Partner Visa Sponsor Who Did Not Declare the Partner Earlier

A partner visa sponsor undeclared partner situation is one of the most delicate problems in Australian partner migration. It arises when the Australian sponsor did not declare the current partner in an earlier application to the Department of Home Affairs, and that earlier answer now sits on the sponsor's immigration file. In a partner visa sponsor undeclared partner case, the new partner visa application asks the couple when they met, when they committed to a shared life and when they began living together. Those dates can contradict what the sponsor told the Department years before.

This guide is written for the sponsor. It explains why earlier forms asked about a partner, when an omission was actually a false answer and when it was not, how the Department finds the inconsistency, what risk the sponsor's own visa or citizenship may face, how the problem affects the visa applicant, and how the record should be corrected. The firm's commercial page on partner visa sponsorship limitations explains the wider sponsorship rules that this issue sits within, and the complete guide to partner visas in Australia sets out every subclass and stage.

The central point is simple. The Department does not assess the new relationship in isolation. It reads the sponsor's history. If the history and the new application tell two different stories, one of them is wrong, and the couple must be ready to explain which one and why. Every partner visa sponsor undeclared partner case therefore starts with the same two questions: what exactly did the sponsor say, and when did the sponsor say it?

What is a partner visa sponsor undeclared partner problem?

A partner visa sponsor undeclared partner problem is an inconsistency between the sponsor's earlier declarations to the Department and the relationship history now claimed in a partner visa application. The sponsor said "single", "never married" or "no partner" at a time when the couple now say they were already married, engaged or in a de facto relationship.

The earlier application can be almost any document the sponsor gave to the Department, including:

• The sponsor's own skilled or employer sponsored visa application. A sponsor who is now a permanent resident through a skilled or employer pathway answered questions about relationship status and family members. The firm's guide for a partner visa sponsor who holds a skilled or employer sponsored PR explains how that history is read.
• A student visa or visitor visa application. These forms also ask about relationship status and family.
• The sponsor's own earlier partner visa. A sponsor who came to Australia on a partner visa sponsored by a former partner declared that relationship as genuine and exclusive.
• A citizenship application. The sponsor may have stated a relationship status in the citizenship application.
• An earlier sponsorship form. A sponsor who previously sponsored someone else completed a sponsorship that included a declaration about the relationship and previous sponsorships.

This article deals with sponsors who did not arrive through the humanitarian program. A sponsor who arrived on a refugee or humanitarian visa and did not declare a partner before that visa was granted faces a different set of rules, and that situation is covered in a separate My Migration Lawyers article on humanitarian sponsors.

A partner visa sponsor undeclared partner issue is also different from the case where the visa applicant failed to disclose a relationship in the applicant's own earlier applications. That applicant-focused issue is covered in the firm's guide to a partner visa undeclared relationship. Here, the earlier answer belongs to the sponsor.

Why did the earlier application ask about a partner?

Earlier applications asked about a partner because a spouse or de facto partner is a member of the family unit under regulation 1.12 of the Migration Regulations 1994, and family unit members matter to almost every visa. The Department uses family information to decide who may be included, who must meet health and character requirements, and whether the applicant's claims are credible.

Section 101 of the Migration Act 1958 requires a non-citizen to complete a visa application form so that all questions are answered and no incorrect answers are given. That obligation is the starting point for every partner visa sponsor undeclared partner analysis. If a form asked "Are you married or in a de facto relationship?" and the true answer was yes, the answer "no" was incorrect.

Many visa forms also ask the applicant to list family members who are not migrating. Department policy explains that for some public interest criteria, all members of a family unit must meet certain requirements, whether or not they are applicants. That is why a partner left at home was still relevant to the sponsor's own application. A partner visa sponsor undeclared partner omission can therefore affect not just a single answer but the way the whole earlier application was assessed.

Some visas also carry conditions about relationships. Department policy notes that condition 8515 is imposed on certain permanent visas and requires the holder not to marry or enter into a de facto relationship before entering Australia. A sponsor whose own visa carried a condition of that kind needs advice before any partner visa is lodged, because the date the relationship began may matter to that visa as well.

