Partner Visa Sponsorship Delays: When Sponsorship Holds Up the Visa

A partner visa sponsorship delay is one of the most frustrating problems a couple can face. The applicant has lodged. The relationship evidence is strong. Yet months pass and nothing happens, because the Department cannot finish the sponsorship side of the file. A partner visa sponsorship delay usually has a specific cause, and most causes can be fixed once they are identified.

This guide explains why the sponsor's part of the application can hold up the visa, what the Department's published processing times are, the common causes of a partner visa sponsorship delay, and what the sponsor and applicant can do about each one. It applies to the onshore Subclass 820 partner visa, the offshore Subclass 309 partner visa and the Subclass 300 Prospective Marriage visa. For an overview of the whole process, start with our complete guide to partner visas in Australia.

Nothing in this guide is a promise of an outcome or a timeframe. Every file is different, and the Department decides each one on its own facts.

What is a partner visa sponsorship delay?

A partner visa sponsorship delay is a delay in deciding a partner visa that is caused by the sponsorship, not by the applicant's own documents or the relationship evidence. The sponsor is the Australian citizen, Australian permanent resident or eligible New Zealand citizen partner. The Department must approve the sponsor before it can grant the visa.

The sponsor applies online, through ImmiAccount, on the form called "Sponsorship for a Partner to Migrate to Australia" (also known as form 40SP). Home Affairs tells sponsors to apply after the applicant has applied and given them the Transaction Reference Number (TRN) or application ID. The applicant is told that the sponsor should apply "as soon as possible" after the visa application. Our guide to the partner visa online application through ImmiAccount explains how the two applications are linked.

A partner visa sponsorship delay can start at any point:

• At lodgement, if the sponsorship is lodged late, linked to the wrong application or left incomplete.
• During assessment, if sponsor documents, police checks or consent are outstanding.
• During a character or child-protection referral, if the sponsor's history needs closer assessment.
• Near the sponsorship limit, if the sponsor has sponsored a partner before or was sponsored as a partner.
• After a request, if the Department writes asking for more information and the reply is slow or incomplete.

Each of these is explained below. If you are not sure who is able to sponsor at all, our answer on who can sponsor a partner visa sets out the basic rules.

How long should a partner visa take before a partner visa sponsorship delay is suspected?

The Department's published processing times are the starting point for deciding whether a case is delayed. As published by the Department in October 2026, the Home Affairs visa processing times guide shows:

• Subclass 820: 50% of applications in 22 months, 90% in 30 months.
• Subclass 309: 50% in 21 months, 90% in 32 months.
• Subclass 801: 50% in 8 months, 90% in 19 months, counted from the date of eligibility, which is two years after the combined application.
• Subclass 100: 50% in 9 months, 90% in 21 months.
• Subclass 300: 50% in 14 months, 90% in 26 months.

Home Affairs says these times are "a guide only and not specific to your application". They describe how long most applications took, not how long yours will take. Our guides to partner visa processing times and how long a Subclass 820 partner visa takes explain how to read them.

A partner visa sponsorship delay can push a case well past these figures. The reason is simple. The Department counts its processing times across all applications, including the many where the sponsorship was complete from the start. If your sponsor's police check is still outstanding at month 25, the published 90% figure does not protect you. The file is waiting on the sponsorship, not on the queue.

If your application has passed the 90% mark, read our answer on what to do if your partner visa is outside published processing times and our answer on why a partner visa can take longer than others. A case well past the published times is often a sign of a partner visa sponsorship delay that nobody has noticed.

The cost of a partner visa sponsorship delay

The cost of a partner visa sponsorship delay is mostly time, but money is also at stake. The Department's charge for the combined partner visa is from AUD11,710 for most applicants, as published by the Department in October 2026. That charge is paid at lodgement, so a couple who let a sponsorship problem lead to refusal can lose far more than months. Our guide to partner visa cost in Australia explains the charges.

Why can the sponsorship hold up the whole visa?

The sponsorship can hold up the whole visa because approval of the sponsorship is a criterion the applicant must meet at the time of decision. The Department cannot grant the temporary partner visa or the Prospective Marriage visa until the sponsorship can be approved.

