Partner Visa Sponsorship Refused: What Happens Next

Written by
Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Published
October 15, 2026
35 min read
Reading Time
35 min read
Table Of Contents

Key Takeaways

  • When a partner visa sponsorship is refused, the visa is refused as well. Sponsorship approval is a time of decision criterion for the Subclass 820, Subclass 309 and Subclass 300 visas, and Department policy states that where a sponsorship is not approved, the visa must be refused.
  • There is no separate sponsorship decision and no separate notice to the sponsor. The sponsorship is decided inside the visa decision, so the refusal notice and decision record sent to the applicant are the documents that must be read.
  • Common grounds include the sponsorship limitations in regulation 1.20J and regulation 1.20KA, the sponsor character provisions in regulations 1.20KB and 1.20KC, a sponsor who is not an Australian citizen, permanent resident or eligible New Zealand citizen, and a sponsorship that was never lodged or completed.
  • The refusal is reviewable by the Administrative Review Tribunal. The application must be made within 28 days after notification, or 7 days in immigration detention, and that time cannot be extended. The visa applicant applies for Subclass 820 and Subclass 309 refusals, and the sponsor applies for Subclass 300 refusals.
  • The Tribunal decides on the law and facts at the time of its own decision, so a five year limitation that ends during review, a sponsorship form provided at review, or new waiver evidence can all be taken into account.

A partner visa sponsorship refused decision means the Department of Home Affairs has decided not to approve the Australian partner's sponsorship, and as a result the partner visa itself has been refused. A partner visa sponsorship refused outcome is not a separate letter to the sponsor. It is part of the visa refusal, and the clock for review starts running from the day the applicant is notified.

This guide explains what has happened and what to do next. It covers why the sponsorship and the visa stand or fall together, the main reasons a sponsorship is refused, how to read the decision record, the review deadline and who must apply, the Tribunal fee, what happens to a bridging visa, and the choice between review, reapplying and other options. The firm's commercial page on partner visa sponsorship limitations explains the sponsorship rules in detail, and the partner visa refusals page explains how My Migration Lawyers handles refusals.

The guide is written for the Australian sponsor as well as the applicant. Most partner visa sponsorship refused decisions are caused by something in the sponsor's own circumstances, and most of the evidence needed to overturn them must come from the sponsor. It is also written for couples who are still together and want the visa granted. Couples whose relationship has ended face different questions, which are mentioned only briefly here.

The most important point comes first. If you have just received a partner visa sponsorship refused decision, the review deadline is short and it cannot be extended. Find the date the decision was notified today, and work out the last day to apply for review before you do anything else. The firm's urgent ART visa refusal applications page is designed for exactly this situation.

What does "partner visa sponsorship refused" mean?

It means the delegate who decided the partner visa was not prepared to approve the sponsorship by the Australian partner, so a criterion for the visa could not be met and the visa was refused. A partner visa sponsorship refused decision is therefore a visa refusal with the sponsorship as its reason, or one of its reasons.

Why the sponsorship and the visa stand or fall together

Approval of the sponsorship is a time of decision criterion for the visa. For a Subclass 820 visa, subclause 820.221(4) requires that, at the time of decision, the sponsorship must be approved and remain in force. The Subclass 309 and Subclass 300 visas contain equivalent criteria in clauses 309.222 and 300.222. Department policy says plainly: "Where a sponsorship is not approved, the visa must be refused."

Department policy also explains that, for partner visas, approval of the sponsor is a component of the decision under section 65 of the Migration Act to grant or refuse the visa. It is not a separate decision. For that reason, no separate notice is sent to the sponsor about the sponsorship. A sponsor who is waiting for a letter about their own sponsorship after a partner visa sponsorship refused outcome will not receive one. The refusal notice sent to the applicant is the decision.

The firm's guide on partner visa sponsorship approval and when it is decided explains the timing, and the guide to the partner visa sponsorship assessment explains what the delegate checks.

Why the sponsor is still central to the next step

Although the decision is addressed to the applicant, the sponsor is usually the person whose circumstances caused the refusal. In a partner visa sponsorship refused matter, the evidence that will fix the problem almost always comes from the sponsor: proof of status, police checks, a completed sponsorship, evidence about earlier sponsorships, or evidence of compelling circumstances. The sponsor and the applicant must therefore act together from the first day.

The firm's guide to the partner visa sponsor explains the sponsor's role, and the guide to partner visa sponsor requirements sets out what the sponsor must satisfy.

