same line. If the withdrawal meant that no visa was ever granted, the sponsorship did not result in a grant, and by the same reasoning it does not count toward regulation 1.20J(1)(a). If a visa was granted at any point on the strength of the sponsorship, the sponsorship counts. A partner visa sponsor previous sponsorship withdrawn file therefore starts with the grant history, not with the date of the withdrawal.

Two-stage visas count once

A sponsor of a two-stage partner visa (Subclass 820 and Subclass 801, or Subclass 309 and Subclass 100) is counted once, not twice. The Department's instruction explains that there is no separate sponsorship approval for the permanent stage. The permanent stage criteria refer back to the sponsor who was approved for the temporary visa. A sponsor who withdrew after the Subclass 820 grant has one counted sponsorship, not two.

The history of "relevant permission"

Regulation 1.20J has been amended several times since it began on 1 November 1996. From 1 January 1998, the regulation has counted every earlier sponsorship that led to the grant of a "relevant permission", which covers permanent and temporary visas and entry permits. Temporary partner visas such as the Subclass 820, Subclass 309 and Subclass 300 therefore count in their own right. Earlier versions of the regulation applied to applications made between 1 November 1996 and 31 December 1997, and the version in force when the current application was made is the one applied. For almost every sponsor today, the current version is the relevant one, and it is the version applied in a modern partner visa sponsor previous sponsorship withdrawn assessment.

What happens when the sponsorship was withdrawn before any visa was granted?

When the sponsorship was withdrawn before any visa was granted, and no visa was later granted to the former partner, the withdrawn sponsorship does not count toward the limits in regulation 1.20J. The sponsor's lifetime count is unaffected, and on the Department's grant-based approach the earlier application should not start the five year period in regulation 1.20J(1)(b).

Consider a sponsor who supported a Subclass 820 application, separated from the applicant eight months later and wrote to the Department to withdraw the sponsorship. The applicant did not raise family violence, there was no child of the relationship, and the Department refused the application. In that partner visa sponsor previous sponsorship withdrawn scenario, no visa was ever granted. The earlier sponsorship sits in the same category as a refused application.

The same applies where the applicant withdrew the entire application before a decision. With no grant, there is nothing to count. A partner visa sponsor previous sponsorship withdrawn in this way is, for counting purposes, treated like a refused application.

That does not mean the earlier file disappears. The Department keeps a record of the earlier sponsorship, and the new sponsorship form asks about it. The earlier file may also contain statements about the relationship, its timing and the reasons it ended. Those records can be relevant to how the new relationship is assessed, even when they have no effect on the count. The guides on partner visa previous relationship history and applying for a partner visa with a new partner after a previous one cover that wider picture.

A sponsor should confirm the outcome before relying on it. Many sponsors know only that they withdrew. They do not always know whether the former partner later raised family violence, gave birth to a child of the relationship, or took the matter to review. A partner visa sponsor previous sponsorship withdrawn assessment that assumes no grant, without checking, is the most common mistake in this area.

Partner visa sponsor previous sponsorship withdrawn: the facts to confirm first

The facts to confirm first are the grant history of the earlier application, the date it was lodged, and whether the former partner is still in Australia. Every partner visa sponsor previous sponsorship withdrawn assessment turns on those three facts. Without them, any advice about the limits is a guess.

A sponsor preparing for advice should try to gather the following information:

• The visa subclass of the earlier application. Was it a Subclass 820 and Subclass 801, a Subclass 309 and Subclass 100, or a Subclass 300 prospective marriage visa? The partner visa guide covering every subclass explains the differences.
• The date the earlier application was lodged. This is the start date for any five year period.
• Whether any visa was granted, and when. A grant of the temporary visa, even one followed by a withdrawal, means the earlier sponsorship counts.
• What the sponsor told the Department, and when. A copy of the withdrawal letter or email is valuable, as is any reply from the Department.
• What happened to the former partner after the withdrawal. Did the former partner leave Australia, stay on a bridging visa, apply for review, or seek a visa under the family violence or child provisions?
• Whether there is a child of the earlier relationship. A child can open a pathway to a visa for the former partner, which can turn a withdrawn sponsorship into a counted one.
• Whether the sponsor was ever sponsored as a partner or fiance. That fact raises regulation 1.20J(1)(c) separately.

