Key Takeaways
- A partner visa sponsorship not lodged by the time the Department decides the case means the visa must be refused, because approval of the sponsorship is a time of decision criterion for Subclass 820, Subclass 309 and Subclass 300.
- In most cases the visa application is still valid without the sponsorship form. The main exceptions are an onshore applicant affected by section 48, who must provide the signed sponsorship at the same time and place as the application, and Subclass 300, which cannot meet its criteria without the sponsorship form.
- No published rule says the Department must send a reminder or give a set deadline for a partner visa sponsorship not lodged. Couples should never wait for a request.
- The sponsor can lodge from inside or outside Australia, using their own ImmiAccount or the applicant's ImmiAccount, with the applicant's Transaction Reference Number (TRN) or application ID.
- After a refusal, an application for review to the Administrative Review Tribunal (ART) must be made within 28 days after notification (7 days in detention), and that time cannot be extended. The Tribunal has remitted cases where the sponsorship was provided during the review.
- A sponsor who will not lodge, a relationship that has ended, family violence or the death of the sponsor each raise different legal options. Get advice before the decision is made, not after.
A partner visa sponsorship not lodged is one of the most common and most avoidable reasons a partner visa is refused in Australia. The visa application can usually be made and accepted as valid without the sponsorship. But the Department cannot grant the visa unless the sponsorship has been lodged and approved by the time it makes its decision.
If you are dealing with a partner visa sponsorship not lodged, the timing is everything. Before the decision, the problem can usually be fixed in a few hours by the sponsor completing the online form. After the decision, the only way to fix it is usually through a review at the Administrative Review Tribunal, with a strict deadline.
This guide explains what the law says, what the Department does, why sponsors fail to lodge, and what the applicant can do at each stage. It covers onshore Subclass 820 partner visas, offshore Subclass 309 partner visas and the Subclass 300 Prospective Marriage visa. For the full framework, see our complete guide to partner visas in Australia.
Partner visa sponsorship not lodged: what happens to the application?
If the sponsorship is not lodged and approved by the time of decision, the Department must refuse the visa. There is no discretion to grant the visa without an approved sponsorship.
The reason is the structure of the Migration Regulations 1994. Each partner visa has criteria that must be met at the time of application and criteria that must be met at the time of decision. Approval of the sponsorship sits in the second group. The relevant clauses are clause 820.221(4)(a) for Subclass 820, clause 309.222(1) for Subclass 309 and clause 300.222(1) for Subclass 300.
The Department's own policy 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." So a partner visa sponsorship not lodged is not a problem on day one. It becomes fatal on the day a delegate picks up the file and decides it.
That is why many couples do not realise anything is wrong. The visa application was accepted. A bridging visa may have been granted. Health checks and biometrics may have been done. Months pass. Then a refusal arrives, and the reason given is that the applicant is not sponsored by an approved sponsor. A partner visa sponsorship not lodged often sits quietly on the file until it is too late.
A refusal on this ground is not a finding that your relationship is not genuine. It is a technical failure. That matters later, because a technical failure is often easier to cure on review than a finding about the relationship. Our guide to partner visa refusal reasons explains how this ground differs from the others.
The temporary and permanent stages are refused together
If the Subclass 820 is refused, the delegate must also refuse the Subclass 801 as a separate decision. The same applies to Subclass 309 and Subclass 100. A partner visa sponsorship not lodged therefore ends both stages of the combined application at once. You can read more about how the two stages fit together in our guide to temporary vs permanent partner visas.
Is the application valid with a partner visa sponsorship not lodged?
Yes, in most cases. The sponsorship form is not a Schedule 1 validity requirement for Subclass 820, Subclass 309, Subclass 801 or Subclass 100. A valid visa application can be made before the sponsor lodges anything.
This is the normal sequence. The applicant lodges first. The applicant then gives the TRN or application ID to the sponsor. The sponsor then lodges the sponsorship using that number. The system is designed so that a partner visa sponsorship not lodged on the same day is expected and lawful.
So if you have just lodged and the sponsorship is not in yet, you have not made an invalid application. You have an incomplete one. Our guides on invalid partner visa applications and on whether an ImmiAccount acknowledgement proves an application is valid explain the difference between an invalid application and an application that will fail on its criteria.
The section 48 exception for onshore applicants
There is one important exception. If section 48 of the Migration Act 1958 applies to an onshore applicant, the sponsorship timing changes completely. Section 48 usually affects a person in Australia who has had a visa refused or cancelled since they last entered Australia, and who does not hold a substantive visa.