Detailed personal history forms add another layer. The firm's guide to Form 80 for a partner visa explains when the Department asks for it, and the guide on completing Form 80 without errors shows how relationship history is recorded. Any earlier Form 80 the sponsor completed is part of the sponsor's file.

Is a partner visa sponsor undeclared partner always a false declaration?

No. A partner visa sponsor undeclared partner issue is not automatically a false declaration, because the law asks whether the answer was correct at the time it was given. Many couples who are now married or in a de facto relationship were only dating, or were not yet committed, when the sponsor completed the earlier form.

Migration law has precise definitions. A de facto relationship under section 5CB of the Migration Act requires a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and living together or not living separately and apart on a permanent basis. A married relationship under section 5F requires a valid marriage with the same features. A couple who had met but had not yet committed to a shared life was not in a de facto relationship, even if they now regard the early months as part of their story.

The firm's answer on whether a boyfriend or girlfriend is a de facto partner explains this distinction, and the answer on the legal definition of a de facto relationship sets out each element. The guide on the de facto partner visa and the 12 month rule explains how long the relationship must have existed.

When the relationship began after the earlier form was lodged

The most common innocent explanation in a partner visa sponsor undeclared partner case is that the relationship began after the sponsor's earlier application was lodged. If the sponsor applied for a skilled visa while single and only later formed the relationship, the answer "single" was correct when given.

That does not end the analysis. Section 104 of the Migration Act requires a non-citizen to tell the Department in writing, as soon as practicable, if circumstances change so that an answer in the application becomes incorrect. If the applicant is in Australia when the visa is granted, that duty covers changes before grant. If the applicant is outside Australia when the visa is granted, it covers changes after the application and before immigration clearance. So a sponsor who formed a spousal or de facto relationship after lodging, but before the visa was granted, may have been required to report it.

The firm's guide to Form 1022 for reporting changes on a partner visa explains how change of circumstances notices work. In a partner visa sponsor undeclared partner review, the question is therefore not just "was the answer true when given?" but also "did the relationship change before the visa was granted, and was that change reported?"

When the couple now describe an earlier start date than the law requires

Some couples describe the relationship as beginning on the day they first met, or the day they first went out together. The Department, however, assesses the relationship against the legal definitions. When an application lists the day the couple first met and also lists the day they committed to a shared life, those dates can be different. A partner visa sponsor undeclared partner problem sometimes disappears once the couple separate "when we met" from "when we became partners" and explain the progression honestly.

The firm's guide to the partner visa relationship timeline shows how to set this out, and the answer on how detailed a relationship timeline should be gives practical guidance. The answer on when the 12 month de facto period starts is also relevant where the couple are applying as de facto partners.

This is not a licence to move dates for convenience. The dates must be true. The point is that the true dates are often more nuanced than a single "start date", and an honest, precise chronology frequently explains the earlier answer without any admission of falsity.

When the earlier answer was simply wrong

Sometimes the honest answer is that the sponsor was already married or in a committed de facto relationship and said otherwise. People do this for many reasons: advice from a friend, fear that a partner overseas would slow down their own visa, family pressure, a relationship kept secret for cultural or religious reasons, or a form completed by someone else. None of these reasons changes the fact that the answer was incorrect. They may, however, matter a great deal to how the problem is handled and how decision makers weigh it.

A partner visa sponsor undeclared partner matter in this category needs careful legal advice before anything is said to the Department. The sponsor's own visa or citizenship position must be assessed first, and the response must be planned so that it is truthful, complete and consistent.

How does the Department find a partner visa sponsor undeclared partner inconsistency?

The Department usually finds a partner visa sponsor undeclared partner inconsistency by comparing the new partner visa application with the sponsor's earlier records. Decision makers have access to the sponsor's previous applications, sponsorship records and declarations, and they are expected to read them.