In a partner visa sponsor previous sponsorship withdrawn file, the sponsor will often have only some of these facts. That is normal. The missing facts can usually be found through the Department's records. What matters is that the advice is not given until the facts are known. The firm's answer on whether a lawyer can help where the sponsor has sponsored a partner before explains how that review is done, and the partner visa questions hub collects the firm's answers on related issues.

How a withdrawal is notified

A sponsor who withdraws support usually does so in writing to the Department. The applicant, separately, has a duty under section 104 of the Migration Act to tell the Department about changes in circumstances that make an answer on the application incorrect, which includes the end of the relationship. The answers on how to tell Home Affairs the relationship has ended and what happens after a break up during the partner visa process explain those steps, and the guide on Form 1022 for reporting changes explains the applicant's notification form. Where the couple later reconciles, the answer on what happens if the sponsor withdraws but the couple reconciles explains the options.

When does a withdrawn sponsorship still count?

A withdrawn sponsorship still counts whenever a visa was granted on the strength of it, either before the withdrawal or afterwards under the provisions that apply when a relationship ends. This is the point most often misunderstood in a partner visa sponsor previous sponsorship withdrawn matter.

The former partner was granted a visa on family violence grounds

The Migration Regulations allow a partner visa to be granted after the relationship has ended where the applicant, or a dependent child, has suffered family violence committed by the sponsor. For a Subclass 820 applicant whose relationship ended after the application was made, subclause 820.221(3) allows the visa to be granted where the applicant would otherwise have continued to meet the relationship criteria and family violence was committed by the sponsor. The Department's instruction on regulation 1.20J states plainly that a sponsorship counts where the applicant was granted a permanent visa on family violence grounds, because the grant was a result of the original sponsorship.

A sponsor who withdrew support may therefore still have a counted sponsorship, even though the sponsor did not want the visa granted and may dispute the family violence claim. The firm's pages on family violence partner visa claims and the guide to partner visa family violence options explain how these provisions work from the applicant's side. The guide on partner visa family violence after separation explains why a claim can be made after the relationship has already ended.

Several Tribunal decisions in the firm's records show this pattern from the applicant's side. In Haikin (Migration) [2019] AATA 3241, a Subclass 820 matter was remitted (sent back) to the Department where the recorded issues were that the sponsorship was withdrawn, the relationship ceased and the applicant was a family violence victim. In Taylor (Migration) [2024] AATA 945, a Subclass 309 matter was remitted where the recorded issues included the applicant's visa history, previous applications, withdrawal of a previous sponsorship and a claim of family violence. These decisions show that a withdrawal by the sponsor does not end the former partner's path to a visa.

The former partner was granted a visa because of a child of the relationship

Subclause 820.221(3) also allows a Subclass 820 visa to be granted after the relationship has ended where the applicant has custody, joint custody or access to a child of the relationship, or there is a parenting order or a child maintenance obligation on the sponsor under the Family Law Act 1975. The purpose, according to the Department's instruction, is to allow the parent and child relationship to continue.

In Phan (Migration) [2020] AATA 513, a Subclass 820 matter was remitted where the recorded issues were that the relationship ceased, the sponsorship was withdrawn and there was a child of the relationship. In Rafique (Migration) [2020] AATA 1827, a Subclass 820 matter was remitted where the recorded issues were withdrawal of sponsorship, the relationship ceased, a child, and a valid marriage. If the former partner is granted a visa on this basis, the sponsorship that the sponsor withdrew has resulted in a grant. On the Department's grant-based approach, it counts. The firm's answer on partner visas where the couple has a child together but separated and the guide to partner visa child custody and consent explain the applicant's side of this pathway.

The sponsor died before the application was decided

In a partner visa sponsor previous sponsorship withdrawn matter, a withdrawal and a death rarely happen together, but the instruction confirms that a sponsorship counts where the applicant was granted a partner visa because the sponsor died. That rule matters for the person who was sponsored, who is then caught by regulation 1.20J(1)(c) if they later wish to sponsor someone. The firm's guide on partner visas after a partner's death and the answer on what happens if the sponsor dies cover that pathway.