The law works in two steps. At the time of application, the applicant only has to be "sponsored" by the Australian partner. At the time of decision, the sponsorship must have been approved. For the Subclass 820 the decision criterion is in clause 820.221(4)(a). For the Subclass 309 it is clause 309.222(1). For the Subclass 300 it is clause 300.222(1). The Department's own instruction puts it plainly: "Although a sponsorship must be held at time of application, it is only at time of decision that the sponsorship must have been approved."

This has three practical results for a partner visa sponsorship delay:

• The visa waits for the sponsor. A case officer can finish assessing the relationship and the applicant's health and character, and still be unable to decide the visa because the sponsor's file is not complete.
• There is no separate sponsorship decision. Approval of the sponsorship is part of the visa decision under section 65 of the Migration Act 1958. The Department does not send the sponsor a separate approval notice. Home Affairs says it "will let the visa applicant know our decision in writing".
• A sponsorship refusal is a visa refusal. If the sponsorship cannot be approved, the visa must be refused. Before that happens, the applicant is normally given a section 57 natural justice invitation to comment.

The sponsorship form is not a validity requirement for Subclass 820, Subclass 309 or Subclass 300. A valid visa application can be made without it. The exception is an onshore applicant affected by section 48 of the Migration Act, who must provide the completed sponsorship form at the same time and place as the visa application. Our guide to the partner visa section 48 bar explains that rule. For everyone else, the absence of a sponsorship does not make the application invalid. It makes it undecidable, and eventually refusable.

The second stage is different. There is no new sponsorship approval for the Subclass 801 or Subclass 100. The sponsor approved at the first stage carries through. Our guide to the partner visa two-stage process explains how the stages connect. This article concentrates on the first stage, where a partner visa sponsorship delay usually arises.

Partner visa sponsorship delay cause 1: the sponsorship was lodged late or incomplete

The most common partner visa sponsorship delay is the simplest one: the sponsorship was lodged late, linked incorrectly or never completed. The visa application sits in the system, but there is nothing on the sponsor side for the case officer to approve.

This kind of partner visa sponsorship delay happens more often than couples expect. The applicant lodges first and receives a TRN. The sponsor intends to lodge the sponsorship soon, then work or family events intervene. Sometimes the sponsor starts the form in ImmiAccount but never submits it. Sometimes the sponsorship is submitted with no documents attached.

Home Affairs tells sponsors to provide all required information with the sponsorship application, or as soon as possible after applying. A sponsorship lodged without its supporting documents is likely to produce a request from the Department later, and every request adds time.

What the Tribunal cases show about a missing sponsorship

The Tribunal has dealt with refusals where the sponsorship material never reached the Department, and a partner visa sponsorship delay ended in a decision against the applicant. In Manalo (Migration) [2024] AATA 1927, a Subclass 820 case, the sponsorship form and other requested material had not been provided to the Department. The headnote refers to COVID restrictions and access issues, prehearing, oral and witness evidence, and departmental policy. The Tribunal remitted the matter to the Department.

This case shows that a missing sponsorship can sometimes be put right on review. They do not show that review is a safe way to fix a partner visa sponsorship delay. A refusal costs months, and the review must be lodged within strict time limits. It is far better to fix the sponsorship before the Department decides. Our guide to partner visa offshore lodgement mistakes that delay your visa covers the errors that cause this problem at the start.

How to fix a late or incomplete sponsorship

To fix this cause of a partner visa sponsorship delay:

• Check in ImmiAccount that the sponsorship has been submitted, not just saved as a draft.
• Check that it is linked to the correct visa application using the applicant's TRN or application ID.
• Attach the sponsor's identity, status and police documents straight away if they were left out.
• Keep a copy of the submitted sponsorship and the acknowledgement.

Our guide to partner visa ImmiAccount uploads and our answer on how to upload documents to a partner visa application explain the mechanics. If the Department has already written about the missing sponsorship, treat it as urgent. Our urgent visa lodgements team acts on short deadlines.

Cause 2: missing sponsor identity and residence documents

A partner visa sponsorship delay often comes from missing sponsor identity documents. The Department must be satisfied about who the sponsor is and that they hold the right status before it can approve the sponsorship.