For a section 48 applicant, Schedule 1 subparagraph 1124B(3)(e)(ii) requires the completed and signed sponsorship form to be provided "at the same time and place as making the application". The applicant must also give two statutory declarations from Australian citizens, Australian permanent residents or eligible New Zealand citizens (not the partner), each made no more than 6 weeks before the application. In this situation a partner visa sponsorship not lodged at the moment of application is not a later problem. It can mean the application is not valid at all.
A section 48 applicant also cannot validly apply if they have had a partner visa refused since they last entered Australia. That rule becomes very important after a refusal, and we return to it below. If you have had a previous refusal, read our guides to applying for a partner visa after a visa refusal in Australia and the extra lodgement requirements after a previous refusal.
The Subclass 300 Prospective Marriage visa
For the Subclass 300, the Department's policy states that without the sponsorship form nominating the intended sponsor, "an application will not meet the criteria for the grant of a Subclass 300". The fiancé visa cannot proceed without it. A partner visa sponsorship not lodged in a Subclass 300 case should be treated as urgent from the day the visa application goes in.
Time of application versus time of decision: why the sponsorship matters later
At the time of application, the law only requires that the applicant is "sponsored" by an Australian citizen, Australian permanent resident or eligible New Zealand citizen partner. At the time of decision, the law requires that the sponsorship has been approved.
This two-step design is the key to understanding a partner visa sponsorship not lodged. It explains three practical points.
- The application survives. Because only the time of decision criterion is missing, the application stays alive until a decision is made.
- The problem can be fixed before the decision. If the sponsor lodges before the delegate decides, the criterion can still be met.
- The problem can sometimes be fixed after a refusal. Because the criterion is assessed at the time of decision, a review body deciding the case again may be able to take into account a sponsorship that is lodged later. We discuss the Tribunal cases in Body C.
The approval of the sponsorship is also not a separate decision. It forms part of the visa decision under section 65 of the Migration Act. The Department does not send a separate notice to the sponsor. Home Affairs tells sponsors: "We will let the visa applicant know our decision in writing." So the sponsor may never receive any warning that a partner visa sponsorship not lodged has caused a refusal. The applicant receives the refusal letter. Our guide to the partner visa refusal letter explains how to read it.
How should the sponsorship have been lodged?
The sponsor lodges the online form "Sponsorship for a Partner to Migrate to Australia" through ImmiAccount after the applicant has applied and given the sponsor the TRN or application ID. The form is sometimes called form 40SP.
Home Affairs states the key rules for sponsors in plain terms:
- "Apply after the applicant has applied for their visa and given you their Transaction Reference Number (TRN) or application ID."
- "You must apply online."
- "You can be inside or outside Australia when you apply to sponsor."
- "You can apply using your partner's ImmiAccount, or your own ImmiAccount."
The pathway in ImmiAccount is: log in, select "New application", select "Family", select "Sponsorship for a Partner to Migrate to Australia", complete the form using the TRN, and attach the documents. Home Affairs tells applicants that the sponsor "should apply to sponsor you as soon as possible after you apply for this visa."
The sponsor must also be eligible. The sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and must be 18 or older. Our pages on who can sponsor a partner visa, what documents the sponsor needs to provide and how to prove the sponsor is an Australian citizen cover those requirements. A sibling article in this series covers the lodgement steps in detail, so this guide focuses on what happens when the partner visa sponsorship not lodged problem has already arisen.
If you are not sure whether the sponsorship went in, check before you assume anything. Our guides on using ImmiAccount for a partner visa, partner visa lodgement confirmation and checking your partner visa application status explain what to look for.
Why is a partner visa sponsorship not lodged? The common reasons
Sponsors fail to lodge for ordinary human reasons far more often than for legal ones. Understanding the reason matters, because the fix depends on it. A partner visa sponsorship not lodged because of a forgotten step is solved very differently from one caused by a sponsor who refuses to cooperate.
The sponsor forgot or assumed it was done
This is the most common reason. Couples often believe that one online application covers both partners. Some believe that paying the visa application charge completed the process. Others assume a friend, family member or previous representative lodged the sponsorship for them. The applicant then receives an acknowledgement for the visa application and treats it as proof that everything is in.