The partner visa itself asks questions that expose the timeline. The applicant's partner visa form asks when the couple first met, when they committed to a shared life together to the exclusion of all others, and whether they have lived apart since then. The sponsorship asks for the date of marriage or the date the de facto relationship commenced. The firm's guide to the Form 40SP sponsorship form explains what the sponsor declares. If those dates are earlier than the date of an earlier application in which the sponsor said "single", the inconsistency is on the face of the file.

Other common sources include:

• Interviews. The firm's guide to the partner visa sponsor interview explains what sponsors are asked, and the guide on partner visa interview inconsistencies explains how different answers are treated.
• Evidence dates. Photographs, travel records, money transfers, joint leases and messages often carry dates that pre-date the sponsor's earlier declaration.
• Children. A child born before the sponsor's earlier application, whose other parent is the current partner, is a strong indicator that the relationship existed earlier.
• Tip-offs. A former partner or family member may contact the Department. The answer on whether information from an ex-partner or a tip-off can be used explains how this information is handled.

The Department's PIC 4020 instruction lists, as a trigger for further investigation, claims that are inconsistent with claims made previously by the applicant or the sponsor about immigration history. In other words, the Department is directed to look for exactly the kind of mismatch that defines a partner visa sponsor undeclared partner case. Couples should assume that any partner visa sponsor undeclared partner inconsistency on the file will be noticed, and should plan on that basis rather than hoping it will be missed.

What risks does the sponsor's own visa face?

A sponsor who still holds a visa faces the most direct risk in a partner visa sponsor undeclared partner case, because the incorrect information provisions in the Migration Act can expose that visa to cancellation. This applies to a permanent resident as well as to a temporary visa holder. It does not apply to an Australian citizen, who holds no visa, although citizens face separate questions discussed below.

Subdivision C of Division 3 of Part 2 of the Migration Act is headed "Visas based on incorrect information may be cancelled". It contains these obligations:

• Section 101. The application form must be completed so that all questions are answered and no incorrect answers are given.
• Section 102. Passenger cards must be completed correctly.
• Section 103. Bogus documents must not be given.
• Section 104. Changes in circumstances that make an earlier answer incorrect must be notified in writing as soon as practicable. Section 104(4) states that this applies despite the grant of any visa.
• Section 105. A person who becomes aware that an earlier answer was incorrect when given must notify an officer in writing as soon as practicable. Section 105(2) states that this also applies despite the grant of any visa.

If the Department considers that a visa holder did not comply with these obligations, it can issue a notice under section 107 inviting a response, and section 109 then allows the Minister to consider cancelling the visa. The Department's own form on incorrect answers warns that cancellation of a granted visa is not automatic, and that a person in Australia will be given an opportunity to comment on the grounds before a final decision is made.

The firm's visa cancellations page explains how cancellation matters are handled, and the guide for a partner visa sponsor whose PR is under cancellation explains why a cancellation notice against the sponsor puts the partner visa itself at risk. The answer on whether a permanent partner visa can be cancelled confirms that permanent visas are not immune.

Other cancellation powers

Section 116(1AB) of the Migration Act allows the Minister to cancel a visa where incorrect information was given by or on behalf of the holder, was taken into account in a decision that enabled the person to apply for or be granted a visa, and is not covered by Subdivision C. The provision states that it applies whenever the incorrect information was given and whether the relevant visa is the current visa or a previous visa. This means a partner visa sponsor undeclared partner issue in an older application can still be relevant to a later visa that was built on it.

Department policy also explains that where a visa is cancelled under section 109 or section 116, visas held by family members only because they are members of the family unit may be cancelled by operation of law under section 140. A sponsor with dependent family members on their own visa should take this into account.

Why cancellation is not the usual outcome

Cancellation is discretionary. Decision makers must consider the response and the circumstances. Factors that commonly matter include whether the answer was knowingly false or a misunderstanding, whether the true answer would have changed the outcome of the earlier visa, how long ago it happened, the sponsor's ties to Australia, any Australian children and the consequences for the new partner. A partner visa sponsor undeclared partner disclosure made voluntarily and early is generally viewed very differently from one discovered by the Department after a false timeline has been repeated. The way a partner visa sponsor undeclared partner issue comes to light is often as important as the issue itself.