Why this matters to the sponsor

A sponsor in a partner visa sponsor previous sponsorship withdrawn situation cannot assume that the withdrawal closed the earlier file. If the former partner remained in Australia after the separation, it is important to find out whether a visa was later granted. Department policy generally prevents officers from telling the sponsor about the former partner's visa or any family violence claim without the former partner's written consent, so the answer may have to come from other sources. Where it cannot be confirmed, the sponsor should plan on the basis that the sponsorship may count. The timing of the new sponsorship, the need for a waiver submission and the content of the new application all depend on that answer.

What if the sponsor withdrew after the Subclass 820 or Subclass 309 visa was granted?

If the sponsor withdrew after the Subclass 820 or Subclass 309 visa was granted, the earlier sponsorship counts toward regulation 1.20J, and the five year period runs from the date the earlier visa application was made. The withdrawal affects the permanent stage only.

For the permanent Subclass 801 visa, paragraph 801.221(2)(b) generally requires that the applicant continues to be sponsored by the sponsoring partner. A sponsor who withdraws after the Subclass 820 grant usually removes the standard pathway to the Subclass 801. The former partner may still be granted the Subclass 801 under subclause 801.221(6) if the relationship has ceased since the Subclass 820 grant and there was family violence by the sponsor, or there are child custody, access or maintenance arrangements involving the sponsor. Applicants who satisfy subclause 801.221(6) do not need to wait two years before the Subclass 801 is granted. The answers on the difference between the 820 and 801 visas and when a person can apply for the 801 permanent visa explain the timing for applicants.

For the sponsor in a partner visa sponsor previous sponsorship withdrawn matter, none of this changes the count. Whether or not the former partner obtains the permanent visa, the temporary visa was granted. A partner visa sponsor previous sponsorship withdrawn after the first stage is a counted sponsorship. It uses one of the two lifetime sponsorships in regulation 1.20J(1)(a). It also starts the five year period in regulation 1.20J(1)(b) from the date the earlier visa application was made.

Consider a sponsor whose former partner lodged a combined Subclass 820 and Subclass 801 application in March. The Subclass 820 was granted the following year. The relationship ended six months after that and the sponsor withdrew support for the Subclass 801 stage. The earlier sponsorship counts once. The five years run from the March lodgement date, not from the Subclass 820 grant date, not from the separation and not from the withdrawal.

The firm's guides on partner visa sponsor obligations after grant, the partner visa sponsor at the second stage and the partner visa sponsor undertaking explain what the sponsor agreed to when the earlier sponsorship was made.

Partner visa sponsor previous sponsorship withdrawn: how is the five year period calculated?

The five year period is calculated from the date the earlier visa application was made to the date the Department or the Tribunal decides whether to approve the current sponsorship. The Department's instruction says that the date of the original visa application is important and that the date of the sponsorship decision is the critical date.

In a partner visa sponsor previous sponsorship withdrawn matter where the earlier sponsorship counts, the following dates do not start the five years:

• the date the earlier visa was granted;
• the date the earlier sponsorship was approved;
• the date of the marriage or the start of the earlier de facto relationship;
• the date of separation;
• the date the sponsor withdrew support; and
• the date the former partner was granted a permanent visa.

The end point is the date of decision on the new sponsorship, not the date the new application is lodged. Approval of the sponsorship is a time of decision criterion. The Department's own example describes a sponsor whose earlier spouse application was made on 1 January 1994 and whose new Subclass 300 application was made on 1 October 1998, four years and nine months later. The decision was made on 1 March 1999. Because five years had passed by the date of decision, the sponsorship could be approved.

When five years pass during processing or review

Because the test is applied at the time of decision, a limitation that applied at lodgement can fall away later. This is one of the most useful rules for a partner visa sponsor previous sponsorship withdrawn case close to the five year mark. Tribunal decisions in the firm's records show this repeatedly. In Rogers (Migration) [2020] AATA 4743, a Subclass 309 matter was remitted where the recorded issues were that five years had not lapsed since the earlier visa application, that five years elapsed during review, and that the relationship was genuine and continuing. In Da Silva (Migration) [2021] AATA 4909, a Subclass 309 matter was remitted where the application was made less than five years after the previous sponsorship and the limitation period had since passed. In Dang (Migration) [2024] AATA 137, a Subclass 820 matter was remitted where the application was made within five years of the previous sponsorship and five years had since passed.

These decisions matter for a partner visa sponsor previous sponsorship withdrawn case because they show that timing is not fixed at lodgement. A sponsor who is close to the five year mark may not need a waiver at all by the time the decision is made. The firm's answer on how to challenge a refusal involving sponsorship limitations explains how this works at review.