Why is a partner visa sponsorship refused?

A partner visa sponsorship is refused for one of a limited number of legal reasons: the sponsor is not eligible, the sponsorship was not lodged or completed, the sponsor is caught by a sponsorship limitation, or the sponsor's criminal history or failure to provide police checks prevents approval. Identifying which ground applies is the first task after any partner visa sponsorship refused decision.

The sponsor is not eligible to sponsor

For a Subclass 820 visa, the applicant must be sponsored by a spouse or de facto partner who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. If the partner is under 18, the sponsor is the partner's parent or guardian. An eligible New Zealand citizen has a specific meaning under regulation 1.03. A partner who holds only a temporary visa cannot sponsor.

The firm's guides on partner visa sponsor eligibility, a partner visa sponsor on a temporary visa and a partner visa sponsor who is a New Zealand citizen but not eligible explain these rules. The answer on who can sponsor a partner visa gives a short summary, and the guide to proving the sponsor's citizenship or residence explains the evidence.

The sponsorship was never lodged or not completed

The sponsor lodges the sponsorship online after the applicant applies, using the applicant's transaction reference number. For most applicants, the sponsorship is not a validity requirement, so the visa application is valid even if the sponsorship comes later. If the sponsorship is never lodged, or is lodged but not completed, the sponsorship cannot be approved and a partner visa sponsorship refused decision follows. An important exception is an applicant subject to section 48 of the Migration Act, who must lodge the sponsorship with the application.

The firm's guides on partner visa sponsorship lodgement, a partner visa sponsorship that was not lodged and the Form 40SP sponsorship form explain the process.

Three remitted Tribunal decisions show how often this ground arises. In Martine (Migration) [2023] AATA 690, a Subclass 309 matter, the recorded issues were that the applicant failed to provide Form 40SP, the completed form was provided at review, and the Tribunal found the applicant was now sponsored. In Manalo (Migration) [2024] AATA 1927, a Subclass 820 matter, the recorded issues were that the sponsorship form and requested material were not provided, COVID restrictions, and prehearing, oral and witness evidence. In Naqshbandi (Migration) [2023] AATA 3967, a Subclass 820 matter, the recorded issues were the understanding of sponsorship obligations, failure to complete Form 40SP, and a Form 888 submitted. Each was remitted to the Department.

The sponsor is caught by a sponsorship limitation

Regulation 1.20J limits partner sponsorships. Under regulation 1.20J(1)(a), a person can have no more than two partner or fiance sponsorships approved in a lifetime. Under regulation 1.20J(1)(b), a sponsor who previously sponsored a partner cannot have another sponsorship approved until at least five years after the earlier visa application was made. Under regulation 1.20J(1)(c), a sponsor who was themselves sponsored as a partner cannot sponsor until at least five years after their own visa application was made. Regulation 1.20J(2) allows approval despite these limits where there are compelling circumstances affecting the sponsor.

Regulation 1.20KA applies to a person granted a permanent Contributory Parent visa on or after 1 July 2009 who was in a spouse or de facto relationship with the person they now wish to sponsor on or before that grant. That person cannot sponsor the partner for five years from the grant, unless regulation 1.20KA(3) applies.

The firm's hub on when a sponsor cannot sponsor a partner visa explains both limitations, the answer on whether you can sponsor more than one partner covers the lifetime limit, and the answer on sponsoring a partner after being sponsored yourself covers regulation 1.20J(1)(c). A partner visa sponsorship refused on limitation grounds is often the most promising refusal to challenge, for reasons explained below.

The sponsor's criminal history or police checks

Regulation 1.20KB deals with sponsors who have been convicted of, or charged with, registrable child-related offences where an applicant is under 18. Regulation 1.20KC requires refusal where the sponsor has been convicted of a relevant offence and has a significant criminal record, unless the delegate considers it reasonable to approve, and also allows refusal where the sponsor does not provide requested police checks within a reasonable time. Separately, the sponsor must consent to the disclosure of relevant convictions to the applicant. Department policy notes that a refusal to consent is not itself a ground to refuse the sponsorship, but it means the visa criterion in clause 300.222, 309.222 or 820.221 cannot be met, so the visa is refused in the same way.