A partner visa sponsorship not lodged for this reason is usually easy to fix before a decision. The sponsor simply completes the form with the TRN. The longer a partner visa sponsorship not lodged is left, the greater the risk that a delegate decides the case first. If a previous representative was meant to lodge it, our guides on a partner visa refused because of an agent's mistake and on accessing an application lodged by an agent or lawyer may help.
Technical problems with ImmiAccount
Some sponsors start the form and never submit it. Others create a second ImmiAccount, lose their login, or link the sponsorship to the wrong TRN. A form saved as a draft is not lodged. In law, a draft sitting in ImmiAccount is still a partner visa sponsorship not lodged. A sponsorship linked to the wrong application does not help the right one.
The safest check is to log in and look for a submitted sponsorship application with its own reference, linked to the correct visa application. If the sponsor needs to start again, our guide on how to create an ImmiAccount and our article on partner visa ImmiAccount uploads explain the practical steps.
Removing an application from ImmiAccount does not withdraw it. Home Affairs states that "Removing an online application from ImmiAccount does not withdraw it." In the same way, deleting a draft sponsorship from the screen does not mean anything was lodged.
The sponsor is overseas
A sponsor who is working or living overseas sometimes believes they cannot lodge until they return. That is wrong. Home Affairs says the sponsor can be inside or outside Australia when they apply to sponsor. The form is online. A sponsor overseas can lodge from anywhere with internet access, so being abroad is never a reason to leave a partner visa sponsorship not lodged.
Where the sponsor is overseas for a long period, other questions arise about the relationship and about whether a permanent resident sponsor still usually lives in Australia. Our pages on whether a sponsor can live overseas while a Subclass 820 is processed, whether an Australian living overseas can sponsor a partner and on partner visa extended overseas absence cover those issues.
The sponsor's police checks or documents are not ready
Some sponsors delay lodging the form until they have every document, especially the Australian Federal Police check and overseas police certificates. This is a mistake. Home Affairs says sponsors "should provide all required information with your application, or as soon as possible after applying to sponsor". The form can go in first and documents can follow.
Waiting for documents can turn a short delay into a partner visa sponsorship not lodged at the time of decision. If police certificates are the issue, see our guides to the partner visa AFP police check, overseas police certificates and what to do if you cannot get a police certificate.
The relationship is under strain
Sometimes a sponsor delays because the relationship is going through a difficult period. The sponsor may be unsure whether to continue. They may not want to sign a document that commits them to support the applicant. A partner visa sponsorship not lodged in this situation is a warning sign, but it is not always the end of the relationship. Couples go through temporary separations and reconcile. The legal question is whether the relationship is genuine and continuing at the time of decision. If the couple are working things out, a partner visa sponsorship not lodged should still be dealt with, because the application can be refused on that ground alone while the relationship is recovering.
The sponsor refuses, or uses the sponsorship as control
Some sponsors refuse to lodge the sponsorship as a way to control the applicant. The message is: behave as I want, or I will not sponsor you. This is a serious situation. A partner visa sponsorship not lodged as a threat is not a paperwork problem. It may be a safety problem. The Department's policy recognises the risk of a controlling sponsor in sponsorship assessments. Where a delegate is considering approving a sponsor with relevant convictions, policy is to interview the applicant, preferably without the sponsor present, to make sure the applicant is not "forced, coerced or intimidated".
If a sponsor's refusal to lodge is part of a pattern of threats, isolation or financial control, the applicant should get legal advice early. Our page on whether emotional, financial or psychological abuse can count as family violence and our page for applicants whose sponsor is abusive are a starting point. We discuss the family violence pathway in outline below.
The sponsor has died
If the sponsor dies before lodging the sponsorship, the applicant faces a partner visa sponsorship not lodged that the sponsor can never fix. The law contains specific provisions where a sponsor dies, and the Tribunal has considered cases of this type. The options depend on the stage of the application and the evidence of the relationship before the death. See our guides on partner visa options after a partner's death and what happens to a partner visa if the sponsor dies.
The sponsorship was lodged, but not for everyone
A sponsorship can be lodged and still leave a gap. Secondary applicants, such as the applicant's children, must be included in the sponsorship. Clause 820.311(b) and clause 820.325 require secondary applicants to be covered by a sponsorship that is approved and in force. A sponsorship that names only the primary applicant can leave a child exposed. For that child, the result can be the same as a partner visa sponsorship not lodged at all. Our guides on partner visa stepchildren and on adding a child after lodging explain the wider issues for children.
What does the Department do with a partner visa sponsorship not lodged?