Finding the earlier lodgement date

In a partner visa sponsor previous sponsorship withdrawn case, the earlier lodgement date is often the hardest fact to establish. Many sponsors do not keep copies of the earlier application, especially where the former partner lodged it. The former partner's acknowledgement letter, an ImmiAccount record, correspondence from the Department or a request under the Freedom of Information Act 1982 can confirm the date. The guides on requesting an immigration file through FOI and downloading an application copy from ImmiAccount explain those steps.

Worked examples of partner visa sponsor previous sponsorship withdrawn cases

The worked examples below show how the same word, "withdrawn", can lead to very different results. Each example is hypothetical and simplified. Real cases need the actual dates and records.

Example 1: withdrawal before any decision, application refused

Consider a sponsor who supported a Subclass 309 application lodged in 2023. The couple separated in 2024 and the sponsor withdrew support. The former partner did not enter Australia, made no family violence claim and had no child with the sponsor. The Department refused the application. In this partner visa sponsor previous sponsorship withdrawn example, no visa was granted. The sponsorship does not count toward the lifetime limit. On the Department's grant-based approach, the sponsor is not limited by regulation 1.20J(1)(b) because of that application.

Example 2: withdrawal after the Subclass 820 grant

Consider a sponsor whose former partner lodged a Subclass 820 and Subclass 801 application in June 2022. The Subclass 820 visa was granted in 2023. The relationship ended in 2024 and the sponsor withdrew support for the Subclass 801 stage. In this partner visa sponsor previous sponsorship withdrawn example, the earlier sponsorship counts. The five years run from June 2022. If the sponsor lodges a new sponsorship in 2026, the decision would need to be made on or after the five year anniversary in June 2027, or the sponsor would need a waiver under regulation 1.20J(2).

Example 3: withdrawal before grant, former partner granted on family violence grounds

Consider a sponsor whose former partner lodged a Subclass 820 application in 2022. The couple separated in 2023 and the sponsor withdrew support. The former partner then claimed family violence and was later granted the visa under the family violence provisions. In this partner visa sponsor previous sponsorship withdrawn example, the sponsor's withdrawal did not stop the grant. The sponsorship counts, and the five years run from the 2022 lodgement date. The sponsor may disagree strongly with the family violence finding, but that disagreement does not change the count.

Example 4: withdrawal before grant, former partner granted because of a child

Consider a sponsor whose former partner lodged a Subclass 820 application. A child was born during processing. The relationship ended and the sponsor withdrew support. The former partner has joint custody of the child and was later granted the Subclass 820 visa under subclause 820.221(3). In this partner visa sponsor previous sponsorship withdrawn example, the sponsorship counts because it resulted in a grant. If the sponsor now has a new partner, the existence of children dependent on the sponsor may also be relevant to a waiver argument.

Example 5: a withdrawn fiance sponsorship

Consider a sponsor who supported a Subclass 300 application. The relationship ended before the visa was decided and the sponsor withdrew. No visa was granted. In this partner visa sponsor previous sponsorship withdrawn example, the withdrawn fiance sponsorship does not count. If the Subclass 300 visa had been granted before the withdrawal, it would count even if the couple never married. The answer on what happens after a break up on a prospective marriage visa explains the applicant's side of that situation.

What if the sponsor was sponsored and their own application was withdrawn?

A sponsor who was once sponsored as a partner or fiance faces regulation 1.20J(1)(c), which prevents them from sponsoring a partner until at least five years after their own visa application was made. Where the sponsor's own earlier application was withdrawn before any grant, the sponsor would not normally hold permanent residence or citizenship through that application, and would be sponsoring on another basis.

The issue still arises in practice. Dhindsa (Migration) [2019] AATA 5650, a Subclass 309 matter, was remitted where the recorded issues were that five years had not elapsed since the review applicant had been sponsored and that the review applicant's previous application was withdrawn. The recorded issue words do not set out the reasoning, and this guide does not suggest what that reasoning was. The case shows that a withdrawn earlier application can still become a live issue under the five year rules in a partner visa sponsor previous sponsorship withdrawn matter.