The firm's guides to a partner visa sponsor with a criminal record, relevant offences under regulation 1.20KC and a partner visa sponsor police check not provided explain these grounds. The remitted decision in Sathandla Halli Vijayakumar (Migration) [2022] AATA 91, a Subclass 820 matter, is recorded with the issues "insufficient information concerning the sponsor; sponsorship declaration; National Police Check".

Other specific bars

Some bars apply only in particular circumstances. For example, clause 309.212 prevents a woman who was granted a Subclass 204 (Woman at Risk) visa within the previous five years from sponsoring a male applicant who was her former partner at the time of that grant, or her partner where the relationship had not been declared to the Department. A partner visa sponsorship refused on a ground of this kind needs specific advice.

Is a partner visa sponsorship refused decision different from a refusal on the relationship?

Yes. A partner visa sponsorship refused decision turns on the sponsor's eligibility, history or compliance, while a relationship refusal turns on whether the couple are in a genuine and continuing spousal or de facto relationship. Both lead to the same result, a refused visa, but they are fixed with different evidence.

In a relationship refusal, the delegate is not satisfied about the four matters considered under regulations 1.15A and 1.09A: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. The answer is usually more and better relationship evidence. The firm's guide to a partner visa non-genuine relationship refusal explains that type of refusal.

In a partner visa sponsorship refused case, the relationship may be accepted as entirely genuine and the visa still refused. A sponsor who has used up the two lifetime sponsorships, or whose five year period has not ended, cannot fix that problem with photographs and joint bank statements. The answer is evidence directed at the sponsorship ground itself: the dates of the earlier applications, proof of the sponsor's status, completed forms, police checks, or evidence of compelling circumstances affecting the sponsor.

Some decisions contain both grounds. A delegate may refuse the sponsorship and also find that the relationship is not genuine, particularly where the sponsor's earlier relationships raise questions. The firm's guide to partner visa refusal reasons explains how combined refusals are approached. In a combined partner visa sponsorship refused decision, both grounds must be answered, because the visa can only be granted if every criterion is met at the time of decision.

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How do you find out why the partner visa sponsorship was refused?

You find out by reading the decision record that accompanies the refusal notice. In a partner visa sponsorship refused case, the decision record should identify the criterion that was not met and explain the findings. It is the single most important document for deciding what to do next.

Before the refusal, the applicant will usually have received 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. If the couple responded, the response and any evidence will be on the file. If they did not respond, that is also important to know.

The firm's guide to the partner visa refusal letter and the answer on how to understand the reasons in a partner visa refusal letter explain how to read these documents. The guide to the section 57 natural justice letter explains what the earlier letter should have contained.

When the reasons are not fully stated

In some partner visa sponsorship refused cases, the applicant will not see the full reason. Department policy on sponsor police checks and convictions directs that details of the sponsor's convictions must not be put to the visa applicant in a natural justice letter or in the refusal notice. The applicant may only learn that the sponsorship was not approved. In that situation, the sponsor must be brought into the discussion immediately, because the sponsor holds the information needed to respond.

Questions to ask when reading the decision

A careful reading of a partner visa sponsorship refused decision should answer these questions:

  • Which visa and which criterion? Subclass 820, Subclass 309 or Subclass 300, and which clause or regulation.
  • What exactly was found? For example, that five years had not passed, that the sponsor had two previous approved sponsorships, that no sponsorship was lodged, or that police checks were not provided.
  • Was the waiver considered? For regulation 1.20J refusals, Department policy says all cases must be assessed against the waiver in regulation 1.20J(2) as a matter of law.
  • What evidence was missing? This becomes the evidence plan for review or a new application.
  • When was the decision notified, and how? This sets the review deadline.

The firm's answer on what information is needed to assess review prospects and the answer on what documents to take to a lawyer about a refusal list what to gather. If the decision record is unclear, the guide to a partner visa FOI request explains how to obtain the full file, although review should never be delayed while waiting for it.

What is the deadline after a partner visa sponsorship refused decision?

The deadline is 28 days after the day the applicant is notified of the decision, or 7 days if the applicant is in immigration detention. This time limit is set by section 347(3) of the Migration Act and cannot be extended by the Tribunal. A partner visa sponsorship refused decision that is not taken to review in time generally cannot be reviewed at all.

The date of notification is not always the date printed on the letter. It depends on how the decision was sent. The answer on how to work out the deadline to apply for review explains the calculation, and the answer on when the deadline starts if the refusal went to an agent covers that common situation. The firm's guide on the partner visa appeal deadline explains the rule in more detail.