Home Affairs asks sponsors for a copy of their passport, a copy of their birth certificate and a photo of their face. An Australian permanent resident or eligible New Zealand citizen sponsor must also show that they usually live in Australia. Evidence can include where the sponsor's home is, where they work, property or business in Australia, and family ties here.

A partner visa sponsorship delay in this category usually comes from:

• A sponsor who lodged without a birth certificate, or with a document that shows a different name or date of birth.
• A permanent resident sponsor who has spent long periods overseas and has not shown that they usually live in Australia.
• A New Zealand citizen sponsor who is not sure whether they are an eligible New Zealand citizen.
• Documents in a language other than English with no translation.

Our answer on what documents a sponsor needs to provide lists the core items, and our answer on how to prove a sponsor is an Australian citizen explains citizenship evidence. If the names or dates in the sponsor's documents do not match, read our answer on documents that show different names or dates of birth. Our guide to partner visa evidence translation explains the translation rules.

A sponsor who lives overseas raises its own issues. Home Affairs says a sponsor can be inside or outside Australia when applying to sponsor. A permanent resident sponsor living abroad, however, must still show they usually live in Australia. Our answer on whether an Australian living overseas can sponsor a partner and our answer on whether a sponsor can live overseas while the Subclass 820 is processed deal with this.

Partner visa sponsorship delay cause 3: sponsor police checks not provided or slow to arrive

Sponsor police checks are one of the largest sources of a partner visa sponsorship delay. The Department will not approve a sponsorship while requested checks are outstanding, and foreign checks can take many months to obtain.

Home Affairs tells sponsors: "To show that you meet the additional sponsor requirements, you need to provide an Australian police certificate." It accepts only complete disclosure National Police Certificates issued by the Australian Federal Police. It does not accept standard disclosure certificates or certificates issued by state or territory police. Department policy requires the Immigration/Citizenship purpose code on the AFP check. Our guide to the partner visa AFP police check explains how to apply for the right one.

Sponsors must also provide overseas police certificates "from every country where you spent a total of 12 months or more in the last 10 years since you turned 16". Our answer on whether a police check is needed for a partner visa gives the short version.

The power to request these checks is in regulation 1.20KC of the Migration Regulations 1994, which applies to Subclass 300, Subclass 309 and Subclass 820 applications made on or after 18 November 2016. Under regulation 1.20KC(6), the Minister may refuse to approve the sponsorship if the checks are not provided within a reasonable time. Home Affairs warns sponsors that it could also refuse the visa application if the police checks are not provided within a reasonable time.

How long does a sponsor have to provide police checks?

The law does not define a reasonable time, but Department policy sets 28 days from the request to provide the checks, or at least evidence that they have been applied for. Policy also says extensions should be given flexibly where the sponsor shows they have applied.

This policy matters in practice. A sponsor who cannot obtain a foreign certificate within 28 days is not automatically at risk, provided they act. Under policy, the grounds to refuse arise only when the period ends and the sponsor has not provided the checks, has not shown they applied, has not explained the delay and has not engaged with the Department. The sponsor who replies, sends proof of the application and explains the overseas timeframe is in a very different position from the sponsor who ignores the letter.

When a foreign police check cannot be obtained

Some foreign police certificates cannot be obtained at all, or only with great difficulty. Department policy deals with this directly: if a foreign check cannot be obtained, the sponsor gives a statutory declaration on the standard Commonwealth form explaining their efforts and declaring any convictions, or that they have none. This is one of the few places in partner visa sponsorship where a statutory declaration is the correct document.

The sponsor should keep evidence of every attempt: application receipts, emails to the overseas police service, embassy correspondence and any refusal to issue. Our answer on what to do if you cannot get a police certificate and our guide to partner visa overseas police certificates explain the process country by country in general terms.

When sponsor police checks expire during processing

Sponsor police certificates are valid for 12 months from issue. In a long-running file, the original checks can expire before the decision. Home Affairs says that if the checks expire before the decision, "we will let you know if you need to provide them again".