That is why the sequence of steps matters so much. The sponsor's exposure must be assessed first, before any partner visa is lodged and before any statement is made. Remitted Tribunal decisions such as Vispo (Migration) [2023] AATA 694, Faba-an (Migration) [2020] AATA 4250 and Lei (Migration) [2024] AATA 1166 are recorded in the firm's partner visa remittals database under the issue "sponsor's own visa cancelled then restored/set aside". They show that a sponsor's own visa history can become part of a partner visa case, and that cancellation decisions can be revisited. The firm's guide for a partner visa sponsor with their own visa history problems explains this in more detail.

What if the sponsor is now an Australian citizen?

A sponsor who is now an Australian citizen cannot have a visa cancelled, because a citizen does not hold a visa. In a partner visa sponsor undeclared partner case involving a citizen sponsor, the main issues are credibility, the relationship start date and the honesty of the current application, rather than cancellation.

Citizenship is governed by a different law, the Australian Citizenship Act 2007. That Act contains limited powers to revoke citizenship in specific circumstances, which in some cases can involve fraud or misrepresentation connected to how a person became a permanent resident or a citizen. Whether any risk exists depends on detailed facts, including what was said, when, and whether it was material. A citizen sponsor with a partner visa sponsor undeclared partner issue should obtain legal advice on that question before making any written statement about the earlier application.

The firm's guides for a partner visa sponsor who recently became a citizen and a partner visa sponsor applying for citizenship at the same time explain how citizenship timing interacts with sponsorship generally. A sponsor who plans to apply for citizenship while a partner visa sponsor undeclared partner issue remains unresolved should take advice before lodging either application, because both applications will draw on the same history.

What risks does the partner visa applicant face?

The applicant faces mainly credibility and relationship assessment risks in a partner visa sponsor undeclared partner case, rather than an automatic refusal. The legal tool most people fear, PIC 4020, has a narrower scope than is often assumed.

Does PIC 4020 apply to the sponsor's old answers?

Usually not directly. Public interest criterion 4020(1) asks whether the applicant has given, or caused to be given, a bogus document or information that is false or misleading in a material particular in relation to the current visa application, or a visa the applicant held in the 12 months before the application was made. The Department's PIC 4020 instruction describes this scope as limited.

The sponsor's earlier skilled, student or citizenship application was not the applicant's application. As a general rule, the sponsor's old answers in the sponsor's own application are not something the applicant "gave" or "caused to be given". The Department's instruction also deals with information a sponsor provides in a sponsorship. It says such information is usually provided by the sponsor on the sponsor's own behalf, and that the mere fact the applicant allowed the sponsor to provide information directly may not be enough for PIC 4020(1) to apply. The decision maker must look at what, if anything, the applicant did to cause the information to be given. For that reason, a partner visa sponsor undeclared partner issue that is confined to the sponsor's own old applications is rarely a PIC 4020 problem for the applicant on its own.

The firm's guides to partner visa PIC 4020 risks and responses, the answer on what PIC 4020 is and how it affects a partner visa and the guide to a partner visa false information refusal explain the criterion in depth.

Where PIC 4020 can become a real risk

PIC 4020 becomes a real risk in a partner visa sponsor undeclared partner case if the couple repeat an untrue timeline in the current partner visa application. If the applicant's current application gives a relationship start date chosen to match the sponsor's earlier false answer, rather than the true date, that is information given in relation to the current application. The applicant is then directly exposed.

PIC 4020 can also matter if the applicant personally held a visa in the 12 months before lodging and gave incorrect relationship information in that application. That is the applicant's own history, not the sponsor's, but it often arises in the same family. The answer on whether to mention a partner on a visitor visa application addresses that question.

The consequences are serious. Department policy explains that a refusal under PIC 4020 for false or misleading information can affect later applications by the applicant and members of the family unit for a period of three years, and longer for identity concerns. A decision maker can waive parts of PIC 4020 where compelling circumstances affecting the interests of Australia, or compelling or compassionate circumstances affecting the interests of an Australian citizen, permanent resident or eligible New Zealand citizen, justify the grant. A waiver is not something to rely on in advance.