If the deadline is close, the answer on what to do when the Tribunal deadline is close and the guide to urgent legal help before the deadline explain what can be done quickly. The answer on whether a review can be lodged before all evidence is ready confirms that it can, and in a partner visa sponsorship refused case it usually should be.

Who applies for review when a partner visa sponsorship is refused?

The person who applies depends on the visa. For a Subclass 820 refusal, the visa applicant applies. For a Subclass 309 refusal, the visa applicant applies. For a Subclass 300 refusal, the sponsor applies. Getting this wrong in a partner visa sponsorship refused case can mean the review application is not validly made.

The Subclass 309 position changed for decisions covered by regulation 4.02(5)(raa), which commenced on 25 November 2023. Before that change, the sponsor was the review applicant for offshore partner visa refusals. Older articles and advice may still describe the earlier rule. The answer on who must apply for review of an offshore spouse visa refusal explains the position.

For a Subclass 300 refusal, the sponsor must meet the review requirements as the review applicant. The firm's Subclass 300 visa page and the answer on whether a lawyer can help with a prospective marriage visa refusal explain how fiance refusals are handled. For onshore and offshore partner refusals, the firm's Subclass 820 visa and Subclass 309 visa pages set out the services available.

How much does it cost to review a partner visa sponsorship refused decision?

The Administrative Review Tribunal fee for a migration review is $3,727 for fees paid on or after 1 July 2026. The fee can be reduced by 50 per cent on the ground of financial hardship, and 50 per cent of the fee is refunded if the Tribunal sets aside the decision or remits the matter to the Department.

The firm's guide to partner visa ART fees and the answer on how much a Tribunal review costs and whether the fee can be reduced explain the fee rules. Tribunal fees are reviewed each financial year, so the fee should be checked on the Tribunal's website at the time of lodgement.

Cost should be compared with the alternative. Lodging a new partner visa application after a partner visa sponsorship refused decision means paying a new visa application charge, which starts from AUD 11,710 according to the Department of Home Affairs. The firm's guide to partner visa costs explains the government charges.

What happens to the bridging visa after a partner visa sponsorship refused decision?

An onshore Subclass 820 applicant who holds a Bridging visa A usually remains lawful while a valid review application is pending. Department policy explains that a bridging visa granted on or after 19 November 2016 ceases 35 days after the refusal decision if no review is sought, and, where review is sought, 35 days after a Tribunal decision affirming the refusal. A bridging visa does not cease when the Tribunal remits the matter.

This is one of the most important practical consequences of a partner visa sponsorship refused decision. If no review is lodged in time, the applicant may become unlawful once the bridging visa ceases. The firm's guide to the bridging visa after a partner visa refusal, the answer on what happens to a bridging visa if a partner visa is refused and the answer for applicants whose bridging visa ends soon after refusal explain the timing.

Travel after the refusal

A Bridging visa A does not usually allow travel. An applicant who leaves Australia without the right bridging visa may be unable to return. The firm's guide to partner visa travel after refusal and the answer on travelling while a refusal is under review explain the risks. In a partner visa sponsorship refused case, no travel should be booked until the review is lodged and the bridging visa position is confirmed.

For offshore Subclass 309 applicants, there is no bridging visa. The applicant remains outside Australia while the review proceeds.

What should the sponsor and applicant do in the first week after a partner visa sponsorship refused decision?

In the first week after a partner visa sponsorship refused decision, the couple should secure the review deadline, collect the decision documents, confirm the bridging visa position and identify the evidence needed to answer the refusal ground. These steps protect every later option.

A practical first week looks like this:

  • Day one: confirm the deadline. Work out the notification date and the last day for review. Put it in writing and in every calendar the couple use.
  • Day one: confirm who applies. The visa applicant for Subclass 820 and Subclass 309, the sponsor for Subclass 300.
  • Days one to three: gather the documents. The refusal notice, the decision record, any section 57 letter and response, the sponsorship acknowledgement if one was lodged, and the ImmiAccount history. The firm's guide to downloading a partner visa application copy explains how to retrieve the online application.
  • Days one to three: get legal advice. The firm's guide to a partner visa second opinion explains what an independent review of the decision involves.
  • Within the week: lodge the review if review is the right path. There is no advantage in waiting until the last day. Evidence can follow.
  • Within the week: start the evidence plan. For a limitation refusal, that means the exact dates of earlier applications and the case for compelling circumstances. For a missing sponsorship, it means a completed sponsorship and any outstanding police checks. For an eligibility refusal, it means proof of the sponsor's status.