The Dhindsa issue words are a reminder that the partner visa sponsor previous sponsorship withdrawn analysis can involve the sponsor's own visa history as well as the sponsor's history of sponsoring others. A sponsor who arrived on a partner or fiance visa, or who had an earlier partner application of their own that was withdrawn, should have both their own history and their sponsoring history checked before lodging. The firm's answer on whether a person sponsored on a partner visa can sponsor a new partner and the guide to a partner visa sponsor with their own visa history problems explain these issues.

How does the Department find out about a withdrawn sponsorship?

The Department finds out about a withdrawn sponsorship from its own records and from the forms the sponsor and applicant complete. Officers assessing regulation 1.20J are told to consider the information the sponsor gives in the sponsorship and the Department's sponsorship database records. Non-disclosure of an earlier sponsorship is detected.

The sponsorship form asks the sponsor about earlier sponsorships and nominations, including the relationship of each person sponsored and the dates of lodgement. The applicant's form asks whether the sponsor has ever sponsored another person for a partner or prospective marriage visa, and whether the sponsor obtained permanent residence through a partner or prospective marriage visa. The firm's guide to the Form 40SP sponsorship form explains how the form is completed, and the guide on partner visa sponsorship lodgement explains when the sponsor must lodge.

In a partner visa sponsor previous sponsorship withdrawn case, honest and complete disclosure is essential, even where the sponsor believes the earlier sponsorship does not count. The question is whether the sponsor has lodged earlier sponsorships, not whether those sponsorships were successful. A sponsor who answers "no" because the earlier application was withdrawn has given an incorrect answer.

In a partner visa sponsor previous sponsorship withdrawn matter, an incorrect answer creates two separate risks. The first is credibility. A delegate who finds an undisclosed sponsorship in the records will ask why it was left out, and that question can colour the assessment of the new relationship. The second risk falls on the applicant. Public interest criterion 4020 allows refusal where false or misleading information is given in the application. The guides on partner visa PIC 4020 risks and how to tell an honest mistake from a PIC 4020 issue explain that risk. Where an answer was wrong, the guide on correcting answers with Form 1023 explains how to fix it before the Department finds it.

Does the earlier withdrawal affect the new partner visa in other ways?

Yes, an earlier withdrawal can affect the new partner visa even where it does not count toward regulation 1.20J. The earlier file may be read alongside the new application, and the delegate will look at the sponsor's relationship history as a whole.

Genuineness and timing of the new relationship

A delegate will usually look at when the earlier relationship ended and when the new one began. In a partner visa sponsor previous sponsorship withdrawn case, a short gap, or an overlap, is not a bar in itself. It does require a clear explanation supported by evidence. The guides on the genuine and continuing relationship test, the partner visa relationship timeline and a partner visa while still married to someone else explain how timing questions are handled. Where a divorce is involved, the guide on partner visas after divorce is also relevant.

Allegations made by the former partner

A former partner whose sponsorship was withdrawn may make statements about the sponsor, either in their own visa case or to the Department directly. A family violence claim in the former partner's case may include allegations against the sponsor. The sponsor is not a party to that claim and may never see the evidence. Allegations do not trigger the character limits in regulations 1.20KB and 1.20KC, which depend on convictions and charges, but they can raise questions. The answer on whether information from an ex-partner or a tip-off can be used explains this, and the guide on partner visa sponsor relevant offences under regulation 1.20KC explains when the character limits do apply.

Natural justice under section 57

If the Department intends to rely on adverse information from the earlier file, section 57 of the Migration Act 1958 generally requires it to give particulars of that information to the applicant, explain why it is relevant and invite comment. The guides on the section 57 natural justice letter and common adverse information examples explain how to respond. A partner visa sponsor previous sponsorship withdrawn response should be coordinated between the sponsor and the applicant, because the information concerns the sponsor's history but the letter goes to the applicant.

When should a sponsor lodge a new sponsorship after a withdrawal?

A sponsor should lodge a new sponsorship only after confirming whether the earlier sponsorship counts and, if it does, when the five years end. The right timing differs in each partner visa sponsor previous sponsorship withdrawn case.

There are three common positions:

• The withdrawn sponsorship does not count. No visa was granted to the former partner on the basis of it. The sponsor can usually proceed, subject to the ordinary partner visa sponsor requirements, full disclosure on the forms and careful evidence about the timing of the new relationship.
• The withdrawn sponsorship counts and five years will pass before a decision is likely. The sponsor may decide to lodge now and rely on the time of decision rule. A waiver submission should still be prepared in case the decision is made earlier than expected.
• The withdrawn sponsorship counts and five years will not pass for some time. The sponsor either waits or lodges with a full submission on compelling circumstances under regulation 1.20J(2).