Regulation 1.20KC is assessed at the time of decision, so policy expects the checks to be valid then. There is a policy exception: expired checks may be relied on if the delay was outside the couple's control and the expired checks show no relevant offence. Even so, a sponsor who is asked for a fresh check should provide it quickly. Waiting until the request arrives can add another partner visa sponsorship delay of weeks or months. Our guide to partner visa expired police checks and our answer on how long police certificates and health checks are valid explain when to update.

Cause 4: consent to disclose not given

A partner visa sponsorship delay can be caused by something as small as a missing consent. The sponsor must consent to the Department disclosing any convictions for relevant offences to the visa applicant. Without that consent, the sponsorship criterion cannot be met.

Home Affairs says: "You must also provide written consent for us to disclose any convictions for relevant offences to the visa applicant." The consent is a time of decision criterion for each first-stage visa: clause 820.221(4) for the Subclass 820, clause 309.222(2) for the Subclass 309 and clause 300.222(2) for the Subclass 300.

Under Department policy, if the sponsor is silent on consent, the Department asks again by letter. If the sponsor declines to consent, the visa criterion cannot be met and the visa is refused, after a section 57 letter. Consent already given on the sponsorship form does not need to be obtained again.

Most sponsors give consent on the online form without noticing. A partner visa sponsorship delay of this kind usually arises where the form was completed in a hurry, or where a sponsor with a past conviction is unsure what consent means. The consent covers only convictions for relevant offences, which are the offences listed in regulation 1.20KC(2). Under policy, convictions for other offences cannot be disclosed under this process. A sponsor who is worried about consent should get legal advice before refusing it, because a refusal of consent is fatal to the application.

Partner visa sponsorship delay cause 5: referral for character or child-protection assessment

A partner visa sponsorship delay often lasts longest when the sponsor's history is referred for closer assessment. Two regulations matter: regulation 1.20KC, which deals with relevant offences, and regulation 1.20KB, which protects children.

Regulation 1.20KC: relevant offences and significant criminal record

Regulation 1.20KC(3) says the sponsorship must be refused if the sponsor has been convicted of a relevant offence and has a significant criminal record for it, unless the Minister considers it reasonable to approve the sponsorship under regulation 1.20KC(4). Relevant offences include violence against a person, harassment, stalking, breach of an apprehended violence order, firearms offences, people smuggling, human trafficking, slavery, forced marriage, kidnapping and attempts or assistance in any of these.

Under regulation 1.20KD, a significant criminal record means a sentence of death, life imprisonment, a term of imprisonment of 12 months or more, or two or more terms totalling 12 months or more. A suspended sentence of 12 months or more counts.

When the Department considers whether it is reasonable to approve, it must have regard to the time since the sponsor completed the sentence, the best interests of any children of the sponsor or the applicant, and the length of the relationship. Where the delegate is inclined to approve, policy is to interview the visa applicant, preferably in person and without the sponsor present, and to disclose the convictions with consent. Each of these steps takes time, so a partner visa sponsorship delay in this category is expected, and it can be long. Our answer on whether you can get a partner visa if your sponsor has a criminal record and our guide to partner visa character requirements explain the wider rules.

Unresolved charges are treated differently. An unresolved charge cannot be the basis of refusal under regulation 1.20KC, but the delegate may defer the decision briefly.

Regulation 1.20KB: protection of children

Regulation 1.20KB applies to Subclass 309, Subclass 820 and Subclass 300 applications made on or after 27 March 2010. If the sponsor has a conviction for a registrable offence, meaning an offence of a type that could be listed on the Australian National Child Offenders Register, the sponsorship of all applicants must be refused. The exceptions are where all applicants are 18 or over at the time of decision, or the conviction has been quashed. A waiver is possible only where the sentence was completed more than 5 years before the sponsorship application, and it is discretionary.

An unresolved charge of that kind also bars approval unless all applicants are 18 or over or the charge is disposed of without a conviction. Separately, an unresolved charge for assault, violence or drug trafficking leads to deferral of the visa decision. Police checks under regulation 1.20KB are required from the sponsor where an applicant is under 18 at the time of the visa application.