The sponsor's role in this first week is critical. In most partner visa sponsorship refused matters, the sponsor must supply the documents and statements that answer the refusal. A sponsor who stays at a distance because the letter was addressed to the applicant risks losing the review. The firm's guide to partner visa sponsor documents lists what sponsors are commonly asked for.

Is a partner visa sponsorship refused decision the same as a withdrawn sponsorship?

No. A partner visa sponsorship refused decision is made by the Department. A withdrawn sponsorship happens when the sponsor tells the Department that they no longer support the application, usually because the relationship has ended. The result for the visa can be similar, because the sponsorship must be approved and remain in force at the time of decision, but the legal pathways that follow are different.

Where a sponsor withdraws, the applicant may still have options in some circumstances, for example under the family violence provisions in Division 1.5 of the Migration Regulations, or where there is a child of the relationship, or where the sponsor has died. The firm's answer on whether a sponsor can withdraw sponsorship after the applicant applies and the answer on what happens if the sponsor withdraws but the couple reconcile explain the position. The firm's family violence partner visa lawyers page explains how family violence claims are handled.

Remitted Tribunal decisions recorded on withdrawal include Phan (Migration) [2020] AATA 513 (relationship ceased; sponsorship withdrawn; child of the relationship) and Haikin (Migration) [2019] AATA 3241 (sponsorship withdrawn; relationship ceased; family violence victim). This article focuses on couples who are still together and whose partner visa sponsorship refused decision was made by the Department.

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What are the options after a partner visa sponsorship refused decision?

The main options after a partner visa sponsorship refused decision are review by the Administrative Review Tribunal, a new application, or in some cases both in sequence. Ministerial intervention is only available after the Tribunal has affirmed a refusal. The right option depends on the ground of refusal and on whether the problem can be fixed.

The firm's guide to partner visa refused appeal options and the guide on what to do when a partner visa is refused give an overview of these choices. The answer on what happens if a partner's sponsorship is refused summarises the position.

Option 1: Review by the Administrative Review Tribunal

Review is usually the strongest option after a partner visa sponsorship refused decision because the Tribunal looks at the matter afresh. It decides on the law and facts at the time of its own decision, not as they were when the Department decided. This matters greatly for sponsorship refusals:

  • A five year period that ends during review. The regulation 1.20J five year test is applied at the time of decision. If five years have passed by the time the Tribunal decides, the limitation may no longer apply. Remitted decisions in Rogers (Migration) [2020] AATA 4743 (5 years not lapsed since earlier visa application; 5 years elapsed during review; genuine and continuing relationship), Ba (Migration) [2021] AATA 1251 (five-year limitation expired) and Dang (Migration) [2024] AATA 137 (application made within 5 years of previous sponsorship; 5 years now passed; decided without hearing) are recorded with these issues.
  • A sponsorship form provided at review. The Martine and Manalo decisions described above show that missing sponsorship material can be addressed before the Tribunal.
  • New waiver evidence. Compelling circumstances under regulation 1.20J(2) can be argued with fresh evidence. Remitted decisions such as Ho (Migration) [2023] AATA 4220 (lifetime limit of 2 approved sponsorships; waiver; compelling circumstances) are recorded on this issue.
  • Contributory Parent limitation periods. The remitted decision in Rahman (Migration) [2020] AATA 3380 is recorded with the issues "sponsorship remains in force; five years lapsed from the grant of a permanent Contributory Parent visa".

The firm's guide to the partner visa ART review process, the guide to partner visa ART evidence and the answer on how to challenge a refusal involving sponsorship limitations explain how review works for these cases. The answer on whether the Tribunal can be given new evidence confirms that it can. Later articles in this series cover the review process in depth.

If the Tribunal remits the matter, it goes back to the Department to be decided again in line with the Tribunal's directions. The answer on whether a visa will be granted after the Tribunal sends a case back explains what happens next.

Option 2: A new partner visa application

A new application can be the better course where the partner visa sponsorship refused decision was correct when made and the problem has now been solved, for example where the sponsor has since become a permanent resident or citizen. It is rarely the better course when review is still available and the Tribunal could consider the changed facts itself.