There is no published rule that requires the Department to send a reminder or set a deadline for a partner visa sponsorship not lodged. We have not found any primary source describing a standard Department reminder process for a missing sponsorship. Couples should assume that no reminder will come.
In practice, a delegate who notices the gap may write to ask for the sponsorship or for other missing information. That kind of request is often called a request for information. Our guide to responding to a section 56 request for more information and our page on what a section 56 request for a partner visa is explain how these requests work and why the response date matters.
Section 57 letters and natural justice
In some sponsorship cases, the Department writes to the applicant under section 57 of the Migration Act before refusing. Section 57 deals with information that would be the reason, or part of the reason, for refusing the visa, and gives the applicant a chance to comment. For example, in sponsorship assessments under regulation 1.20KC, the Department's policy says the applicant receives a section 57 invitation before the visa is refused because the sponsorship is not approved.
Do not assume you will receive a section 57 letter for a partner visa sponsorship not lodged. Whether section 57 applies depends on what the delegate is relying on. If you do receive one, it is your last clear chance to fix the problem before a decision. Read our guides to the section 57 natural justice letter for a partner visa, how to respond to a section 57 letter, how long you have to respond and the difference between a section 56 request and a section 57 letter.
If the request is missed
A missed request is how many partner visa sponsorship not lodged cases end in refusal. The letter goes to an email address nobody checks, or to an authorised recipient, or to the applicant while the sponsor is the person who needs to act. The response date passes. The delegate then decides on the information available.
If this has already happened, see our page on a partner visa refused after a missed request for information and the review options set out in Body C.
The sponsor's police checks after lodgement
Even where the form is lodged, the sponsorship can still fail if requested police checks are not provided. Home Affairs states that it will refuse the visa application if the sponsor does not provide the checks. It also says it could refuse the visa application if the checks are not provided within a reasonable time. Under regulation 1.20KC, the Department's policy is to allow 28 days from the request to provide the checks or at least evidence that they were requested, with flexible extensions where the sponsor shows they have applied.
The sponsor must also give written consent for the Department to disclose any convictions for relevant offences to the applicant. If the sponsor declines that consent, the criterion cannot be met and the visa is refused. A sponsorship that is lodged but never completed can end in the same refusal as a partner visa sponsorship not lodged at all.
Partner visa sponsorship not lodged: what the applicant can do before the decision
The applicant can act quickly to get the sponsorship lodged, record the problem in writing, and protect the application while the sponsor acts. The applicant cannot lodge the sponsorship on the sponsor's behalf as if they were the sponsor, because the sponsorship is the sponsor's own application and declaration.
If you are the applicant and you suspect a partner visa sponsorship not lodged, take these steps. Each step is aimed at fixing the partner visa sponsorship not lodged problem before a delegate decides the case.
- Check ImmiAccount first. Confirm whether a submitted sponsorship exists, linked to your TRN or application ID. Do not rely on memory or on what someone told you.
- Give the sponsor the TRN in writing. Send it by email or message so there is a record. Include the exact steps: "New application", "Family", "Sponsorship for a Partner to Migrate to Australia".
- Ask the sponsor to lodge now, with documents to follow. The form should go in even if the police checks are not yet available.
- Check that every applicant is included. If children are part of the application, confirm they are covered by the sponsorship.
- Check every email address on the file. Make sure Department correspondence reaches someone who reads it.
- Respond to any Department letter before the date in the letter. If the Department has asked for the sponsorship, provide it, or explain what is happening and when it will be provided.
- Report changes properly. If the relationship has ended or your circumstances have changed, use the correct process. See our guide to Form 1022 change of circumstances.
If the sponsor needs help, a lawyer can act for the sponsor too, as long as the sponsor appoints the lawyer. Under the regulation 1.20KC policy, requests to the sponsor go to the sponsor directly, not through the applicant's representative, unless the sponsor has appointed one. Our guide to Form 956 and Form 956A explains how appointment works.
If the application was lodged without a lawyer, a lawyer can still step in. See hiring an immigration lawyer after lodging your own visa application and whether a lawyer can take over a partner visa you lodged yourself. For a fast check of a live file, our urgent visa lodgements service deals with time-critical matters.
What if the relationship has ended or there is family violence?