For a partner visa sponsor previous sponsorship withdrawn after a grant, waiting is not always safe or practical. An onshore applicant may need to apply before their current visa ends, and the guide on applying for a partner visa before visa expiry explains that pressure. An offshore couple may face long separations. A partner visa sponsor risk assessment before lodgement and a partner visa application review before lodgement help identify the safest course.

Can a waiver apply if the withdrawn sponsorship counts?

Yes, a waiver can apply. Regulation 1.20J(2) allows a sponsorship to be approved despite the limits in regulation 1.20J(1) where there are compelling circumstances affecting the sponsor. The Department's instruction says that, as a matter of law, every case must be assessed against regulation 1.20J(2).

Department policy lists examples of compelling circumstances affecting the sponsor:

• the applicant and the sponsor have a dependent child who is dependent on each of them;
• the death of the previous partner;
• the previous spouse abandoned the sponsor and there are children dependent on the sponsor who need care and support; and
• the new relationship is longstanding.

The list is not exhaustive, and a partner visa sponsor previous sponsorship withdrawn submission can rely on other circumstances. Policy also points to the hardship the sponsor would suffer if the sponsorship were not approved, and the strength of the sponsor's ties to Australia, including the hardship if the sponsor felt compelled to leave Australia to keep the relationship. The firm's guides on partner visa compelling reasons and waiver evidence and compelling and compassionate circumstances explain how these submissions are built.

The "innocent sponsor" argument

Many sponsors in a partner visa sponsor previous sponsorship withdrawn situation feel that they did nothing wrong. They sponsored in good faith, the relationship failed, and they withdrew. Department policy recognises claims by so-called "innocent sponsors", who say their earlier relationship was genuine and that they were blameless in its failure. Policy says it is open to decision makers to accept that this is a compelling circumstance, but that it depends on whether the genuineness of the original relationship can be established and whether the first sponsorship was "careless", meaning made with the expectation that the sponsor could simply try again if it did not work out.

A sponsor who withdrew promptly and honestly when the earlier relationship ended can often show good faith. That fact alone is rarely enough. In SEOL (Migration) [2023] AATA 4410, a Subclass 820 matter was remitted where the recorded issues included two previous sponsorships, compelling circumstances, and that previous failed relationships are not themselves compelling circumstances. A partner visa sponsor previous sponsorship withdrawn waiver submission needs the sponsor's own circumstances, set out with evidence.

Evidence for a waiver submission

A strong partner visa sponsor previous sponsorship withdrawn waiver submission usually includes:

• a detailed statement from the sponsor about the earlier relationship, why it ended and why the sponsorship was withdrawn;
• evidence that the earlier relationship was genuine, such as joint records from that time;
• evidence of the new relationship, its length and the commitment involved, using the guidance on partner visa relationship evidence;
• evidence of any child of the new relationship, or children dependent on the sponsor;
• evidence of the sponsor's ties to Australia, such as employment, property, family and caring responsibilities;
• medical or other expert evidence where the sponsor's health or wellbeing is relevant; and
• Form 888 statements from people who know the sponsor and the new relationship, prepared with the help of the guide on partner visa Form 888 and witness statements.

Common mistakes in a partner visa sponsor previous sponsorship withdrawn case

The most common mistakes are assuming that a withdrawal cancels the earlier sponsorship, counting the five years from the wrong date, and leaving the earlier sponsorship off the new forms. Each of these mistakes can lead to a refusal that was avoidable.

• Assuming the withdrawal wiped the slate clean. A partner visa sponsor previous sponsorship withdrawn after a temporary visa grant still counts. So does one where the former partner was later granted a visa on family violence or child grounds.
• Counting from the separation or the withdrawal. The five years start on the date the earlier visa application was made. They do not start on the separation date or the withdrawal date.
• Counting to the lodgement date of the new application. The five years are measured to the date of decision on the new sponsorship, not the date the new application is lodged.
• Not disclosing the withdrawn sponsorship. The forms ask about earlier sponsorships, not only successful ones. The guide on partner visa incorrect answers found by the Department explains what happens when an answer is wrong.
• Ignoring the waiver. Some sponsors wait years without knowing that regulation 1.20J(2) must be considered in every case. A partner visa sponsor previous sponsorship withdrawn file with strong compelling circumstances may not need to wait.
• Relying on a weak "innocent sponsor" argument alone. Good faith in the earlier relationship helps, but the submission needs evidence of the sponsor's present circumstances.
• Trying to change sponsors mid-application. A new partner cannot simply be substituted into an existing application, as the answer on changing sponsors during a partner visa application explains.