A new application has costs and risks. A new visa application charge must be paid. An onshore applicant whose previous application was refused may be subject to section 48 of the Migration Act, and an applicant without a substantive visa may need to meet the Schedule 3 criteria. The firm's guides to reapplying for a partner visa after refusal, the partner visa section 48 bar and Schedule 3 criteria for a partner visa explain these issues. The answer on whether to seek review or lodge a new application and the answer on applying for a partner visa while an ART case is pending address the choice directly.

Where a new application is chosen, it must fix the reason for the earlier partner visa sponsorship refused decision before it is lodged. A new application that repeats the same problem will usually meet the same result, with the added cost of a second visa application charge and a second refusal on the record. The firm's guide to a partner visa application review before lodgement describes the checks that should happen first.

Option 3: Waiting for the limitation period to end

Where the only ground is a five year limitation that will end soon, the timing of the next decision can resolve a partner visa sponsorship refused problem. In review, that may happen naturally because the Tribunal decides later. Where review is not available, a new application can be timed so that the five years will have passed by the time of decision. The firm's commercial page on partner visa sponsorship limitations explains how these dates are approached.

Option 4: Ministerial intervention, only after the Tribunal

The Minister has non-compellable powers under the Migration Act, including section 351, to substitute a more favourable decision after a review authority has affirmed a refusal. These powers cannot be used to bypass the Tribunal. A couple who do not apply for review after a partner visa sponsorship refused decision generally lose access to this pathway as well. The answer on options if the Tribunal upholds a refusal and the guide to partner visa judicial review explain what remains after an unsuccessful review.

Does a partner visa sponsorship refused decision count against the sponsor's future sponsorships?

No, not under the sponsorship limitations. Department policy on regulation 1.20J explains that a sponsorship counts toward the limits only if it resulted in the grant of a visa. A refused application does not count toward the two lifetime sponsorships, and it does not start a new five year period under regulation 1.20J(1)(b). A partner visa sponsorship refused decision therefore does not, by itself, use up one of the sponsor's two sponsorships.

That does not mean the refusal disappears. The decision and the reasons remain on the Department's records. A later application will be assessed with that history available, and any findings about the sponsor's credibility, the relationship or the sponsor's character may be considered again. If a refusal is later overturned at review and the visa is granted, that grant does count.

Every later application must also disclose the earlier refusal honestly. The firm's guide to a partner visa with a previous partner visa refusal and the answer on getting a partner visa after a previous partner visa refusal explain how a refusal history is handled. A partner visa sponsorship refused decision handled openly is far less damaging than one that is left out of a later form.

Should you seek review or reapply after a partner visa sponsorship refused decision?

In most cases, review should be lodged first to protect the position, and the choice between continuing the review and reapplying can then be made with full information. A partner visa sponsorship refused decision that is not reviewed in time removes options that cannot be recovered.

Factors that point towards review include:

  • the five year limitation will end, or has ended, before the Tribunal is likely to decide;
  • the sponsorship was not lodged or completed, and it can now be provided;
  • the waiver in regulation 1.20J(2) was not properly considered or new evidence is available;
  • the applicant is onshore and needs to keep a bridging visa; and
  • a new application would face section 48 or Schedule 3 difficulties.

Factors that may point towards a new application include a refusal that was correct on the facts at the time, with a problem that has been permanently fixed, such as the sponsor's change of status, and no onshore status issues. Even then, legal advice should be obtained before letting the review deadline pass.

The firm's guide to fixing a partner visa refusal and the guide to overturning a partner visa refusal discuss these choices further.

What mistakes should be avoided after a partner visa sponsorship refused decision?

The most damaging mistakes after a partner visa sponsorship refused decision are missing the review deadline, lodging review in the wrong person's name, travelling without the right bridging visa, and lodging a new application without addressing the reason for refusal. Each of these is avoidable.

Other common mistakes include:

  • Assuming the sponsor will be told separately. No separate notice is sent. The applicant's refusal notice is the decision.
  • Treating the sponsorship as a formality. A partner visa sponsorship refused outcome can follow from a sponsorship that was never lodged, or a police check request that went unanswered.
  • Arguing only that the relationship is genuine. If the refusal ground is a limitation or sponsor character issue, evidence of a genuine relationship alone may not answer it. The waiver requires compelling circumstances affecting the sponsor.
  • Ignoring the waiver. Department policy states that every regulation 1.20J case must be assessed against the waiver. A review should test whether that was done properly.
  • Withdrawing the visa application in a panic. Department policy on bridging visas explains that a bridging visa granted on or after 19 November 2016 ceases 35 days after a substantive visa application is withdrawn. Withdrawal also ends any chance of review of that application. The answer on whether you can withdraw a partner visa application and reapply explains why this step should never be taken without advice.
  • Concealing earlier sponsorships. Department policy notes that departmental records are checked and non-disclosure is detected. The firm's guide to partner visa incorrect answers explains the consequences.