If the relationship has ended, a partner visa sponsorship not lodged is usually only one part of a larger legal problem. The applicant must still meet the relationship criteria unless a special provision applies, such as family violence, the death of the sponsor, or a child of the relationship. These options are outlined here and need individual advice. An applicant facing a partner visa sponsorship not lodged after a breakdown should not assume the application is over.
When the sponsor withdraws or the relationship ends
A sponsor can withdraw sponsorship at any time before the Department decides the permanent Subclass 801 application. Home Affairs states that after withdrawal "the applicant may still be eligible for the permanent partner visa". Withdrawal is also treated as evidence about the end of the relationship. Home Affairs asks sponsors to tell the Department when a relationship ends and says it "will not correspond with you about your ex-partner's visa application."
Our guides on what happens if you break up during the partner visa process, whether a sponsor can withdraw sponsorship after you apply, what happens if a sponsor withdraws but you reconcile and what happens to a Subclass 820 application if the relationship breaks down cover these questions. For Subclass 300 couples, see what happens if you break up on a Prospective Marriage visa.
Family violence
The family violence provisions exist "to avoid a situation where a visa applicant feels compelled to remain in a violent relationship for fear of losing their eligibility for permanent residence". The relationship must have been genuine until it ended. There is no need to show that it ended because of the violence.
A sponsor who refuses to lodge the sponsorship as a form of control may be part of a wider pattern that should be assessed under these provisions. This is not a decision an applicant should make alone. Where a partner visa sponsorship not lodged is linked to abuse, the safety of the applicant comes first, and the legal options can then be assessed. Our family violence partner visa lawyers page, our guide to partner visa family violence options and our page on family violence evidence explain how these claims are presented.
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Refusal for a partner visa sponsorship not lodged: who can apply for review?
Who applies for review depends on the visa subclass and where the applicant is. A partner visa sponsorship not lodged can be challenged at the Administrative Review Tribunal, but the wrong person lodging, or lodging late, can lose the review right completely.
- Subclass 820 and Subclass 801 (onshore): only the visa applicant can apply for review, and the applicant must be in Australia. The sponsor cannot lodge the review of an onshore refusal.
- Subclass 309 and Subclass 100 (offshore, refused at the first stage): the visa applicant applies for review in their own name, from anywhere. This follows section 338(9) of the Migration Act and regulations 4.02(4)(saa) and 4.02(5)(raa), inserted by the Migration Amendment (Subclass 309 Applicant Review Rights) Regulations 2023. Older Department guidance saying the sponsor must apply is out of date.
- Subclass 300 (Prospective Marriage): the review must be made by the sponsor of the applicant, under regulation 4.02(5)(r)(i).
- Subclass 100 refused while the applicant is offshore: there is no review right.
Our guides on who can lodge a partner visa appeal and who must apply for review of an offshore spouse visa refusal explain these rules in more detail.
The 28-day deadline
An application for review must be made within 28 days after the day you are notified of the decision, or 7 days if you are in immigration detention. This comes from section 347(3) of the Migration Act, and the Department's merits review instruction states that the timeframe "cannot be extended". This applies to a partner visa sponsorship not lodged refusal in the same way as any other refusal.
For a partner visa sponsorship not lodged refusal, the deadline runs from notification, which may be earlier than the day you open the email. If the refusal was sent to a representative, the clock may already be running. See our guides to the partner visa appeal deadline, how to work out the review deadline and when the deadline starts if the refusal went to your agent. If the deadline is close, read partner visa refused and the Tribunal deadline is close and act today.
Can a partner visa sponsorship not lodged be fixed during the ART review?
Yes, and the Tribunal has remitted partner visa refusals where the sponsorship was provided during the review. Because approval of the sponsorship is a time of decision criterion, a partner visa sponsorship not lodged before the Department's decision does not always end the case.
The following Administrative Appeals Tribunal decisions illustrate the point. Each was remitted, meaning the refusal was set aside and the case was sent back to the Department to continue processing. Together they show how the Tribunal has approached a partner visa sponsorship not lodged and related sponsorship gaps.
Martine (Migration) [2023] AATA 690
In Martine (Migration) [2023] AATA 690, a Subclass 309 case, the applicant had failed to provide the sponsorship form 40SP. The completed form 40SP was then provided. The Tribunal found that the applicant was now sponsored, and remitted the matter. This is the clearest example of a partner visa sponsorship not lodged being cured on review.
Manalo (Migration) [2024] AATA 1927
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 reported issues included COVID restrictions and access issues, prehearing, oral and witness evidence, and departmental policy. The Tribunal remitted the matter. The case shows that the reasons behind a partner visa sponsorship not lodged, and the evidence given about those reasons, can matter at review.