Under the Department's processing codes, where these checks are "requirement outstanding", "evidence requested" or "evidence lodged", the sponsorship cannot be approved until the evidence is accepted. This is the clearest example of a partner visa sponsorship delay built into the process itself. If your family includes a child applicant and your sponsor has any history, get advice early. Our partner visa lawyers and our answer on whether a lawyer can help if your sponsor has a criminal record explain the help available.

What the Tribunal says about information concerning the sponsor

In Sathandla Halli Vijayakumar (Migration) [2022] AATA 91, a Subclass 820 case, the headnote records issues about the genuine and continuing relationship, insufficient information concerning the sponsor, the sponsorship declaration and a National Police Check. The Tribunal remitted the matter. The lesson is practical: when the Department says it has insufficient information about the sponsor, that is a partner visa sponsorship delay that the couple can address by supplying what is missing.

Partner visa sponsorship delay cause 6: the sponsorship limit near the five-year mark

A partner visa sponsorship delay can arise where the sponsor is close to the five-year sponsorship limit. Regulation 1.20J limits how often a person can sponsor a partner, and the Department must apply it at the time it decides the sponsorship.

Under regulation 1.20J:

• A sponsor can have at most two approved partner, fiancé or interdependent sponsorships in a lifetime.
• A new sponsorship cannot be approved until at least 5 years after the first visa application the sponsor sponsored was made.
• A person who was sponsored as a partner cannot have a partner sponsorship approved until 5 years after their own visa application was made.

Only earlier sponsorships that led to a visa grant count. A refused application does not count. A grant counts even if the person never travelled. A waiver is possible under regulation 1.20J(2) where there are compelling circumstances affecting the sponsor. Our partner visa sponsorship limitations lawyers act in these matters, and our guide on when a sponsor cannot sponsor a partner visa in Australia explains the rules in depth.

The five years run to the decision date

The five years run from the date of the earlier visa application to the date the current sponsorship is approved or refused. They do not stop at the date the new application is lodged. Department policy gives a worked example: a sponsor who is at 4 years and 9 months at lodgement can be approved once 5 years have passed by the time of decision.

The Tribunal has applied this in several remitted cases:

• In Rogers (Migration) [2020] AATA 4743, a Subclass 309 case, 5 years had not lapsed since the earlier visa application, but 5 years elapsed during the review process.
• In Dang (Migration) [2024] AATA 137, a Subclass 820 case, the application was made within 5 years of the previous sponsorship, and 5 years had since passed. The decision was made without a hearing.
• In Da Silva (Migration) [2021] AATA 4909, a Subclass 309 case, the application was made less than 5 years after the previous sponsorship, and the limitation period had since passed.

A sponsorship limit is a matter for advice, not tactics

This rule is easy to misread. It does not mean a couple should lodge early and hope for a partner visa sponsorship delay to carry them over the line. The Department may decide sooner than expected. If it decides before the five years are up, and no waiver applies, the sponsorship must be refused, and the visa with it. The cases above were decided on review, after a refusal, not by relying on a delay at the Department.

Whether to lodge, when to lodge, and whether to seek a waiver for compelling circumstances are decisions for legal advice. Do not try to create a delay without that advice. Our answer on whether a lawyer can help if your sponsor has sponsored a partner before, our answer on whether you can sponsor more than one partner and our answer on sponsoring a partner after being sponsored yourself cover the common situations. If a refusal has already happened, read how to challenge a refusal involving sponsorship limitations.

Cause 7: problems with the sponsor's own status

A partner visa sponsorship delay can arise when the sponsor's own status is in question. The sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and the Department must be satisfied of that before it approves the sponsorship.

Status problems include:

• New Zealand citizens. An eligible New Zealand citizen is, in short, a protected Special Category Visa holder under the Social Security Act 1991. Many New Zealand citizens in Australia do not meet that definition. Home Affairs suggests those who do not qualify may look at the Subclass 461 visa for their partner. Our answer on whether a New Zealand citizen can sponsor a partner visa explains the test.
• Temporary visa holders. A sponsor on a temporary visa cannot sponsor a partner visa. Our answer on whether a temporary visa holder can sponsor deals with this.
• Cancellation of the sponsor's own visa. If a permanent resident sponsor's visa is cancelled, the sponsor may no longer hold the status the law requires, and the partner visa cannot be decided until the cancellation is resolved.
• Age. A sponsor must be 18 or over. If the partner is under 18 and married to the applicant, a parent or guardian may sponsor.