The answer on whether a partner visa refusal affects future applications and the answer on disclosing a previous refusal are relevant to any later application.

How My Migration Lawyers helps after a partner visa sponsorship refused decision

My Migration Lawyers acts for Australian sponsors and their partners after a partner visa sponsorship refused decision, and the firm handles many refusals of exactly this kind. These are complex cases. The firm deals with sponsorship limitation refusals, sponsor character refusals and refusals caused by missing sponsorship material, and it is capable of moving quickly when the review deadline is close.

The first step is to secure the deadline. My Migration Lawyers confirms the date of notification, identifies who must apply, and prepares and lodges the review application on time. The firm then reads the decision record against the sponsorship criteria, identifies whether the ground can be overcome by the passage of time, by a completed sponsorship, by police checks or by waiver evidence, and builds the evidence plan. Where a new application is the better path, the firm advises on timing, section 48 and Schedule 3 before anything is lodged.

The firm's partner visa lawyers page sets out its services, and the answer on whether a lawyer can help with a partner visa sponsorship refusal and the answer on whether My Migration Lawyers handles partner visa refusals describe the work. The firm's visa refusals page and the guide to what a partner visa refusal lawyer does give more detail. Refusal matters at the firm are supervised by Weiwei Zhang, Principal Lawyer.

A partner visa sponsorship refused decision is serious, but it is often not the end of the matter. If you or your partner have received a refusal because the sponsorship was not approved, Book a Consultation with My Migration Lawyers as soon as possible, or call 1300 040 300.

Frequently Asked Questions

What happens if a partner visa sponsorship is refused?

If the sponsorship is refused, the partner visa is refused as well. Approval of the sponsorship is a time of decision criterion for the Subclass 820, Subclass 309 and Subclass 300 visas, and Department policy states that where a sponsorship is not approved, the visa must be refused. The refusal is reviewable by the Administrative Review Tribunal, but the application for review must be made within 28 days after notification, or 7 days in immigration detention, and that time cannot be extended.

Will the sponsor receive a separate letter about the refused sponsorship?

No. For partner visas, the sponsorship decision is part of the visa decision made under section 65 of the Migration Act. Department policy says no separate notice is issued to the sponsor about approving or not approving the sponsorship. The refusal notice and decision record sent to the visa applicant are the decision. The sponsor should read those documents with the applicant straight away, because the evidence needed to respond usually comes from the sponsor.

What are the most common reasons a partner visa sponsorship is refused?

The most common reasons are the sponsorship limitations in regulation 1.20J, such as the lifetime limit of two sponsorships or the five year rules, the Contributory Parent limitation in regulation 1.20KA, sponsor character grounds in regulations 1.20KB and 1.20KC, a sponsor who is not an Australian citizen, permanent resident or eligible New Zealand citizen, and a sponsorship that was never lodged or not completed. The decision record will identify the ground that applied.

How long do we have to appeal a refused partner visa sponsorship?

The application for review must be made within 28 days after the day the applicant is notified of the decision, or within 7 days if the applicant is in immigration detention. The Tribunal cannot extend this time. The notification date depends on how the decision was sent, so it may not be the date printed on the letter. The deadline should be calculated on the day the decision arrives, and review should be lodged well before the last day.

Who lodges the review when a partner visa sponsorship is refused?

It depends on the visa. For a Subclass 820 refusal, the visa applicant applies for review. For a Subclass 309 refusal, the visa applicant applies, following the change made by regulation 4.02(5)(raa) from 25 November 2023. For a Subclass 300 refusal, the sponsor applies. Lodging in the wrong person's name can mean the review application is not valid, so this should be checked carefully before lodgement.

How much does the Tribunal charge to review a refused sponsorship?

The Administrative Review Tribunal fee for a migration review is $3,727 for fees paid on or after 1 July 2026. A 50 per cent reduction is available on the ground of financial hardship. If the Tribunal sets aside the decision or remits the matter to the Department, 50 per cent of the fee is refunded. Tribunal fees are reviewed each financial year, so the current fee should be confirmed with the Tribunal when the review is lodged.