Yasa (Migration) [2021] AATA 4402
In Yasa (Migration) [2021] AATA 4402, a Subclass 309 case, the reported issues were evidence of sponsorship and the genuine and continuing relationship. The Tribunal remitted the matter. The case is a reminder that fixing the sponsorship is only one part of the review. The Tribunal must also be satisfied about the relationship itself.
Sathandla Halli Vijayakumar (Migration) [2022] AATA 91
In Sathandla Halli Vijayakumar (Migration) [2022] AATA 91, a Subclass 820 case, the reported issues were the genuine and continuing relationship, insufficient information concerning the sponsor, the sponsorship declaration and a National Police Check. The Tribunal remitted the matter. This case shows that a sponsorship that is lodged but incomplete raises similar problems to a partner visa sponsorship not lodged.
What a remittal means
A remittal is not a visa grant. The Department continues processing the application, and other criteria must still be met. See our page on whether a visa will be granted if the Tribunal sends the case back. For the process itself, see how the partner visa ART review works, what to expect after your visa is refused, what happens at a Tribunal hearing and whether you can give the Tribunal new evidence.
Lodge the review first, then fix the sponsorship
Do not delay the review application while the sponsor gets organised. The review can be lodged before all the evidence is ready. See can I lodge a review before I have all my evidence. The sponsor should then lodge or complete the sponsorship as soon as possible, with the police checks, consent to disclose and identity documents. How the completed sponsorship is put before the Tribunal and the Department should be planned with your lawyer, because the case record must show clearly that the applicant is now sponsored.
A review of a partner visa sponsorship not lodged refusal also needs the relationship evidence to be up to date. The couple's own account of the relationship should be current, and Form 888 statements from people who know the couple can help. See our guides on partner visa appeal submissions, who can sign a Form 888 and the genuine and continuing relationship test.
Should you seek review or lodge a new partner visa application?
For most onshore applicants, review is the safer path after a partner visa sponsorship not lodged refusal. A new onshore application may not be available. Section 48 can apply after a refusal, and a section 48 applicant cannot validly apply for a partner visa if they have had a partner visa refused since they last entered Australia.
For offshore Subclass 309 applicants, a new application may be possible, but it means paying the visa application charge again (from AUD11,710 for most applicants, as published by the Department in October 2026) and starting processing again. As published by the Department in October 2026, 50% of Subclass 309 applications were processed in 21 months and 90% in 32 months. Those figures show what is at stake in losing an application that has already been waiting because of a partner visa sponsorship not lodged.
The choice depends on your visa history, your location, the time already spent waiting and the strength of the evidence. Read our guides on partner visa appeal vs reapplication, whether to seek review or lodge a new application and reapplying for a partner visa after refusal.
What about bridging visas, work and travel after a refusal?
These questions depend on the visa you held before, the bridging visa granted with the application and whether a review is lodged in time. They need advice on your own visa record. A partner visa sponsorship not lodged refusal has the same consequences for your bridging visa as any other partner visa refusal.
Our guides on the bridging visa after a partner visa refusal, what happens to your bridging visa if your partner visa is refused, working after a refusal and travelling after a refusal explain the general position. If your bridging visa is about to end, see my bridging visa ends soon after my partner visa refusal.
How My Migration Lawyers helps with a partner visa sponsorship not lodged
My Migration Lawyers acts for applicants and sponsors in partner visa sponsorship not lodged matters at every stage: before the Department decides, after a request or section 57 letter, and after a refusal at the Administrative Review Tribunal. We deal with complex sponsorship cases, including sponsors overseas, sponsors who are not cooperating, relationships under strain and cases with family violence.
Before a decision, we treat a partner visa sponsorship not lodged as urgent. We check the ImmiAccount record to confirm whether a sponsorship exists, whether it is linked to the correct TRN and whether every applicant is included. We prepare the sponsor's documents, organise the AFP and overseas police certificates and the consent to disclose, and lodge the sponsorship with the sponsor's authority. Where the Department has written, we respond within the time in the letter.
After a refusal, we confirm who must lodge the review for your subclass, calculate the 28-day deadline and lodge the review application. We then plan the sponsorship lodgement and the relationship evidence so the Tribunal has what it needs. The couple's own account of the relationship is their evidence, reviewed and corrected by them. We present it, with the Form 888 statements and documents, in the form the law requires. The lawyer decides the strategy.