A status-based partner visa sponsorship delay often needs work outside the partner visa file itself, such as a review of the sponsor's own visa decision. Our visa cancellations team acts where a sponsor's visa is under threat.

Requests for information and natural justice letters

Most partner visa sponsorship delay situations come to a head in a letter from the Department. A request for information under section 56 asks for something specific. A natural justice letter under section 57 invites comment on information that could lead to refusal.

A section 56 request might ask the sponsor for police checks, identity documents, evidence of usual residence or the sponsorship form itself. A section 57 letter is more serious. It usually comes when the Department is considering refusal, for example because a sponsor did not provide checks, did not give consent, or has a relevant conviction. Under policy, the reasons and details of the sponsor's convictions are not put to the applicant in that letter.

Every reply must be complete, on time and correctly addressed, because a poor reply extends the partner visa sponsorship delay rather than ending it. The Department sends requests for sponsor police checks to the sponsor directly, not the applicant, and not to the applicant's representative unless the sponsor has appointed one. A sponsor who does not check their own email can miss the request entirely. That is a partner visa sponsorship delay that can turn into a refusal.

Our guides cover each step:

• Partner visa section 56 request: how to respond, and our answer on how long you have to respond to a section 56 request.
• Requesting more time on a partner visa section 56 request, and our answer on what to do if you cannot provide what a section 56 request asks for.
• The section 57 natural justice letter for a partner visa, and our answer on whether a section 57 letter means the partner visa will be refused.
• The difference between a section 56 request and a section 57 letter.

If a request was missed and the visa has already been refused, read our answer on a partner visa refused after a missed request for information.

Does a partner visa sponsorship delay mean the visa will be refused?

No. A partner visa sponsorship delay does not by itself cause a refusal. The Department refuses a partner visa only when a criterion is not met, and delay is not a criterion.

The danger is what a delay can become. Three situations turn a partner visa sponsorship delay into a refusal risk:

• An unanswered request. If the sponsor does not provide requested police checks within a reasonable time, the Department may refuse the sponsorship under regulation 1.20KC(6) or regulation 1.20KB(12).
• A sponsorship that is never lodged or approved. The time of decision criterion fails, and the visa must be refused.
• A refusal of consent to disclose. The criterion cannot be met.

A slow foreign police service, a long character referral or a heavy Department workload does not, on its own, justify refusal. In other words, a partner visa sponsorship delay caused by factors outside your control is not, by itself, a ground for refusal. What matters is that the couple engages, replies and keeps the file current. Our guide to partner visa refusal reasons sets out the grounds the Department actually uses.

If the visa is refused because of the sponsorship

If the Department refuses the visa because the sponsorship could not be approved, there may be a right of review at the Administrative Review Tribunal. The application must be made within 28 days after notification, or 7 days if the applicant is in immigration detention. The time limit cannot be extended. For an onshore Subclass 820 refusal, the visa applicant applies, and must be in Australia. For a Subclass 309 refusal, the visa applicant applies in their own name, from anywhere. For a Subclass 300 refusal, the sponsor applies. Our partner visa refusal lawyers, our guide to the partner visa ART review process and our answer on who must apply for review of an offshore spouse visa refusal explain the next steps. Our answer on what happens if a partner's sponsorship is refused covers the wider consequences.

Can a partner visa sponsorship delay be prioritised?

Sometimes. The Department processes family visas under a Ministerial Direction on processing priorities, and earlier Department policy allowed delegates to depart from the usual order for compelling compassionate reasons, such as a life-threatening condition affecting the applicant or the sponsor.

A priority request does not fix a partner visa sponsorship delay that is caused by missing material. If the sponsor's police check is outstanding, the Department still cannot approve the sponsorship, however strong the compassionate grounds. Fix the sponsorship first. Then consider whether a priority request is justified and what evidence supports it. Our guide to partner visa priority processing and our answer on whether a lawyer can request priority processing explain how such requests are made.