The innocent mistake principle

The Department's PIC 4020 instruction refers to the Full Federal Court decision in Trivedi v Minister for Immigration and Border Protection [2014] FCAFC 42. The instruction explains that refusal under PIC 4020 requires information with the quality of "purposeful falsity", and that an application cannot be refused under PIC 4020 where the applicant can explain an innocent mistake. The onus is on the applicant to explain what happened in response to an invitation to comment.

The firm's answer on how to tell an honest mistake from a PIC 4020 issue applies this in practice. In a partner visa sponsor undeclared partner case, an honest and well-documented explanation in the current application is what keeps the earlier problem from becoming a current one.

How does a partner visa sponsor undeclared partner issue affect the relationship assessment?

A partner visa sponsor undeclared partner issue affects the relationship assessment because it casts doubt on when the relationship began and whether the couple's account can be believed. Under regulations 1.15A and 1.09A of the Migration Regulations, decision makers must consider all the circumstances of the relationship, including the financial aspects, the nature of the household, the social aspects and the nature of the commitment, which includes the length of the relationship.

The firm's guide to the genuine and continuing relationship test explains these four matters, and the answer on what genuine and continuing means summarises them.

The relationship start date

The start date controls several partner visa requirements. For de facto applicants, regulation 2.03A generally requires the de facto relationship to have existed for at least 12 months before the application, unless an exception applies. For applicants seeking immediate permanent grant on the basis of a long-term relationship, the length of the relationship matters as well. The answer on whether the permanent visa can be granted straight away explains that rule.

If the couple need an earlier start date to meet one of these requirements, but the sponsor's earlier application said the sponsor was single at that time, the Department will ask which version is true. A partner visa sponsor undeclared partner inconsistency therefore has a direct legal effect, not just a background credibility effect.

Credibility of the couple's whole account

Decision makers who find one untrue statement may treat the rest of the account with caution. That is why a partner visa sponsor undeclared partner case often turns on the quality of the explanation and the independent evidence. The firm's guide to partner visa relationship evidence and the guide to partner visa previous relationship history explain how decision makers test a couple's history.

Two remitted Tribunal decisions are directly relevant. In 2107016 (Migration) [2022] AATA 2250, a Subclass 820 matter remitted to the Department, the recorded issues were that the parties provided false or misleading information, failed to disclose a previous relationship and Subclass 300 application, and the sponsor's mental health. In Nguyen (Migration) [2023] AATA 3868, a Subclass 309 matter remitted to the Department, the recorded issues were the sponsor's migration history and credibility concerns and the sponsor's marital history. These decisions show that the sponsor's history and earlier disclosures can be squarely in issue at review.

Overlapping relationships

The hardest partner visa sponsor undeclared partner cases involve overlap. A sponsor may have been in a relationship with the current partner while declaring a different relationship to the Department, for example while being sponsored by, or sponsoring, someone else. The Department will then question both relationships. It may ask whether the earlier sponsored relationship was genuine and exclusive, and whether the current one is. In an overlapping partner visa sponsor undeclared partner matter, evidence of when the earlier relationship ended is as important as evidence of when the current one began.

The remitted decision in Cabsari (Migration) [2021] AATA 1432 is recorded with the issues "religious marriage while sponsor legally married to first wife; credibility". The firm's guide to a partner visa while married to someone else explains how a continuing legal marriage is treated. Where the sponsor was previously sponsored as a partner, the answer on sponsoring a partner after being sponsored yourself and the firm's hub on when a sponsor cannot sponsor a partner visa explain the separate five year limitation in regulation 1.20J that may also apply.

Which earlier applications create the greatest partner visa sponsor undeclared partner risk?

The greatest partner visa sponsor undeclared partner risk comes from earlier applications where a partner would have changed the outcome or the requirements of that application. The more material the omission, the more serious the consequences.