We act in many partner visa sponsorship not lodged matters and in the wider range of partner visa refusals and visa refusals. We also advise sponsors affected by partner visa sponsorship limitations and applicants who need a Schedule 3 waiver. Learn more about our partner visa lawyers, our Principal Lawyer Weiwei Zhang, and our partner visa ART appeal work.
Our office is at Level 1, 60 Martin Place, Sydney NSW 2000. We consult by video Australia-wide and with sponsors and applicants overseas, including clients of our Sydney, Melbourne, Brisbane and Perth partner visa practices.
If you are facing a partner visa sponsorship not lodged, whether the decision is still pending or a refusal has already arrived, do not wait. Book a consultation with My Migration Lawyers to have your file checked and a plan put in place before the deadline. You can also call us on 1300 040 300.
Frequently Asked Questions
Will my partner visa be refused if the sponsorship was not lodged?
Yes, if the sponsorship is still not lodged and approved when the Department decides the case. Approval of the sponsorship is a time of decision criterion for Subclass 820, Subclass 309 and Subclass 300. A partner visa sponsorship not lodged by that point means the criterion cannot be met, and the delegate has no power to grant the visa. The refusal also covers the permanent stage, so the Subclass 801 or Subclass 100 is refused at the same time. The good news is that the problem can usually be fixed if the sponsor lodges before the decision is made.
Is my partner visa application invalid if my sponsor has not lodged the sponsorship yet?
No, in most cases. The sponsorship form is not a validity requirement for Subclass 820, Subclass 309, Subclass 801 or Subclass 100, so a valid application can be made before the sponsor lodges. The normal process is that the applicant lodges first and then gives the TRN to the sponsor. The main exception is an onshore applicant affected by section 48 of the Migration Act, who must provide the completed and signed sponsorship at the same time and place as the application.
How long does my sponsor have to lodge the partner visa sponsorship?
There is no published fixed deadline. The law only requires the sponsorship to be approved by the time of decision, and a delegate can decide the case at any time once it is allocated. Home Affairs says the sponsor should apply as soon as possible after the visa application is lodged. In practice, a partner visa sponsorship not lodged within days of the visa application is a risk that grows every week. The safest course is for the sponsor to lodge within a few days, with documents to follow.
Will the Department remind us if the partner visa sponsorship was not lodged?
You should not expect a reminder. No published rule requires the Department to send one or to give a set deadline for a missing sponsorship. A delegate who notices the gap may write to ask for it, but that letter may go to an email address nobody checks, or to the applicant rather than the sponsor. Couples should check ImmiAccount themselves and confirm that a submitted sponsorship exists, linked to the correct TRN, rather than waiting for the Department to raise it.
Can my sponsor lodge the sponsorship from overseas?
Yes. Home Affairs states that the sponsor can be inside or outside Australia when they apply to sponsor. The sponsorship is lodged online through ImmiAccount, using the sponsor's own ImmiAccount or the applicant's ImmiAccount, with the applicant's TRN or application ID. A sponsor who is travelling, working abroad or caring for family overseas does not need to return to Australia to lodge. Separate questions may arise about the relationship or a permanent resident sponsor's residence, but they are not a reason to delay the form.
Can I lodge the sponsorship myself if my sponsor will not do it?
No. The sponsorship is the sponsor's own application and contains the sponsor's own declarations, so the applicant cannot lodge it as if they were the sponsor. The sponsor can use the applicant's ImmiAccount, but the sponsor must complete and make the declarations personally. If the sponsor is refusing, the applicant should get legal advice quickly. The reason for the refusal matters, because a relationship breakdown or family violence can open different legal options from a simple delay.
What if my sponsor started the form in ImmiAccount but never submitted it?
A saved draft is not a lodged sponsorship. For legal purposes, it is a partner visa sponsorship not lodged, and it will not satisfy the time of decision criterion. The sponsor should log in, finish the form, attach what documents are available and submit it. They should then confirm that a submitted sponsorship appears with its own reference and is linked to the correct visa application. If the draft was linked to the wrong TRN, a new sponsorship linked to the right application may be needed.
Does my sponsor need police checks before lodging the sponsorship?
No. The sponsor should not delay the form while waiting for police checks. Home Affairs asks sponsors to provide documents with the sponsorship or as soon as possible after applying. The Australian Federal Police check and any overseas police certificates can be uploaded once they arrive. The sponsor must also give written consent for the Department to disclose relevant convictions to the applicant. If requested checks are not provided within a reasonable time, the sponsorship can fail, so they should be ordered straight away.