What can the couple do to fix a partner visa sponsorship delay?

The couple can fix most causes of a partner visa sponsorship delay by doing three things: responding fully, keeping the sponsor's checks current and telling the Department about changes.

Respond fully and on time

The fastest way to end a partner visa sponsorship delay is to answer every request from the Department completely, before the deadline, and in the form it asks for. If something cannot be provided in time, say so in writing, explain why and give evidence of the steps taken. A partial reply with an explanation is far better than silence. Our answer on whether a lawyer can respond to a request for more information explains the help available.

Keep the sponsor's police checks current

Track the issue dates of the sponsor's AFP and overseas police certificates. Expired checks are a repeat cause of partner visa sponsorship delay in long-running files. If the file is still open as the 12-month validity period approaches, consider whether a fresh check is needed. Start foreign applications early, because some overseas police services take months.

Tell the Department about changes

Applicants must notify the Department of changes under section 104 of the Migration Act, such as the relationship ending. Sponsors should also update contact details so that requests reach them. If the relationship ends, Home Affairs asks the sponsor to tell it as soon as possible using the Partner Processing Enquiry Form. Removing an application from ImmiAccount does not withdraw it. Our answer on whether a sponsor can withdraw their sponsorship and our answer on whether you can change your sponsor during a partner visa application explain those situations.

Check the file regularly

Log in to ImmiAccount regularly and check for new correspondence. Many a partner visa sponsorship delay begins with a letter nobody read. Our guide to checking your partner visa application status explains what each status means. If you suspect a document never reached the Department, a request for your immigration file may help. Our guide to the partner visa FOI request explains how. If your file has simply been waiting a long time, our guide to partner visa processing delays covers delays that are not sponsor-related, and our answer on whether a lawyer can help when a partner visa is taking too long explains when to get advice.

How My Migration Lawyers helps with a partner visa sponsorship delay

My Migration Lawyers acts for applicants and sponsors whose partner visa sponsorship delay has stalled their case. The firm deals with complex sponsorship matters, acts in many matters of this exact type, and is capable of handling them, including sponsors with criminal history and sponsors near the five-year limit.

On a partner visa sponsorship delay, the firm's work is concrete:

• Diagnosing the cause. The firm reviews the ImmiAccount file, the sponsorship form, the TRN link, every Department letter and the sponsor's documents to find exactly what is holding up approval.
• Fixing the sponsorship itself. Where the sponsorship is missing, unlinked or incomplete, the firm prepares and lodges what is needed and checks it reached the right application.
• Managing police checks. The firm identifies every country that requires a check, confirms the correct AFP purpose code, tracks expiry dates, and prepares the sponsor's statutory declaration where a foreign check cannot be obtained.
• Answering requests. The firm prepares complete, timely replies to section 56 requests and section 57 letters, and asks for more time where it is justified.
• Character and child-protection assessments. Where regulation 1.20KC or regulation 1.20KB applies, the firm presents the sponsor's history and the couple's own evidence in the form the law requires, including the matters the Department must consider when deciding whether approval is reasonable.
• Sponsorship limits. The firm advises on the five-year rule, the decision-date timing and whether a waiver for compelling circumstances is available. The lawyer decides the strategy with the couple, not by guesswork.
• Review if refused. Where a refusal has already happened, the firm acts on Tribunal reviews within the strict deadline.

The firm acts for couples across Australia by video consultation, and for sponsors who are overseas, from its office at Level 1, 60 Martin Place, Sydney NSW 2000. Clients come from every state, including those working with our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide. Partner visa matters are overseen by Weiwei Zhang, Principal Lawyer. The firm also handles visa refusals and family violence partner visa matters where a sponsorship has broken down. For quick answers to common questions, see our partner visa questions.

No lawyer can promise how quickly the Department will decide, or what it will decide. What the firm can do is find the cause of the partner visa sponsorship delay, fix what can be fixed, and make sure nothing on the sponsor's side gives the Department a reason to refuse.

Book a consultation with My Migration Lawyers to have your partner visa sponsorship delay reviewed. You can also call us on 1300 040 300.