The sponsor's own permanent visa application

A sponsor who obtained permanent residence through a skilled, employer sponsored or family pathway while omitting a spouse or de facto partner faces the most scrutiny. A partner would ordinarily have been a member of the family unit, may have had to meet health and character requirements, and may have affected points or eligibility. The firm's guide for a partner visa sponsor who is a permanent resident and the guide for a partner visa sponsor who recently became a permanent resident explain how the sponsor's status is checked.

The sponsor's own earlier partner visa

A sponsor who was sponsored by a former partner, while already in a relationship with the current partner, faces a partner visa sponsor undeclared partner problem of a different kind. The issue is not an omitted family member. It is whether the earlier relationship, which was the basis of the sponsor's own visa, was genuine and exclusive at the time. That question goes to the foundation of the sponsor's visa and must be assessed with great care.

Student and visitor visas

A partner visa sponsor undeclared partner omission in a student or visitor visa application is often less material to that visa, but it still matters to credibility. The firm's guide to a partner visa on a student visa explains how earlier student history is read.

Earlier sponsorship forms

A sponsor who previously sponsored a different partner, or another relative, gave declarations in that sponsorship. If the current partner was already in the sponsor's life, those declarations may be inconsistent. The firm's guide to the partner visa sponsor undertaking explains what a sponsor signs, and the answer on whether a lawyer can help if the sponsor has sponsored a partner before explains how earlier sponsorships are reviewed.

Should the sponsor correct the record before the partner visa is lodged?

Usually yes, but only after legal advice on how and when. A partner visa sponsor undeclared partner issue is almost always better addressed by the couple first than discovered by the Department later. The way it is addressed, however, must protect the sponsor's own position as well as the applicant's.

Section 105 of the Migration Act requires a non-citizen who becomes aware that an earlier answer was incorrect to notify an officer in writing as soon as practicable, and that obligation continues despite the grant of a visa. The Department has a form for notifying incorrect answers, and the information given is taken into account in deciding whether the person should continue to hold a visa. A sponsor who still holds a visa should not lodge that notice without advice, because the notice itself must be accurate, complete and carefully framed.

The firm's answer on how to correct a mistake after submitting a partner visa application and the guide on partner visa incorrect answers found by the Department explain the general approach.

Obtain the sponsor's file first

Nobody should rely on memory. The sponsor should obtain copies of the earlier applications so that the exact questions and answers are known. The firm's guide to a partner visa FOI request explains how to request the Department's file, and the guide to downloading an application copy from ImmiAccount explains how to retrieve online applications. In a partner visa sponsor undeclared partner case, the precise wording of the earlier question often decides whether the answer was false at all.

Never lodge a partner visa that repeats an untrue timeline

The single most damaging mistake is to choose a later relationship start date in the partner visa application simply to match the sponsor's earlier answer. That turns an old problem into a current one and brings PIC 4020 squarely into play for the applicant. A partner visa sponsor undeclared partner strategy must be built on the true dates, explained.

The firm's guide to partner visa application mistakes and the guide to a partner visa application review before lodgement explain how errors of this kind are found and fixed before lodgement. The firm's partner visa sponsor risk assessment guide describes the review of the sponsor's history that should happen first.

How should a partner visa sponsor undeclared partner explanation be written?

A partner visa sponsor undeclared partner explanation should be a factual, chronological statement that identifies the earlier application, quotes the question, states the answer that was given, explains truthfully why, and is supported by documents. It should be calm, specific and consistent with every other document on the file.

A strong explanation statement usually covers:

• The earlier application. The visa or form, the date it was lodged and the date it was decided.
• The exact question and answer. Quoted from the file, not from memory.
• The true relationship history. When the couple met, when the relationship became committed, when they began living together, and any marriage or registration.
• Why the answer was given. For example, the relationship had not yet become a de facto relationship, the sponsor misunderstood the legal meaning of "de facto", a third party completed the form, or the sponsor was afraid of the consequences. Honesty is essential, even where the reason does not reflect well on the sponsor. A partner visa sponsor undeclared partner explanation that gives a convenient reason instead of the true one is likely to unravel at interview.
• What has happened since. Including any notification already made to the Department.
• Supporting evidence. Dated communications, travel records, photographs, leases, financial records and statements from people who know the couple.