What happens if the sponsorship was lodged but did not include my children?
Your children may be at risk of refusal. Secondary applicants must be covered by a sponsorship that is approved and in force at the time of decision. If the sponsorship names only the primary applicant, the result for a child can be the same as a partner visa sponsorship not lodged. The sponsor should check the sponsorship details in ImmiAccount and take advice on how to include every family member before a decision is made on the application.
Is a refusal for a partner visa sponsorship not lodged the same as a finding that our relationship is not genuine?
No. A refusal because the sponsorship was not lodged or approved is a failure of a separate criterion. It is not, in itself, a finding that the relationship is not genuine. That distinction matters on review, because a technical gap can often be addressed by lodging the sponsorship. However, the Tribunal will still need to be satisfied about every other criterion, including the genuine and continuing relationship, so the relationship evidence must be current and complete.
Who applies for review after a partner visa sponsorship not lodged refusal?
It depends on the subclass. For an onshore Subclass 820 and Subclass 801 refusal, only the visa applicant can apply, and they 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 must apply for review. A Subclass 100 refused while the applicant is offshore has no review right. Lodging by the wrong person can lose the review, so confirm this before lodging.
How long do we have to appeal a refusal for a partner visa sponsorship not lodged?
You have 28 days after the day you are notified of the decision, or 7 days if you are in immigration detention. The time limit cannot be extended. The deadline runs from notification, which may be earlier than the day you read the refusal, especially if it was sent to a representative. Lodge the review application first, even if the sponsorship and evidence are not ready. The sponsor can lodge or complete the sponsorship once the review is under way.
Can the sponsorship be lodged after the partner visa is refused?
Yes, the Tribunal has remitted cases where the sponsorship was provided during the review. In Martine (Migration) [2023] AATA 690, the applicant had failed to provide the sponsorship form 40SP, the completed form was then provided, and the Tribunal found the applicant was now sponsored. The review must still be lodged on time by the correct person. How the sponsorship is placed before the Tribunal and the Department should be planned carefully so the record is clear.
Should we lodge a new partner visa instead of appealing a partner visa sponsorship not lodged refusal?
Usually not for onshore applicants. After a refusal, section 48 of the Migration Act may apply, and a section 48 applicant cannot validly apply for a partner visa if they have had a partner visa refused since they last entered Australia. For offshore Subclass 309 applicants, a new application may be possible, but it means a new visa application charge and a new processing wait. The right choice depends on your visa history, location and evidence, so get advice before the deadline.
What if my sponsor will not lodge because our relationship has ended?
Then the missing sponsorship is part of a larger problem. If the relationship has ended, the applicant usually cannot meet the relationship criteria unless a special provision applies, such as family violence, the death of the sponsor or a child of the relationship. A sponsor can withdraw before the permanent stage decision, and the Department will not discuss the applicant's case with the former partner. The applicant should get advice quickly on which options, if any, fit their circumstances.
My sponsor is using the sponsorship to control me. What can I do?
Get legal advice early and put your safety first. A sponsor who refuses to lodge as a threat may be part of a wider pattern of control. The family violence provisions exist so that an applicant does not feel compelled to stay in a violent relationship to keep their path to permanent residence. The relationship must have been genuine until it ended, but there is no need to show it ended because of the violence. A lawyer can assess whether these provisions apply.
What happens if my sponsor dies before lodging the sponsorship?
The law has specific provisions for cases where the sponsor dies, and the Tribunal has considered cases of this kind. Whether the application can continue depends on the stage of the application and the evidence that the relationship was genuine and continuing before the death. A partner visa sponsorship not lodged because the sponsor has died cannot be fixed by the sponsor, so the applicant needs advice on the death of sponsor pathway as soon as practical.
Can a lawyer fix a partner visa sponsorship not lodged before the decision?
Yes. A lawyer can check the ImmiAccount record, confirm whether a sponsorship exists and is linked to the correct TRN, and confirm that every applicant is included. If the sponsor appoints the lawyer, the lawyer can prepare and lodge the sponsorship with the sponsor's authority, organise the police checks and consent to disclose, and respond to any Department request. Acting before a delegate decides the case is far simpler than fixing the problem on review.

