A careful review before lodgement avoids most of these problems. The firm's guide on complex partner visa applications explains why sponsorship history is one of the factors that makes a case complex, and the guides on partner visa sponsorship assessment and when sponsorship approval is decided explain how the Department assesses the sponsor.

What happens if the new sponsorship is refused?

If the new sponsorship is refused, the visa itself is refused, because sponsorship approval is decided as part of the visa decision under section 65 of the Migration Act. There is no separate notice to the sponsor, even in a partner visa sponsor previous sponsorship withdrawn case where the refusal turns entirely on the sponsor's history. The answers on what happens if a partner's sponsorship is refused and whether a lawyer can help with a sponsorship refusal explain the immediate effect.

The refusal of a Subclass 820, Subclass 309 or Subclass 300 visa can be reviewed by the Administrative Review Tribunal. The application for review must be made within 28 days after the day the applicant is notified of the decision, or 7 days if the applicant is in immigration detention. The time limit cannot be extended. For a Subclass 820 refusal and a Subclass 309 refusal, the visa applicant applies for review. For a Subclass 300 refusal, the sponsor applies. The ART fee for a migration review is $3,727 for fees paid on or after 1 July 2026, with a 50% reduction available for financial hardship and 50% refunded if the decision is set aside or remitted. The guides on the partner visa ART review process, partner visa ART fees and working out the review deadline set out the detail, and the firm's urgent ART visa refusal applications page explains how urgent lodgements are handled.

The Tribunal decides on the law and the facts as they are at the time of its own decision. In a partner visa sponsor previous sponsorship withdrawn matter, that means a five year period that ends during review can be taken into account, and new evidence about whether the earlier sponsorship resulted in a grant can be put before the Tribunal. An onshore applicant who holds a Bridging visa A continues to hold it while the review is on foot. The firm's page on partner visa refusals explains how My Migration Lawyers approaches these reviews.

How My Migration Lawyers helps a sponsor whose previous sponsorship was withdrawn

My Migration Lawyers advises Australian sponsors whose previous sponsorship was withdrawn and who now want to sponsor a new partner. These are complex matters, because the answer turns on records the sponsor often does not hold, on the conduct of a former partner, and on dates that must be exact. The firm acts in many sponsorship limitation matters of this kind and has the experience to handle them from the first review of the history through to a Tribunal hearing where needed.

In a partner visa sponsor previous sponsorship withdrawn matter, the work usually starts with the history. My Migration Lawyers works out what the earlier sponsorship led to, whether any visa was granted to the former partner before or after the withdrawal, and whether the earlier application was the sponsor's own or one the sponsor supported. Where records are missing, the firm obtains them through the proper channels so that the advice rests on facts rather than on memory.

The firm then advises on timing and strategy for the partner visa sponsor previous sponsorship withdrawn issue. That includes whether the earlier sponsorship counts under regulation 1.20J, when any five year period ends, whether to lodge now or later, and whether a waiver submission under regulation 1.20J(2) is needed. Where a waiver is needed, My Migration Lawyers prepares the sponsor's statement, the supporting evidence and the legal submission as one coherent case. Where the former partner has made allegations, the firm prepares the response with care. The firm's partner visa lawyers also prepare the new Subclass 820 visa, Subclass 309 visa or Subclass 300 visa application so that the disclosure on the forms and the evidence about the new relationship are consistent from the start.

My Migration Lawyers works with clients across Australia by video, and matters are supervised by Weiwei Zhang, Principal Lawyer. The answer on whether there is a partner visa lawyer who handles complex cases explains how the firm approaches files like these.

If a previous sponsorship was withdrawn and you are planning to sponsor a new partner, or a new partner visa sponsor previous sponsorship withdrawn issue has already led to a refusal, Book a Consultation with My Migration Lawyers, or call 1300 040 300.