The firm's guide to Form 888 examples and common mistakes explains how witness statements from family and friends can corroborate the true timeline. The guide on relationship statement mistakes to avoid is useful for making sure the couple's statements match the explanation.

Cultural and family reasons for concealment

Some couples kept their relationship from family, community or employers. The firm's guide to a partner visa secret relationship, the guide to partner visa cultural differences and the answer on whether families need to know about the relationship explain how these explanations are evidenced. A cultural reason for keeping a relationship quiet socially is not the same as a reason for an incorrect answer to the Department, and the explanation should not pretend it is. It can, however, explain the circumstances in which the mistake was made.

When an adviser completed the form

If a migration agent, friend or relative completed the earlier application, the explanation should say so and should produce whatever records exist. The firm's guide to a partner visa refused because of an agent's mistake and the answer on a partner visa where a previous agent lodged false documents explain how third party errors are assessed. The sponsor still signed the declaration, so this explanation reduces responsibility rather than removing it.

What happens if the Department raises the partner visa sponsor undeclared partner issue first?

If the Department raises the partner visa sponsor undeclared partner issue first, it will usually send the applicant a natural justice letter under section 57 of the Migration Act. That letter sets out adverse information that would be the reason, or part of the reason, for refusal and invites comment within a set time. A separate notice may be sent to the sponsor if the sponsor's own visa is under consideration.

The firm's guide to the section 57 natural justice letter, the answer on how to respond to a section 57 letter and the answer on how long there is to respond explain what to do. The guide to common adverse information in section 57 letters includes inconsistencies in relationship history. If the sponsor receives a cancellation notice, the guide on responding to a partner visa cancellation notice is relevant.

The responses to both letters must be coordinated. A partner visa sponsor undeclared partner response that helps the applicant but harms the sponsor, or the reverse, can damage both.

If the partner visa is refused

A refusal of a Subclass 820, Subclass 309 or Subclass 300 visa is reviewable by the Administrative Review Tribunal. The application must be made within 28 days after the refusal is notified, or 7 days if the applicant is in immigration detention, and that time cannot be extended. For a Subclass 820 or Subclass 309 refusal the visa applicant applies, and for a Subclass 300 refusal the sponsor applies. The firm's partner visa refusals page, the urgent ART visa refusal applications page and the guide to the partner visa ART review process explain the review stage. The answer on working out the review deadline explains the timing.

How My Migration Lawyers helps a partner visa sponsor undeclared partner case

My Migration Lawyers acts for Australian sponsors whose history does not match the partner visa they now want to lodge, and a partner visa sponsor undeclared partner matter is one of the complex cases the firm handles regularly. The firm deals with these matters often, understands how the Department reads a sponsor's file, and is capable of managing the sponsor's exposure and the applicant's application together so that neither is sacrificed for the other.

The work usually begins with the sponsor's file. My Migration Lawyers identifies every earlier application, obtains the records, compares the exact questions and answers with the true relationship history, and advises the sponsor on any risk to the sponsor's own visa or citizenship before anything is lodged. The firm then builds a single, consistent chronology, prepares the explanation statement and the supporting evidence, and plans whether and how the record should be corrected. Where the Department has already raised the issue, the firm prepares coordinated responses to the section 57 letter and any notice to the sponsor.

The firm's partner visa lawyers page explains the services available, and the guide to what a complex partner visa lawyer does describes this type of work. The answer on whether there is a partner visa lawyer who handles complex cases and the firm's partner visa questions hub answer many related questions. Sponsorship matters at the firm are supervised by Weiwei Zhang, Principal Lawyer.

A partner visa sponsor undeclared partner problem does not need to end a relationship's migration plans, but it does need to be handled in the right order and with complete honesty. If you are a sponsor who did not declare your partner earlier, or the Department has asked about it, Book a Consultation with My Migration Lawyers, or call 1300 040 300.