Can the Tribunal approve a sponsorship that the Department refused?

Yes, in many cases the Tribunal can reach a different view. The Tribunal reviews the decision afresh and decides on the law and facts at the time of its own decision. It can consider new evidence, a sponsorship form provided at review, the passing of a five year limitation period, or evidence of compelling circumstances affecting the sponsor. Where it finds the criteria can be met, it commonly remits the matter to the Department to finish processing.

What if the five year sponsorship limit ends while the review is pending?

The five year test in regulation 1.20J is applied at the time of decision, and the Tribunal decides on the facts at the time of its own decision. If five years have passed by the time the Tribunal decides, the limitation may no longer prevent approval. Several remitted Tribunal decisions are recorded with the issue that the five year period elapsed during review. The exact dates of the earlier application and the expected decision date should be checked carefully.

Can we provide the missing sponsorship form at the Tribunal?

Yes. Where the refusal occurred because the sponsorship was not lodged or not completed, the completed sponsorship and supporting material can generally be provided to the Tribunal. Remitted decisions such as Martine (Migration) [2023] AATA 690 are recorded with the issue that the completed form was provided at review and the Tribunal found the applicant was now sponsored. The sponsor should prepare the material promptly so the review can proceed without delay.

Does the applicant keep a bridging visa after the sponsorship is refused?

An onshore applicant with a Bridging visa A usually keeps it while a valid review is pending. Department policy explains that a bridging visa granted on or after 19 November 2016 ceases 35 days after the refusal decision if no review is sought, or 35 days after the Tribunal affirms the refusal. A bridging visa does not cease when the Tribunal remits the matter. Travel should not be booked without first confirming the bridging visa position.

Should we appeal or lodge a new partner visa application?

In most cases, review should be lodged first to protect the position. Review lets the Tribunal consider changed facts, keeps an onshore applicant's bridging visa in place, and avoids a new visa application charge, which starts from AUD 11,710. A new application may suit a case where the refusal was correct and the problem is now permanently fixed. Onshore applicants must also consider section 48 and Schedule 3 before reapplying.

Does a refused sponsorship count toward the two sponsorship limit?

No. Department policy explains that a sponsorship counts toward the regulation 1.20J limits only if it resulted in the grant of a visa. A refused application does not use up one of the two lifetime sponsorships and does not start a new five year period. However, the refusal and its reasons remain on the Department's records and must be disclosed in later applications. If the refusal is overturned and the visa granted, that grant will count.

Can a genuine relationship overcome a refused sponsorship?

No, not on its own. A sponsorship can be refused even where the relationship is accepted as genuine, for example where the sponsor has reached the lifetime limit or the five year period has not ended. The answer must address the sponsorship ground itself. For regulation 1.20J refusals, that usually means evidence of compelling circumstances affecting the sponsor, such as a dependent child of the relationship, the death of a previous partner, or a longstanding relationship.

Can we ask the Minister to intervene instead of going to the Tribunal?

No. The Minister's non-compellable powers, including section 351 of the Migration Act, are available only after a review authority has affirmed a refusal. They cannot be used to bypass the Tribunal. A couple who do not seek review in time generally lose access to ministerial intervention for that decision as well. Ministerial intervention is discretionary and should be seen as a last step, not an alternative to review.

What documents should we bring to a lawyer after a sponsorship refusal?

Bring the refusal notice and decision record, any section 57 letter and the response, the sponsorship acknowledgement if one was lodged, both partners' ImmiAccount details, and evidence of how and when the decision was received. For limitation refusals, bring the dates of any earlier partner or fiance applications. For character refusals, bring police checks and court documents. The notification date matters most, because it fixes the review deadline.

Can a lawyer help after a partner visa sponsorship is refused?

Yes. A lawyer can confirm the deadline and the correct review applicant, lodge the review on time, read the decision record against the sponsorship criteria, and build the evidence needed to answer the refusal ground. That may include waiver submissions, completed sponsorship material, police checks or proof of the sponsor's status. A lawyer can also advise whether a new application would be safer, taking into account section 48, Schedule 3 and the cost of reapplying.

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Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer

Weiwei Zhang is the Principal Lawyer and Managing Director of My Migration Lawyers. My Migration Lawyers is one of Australia's leading immigration law firms, dedicated exclusively to Australian immigration law. The firm represents individuals, families and businesses across all areas of migration law, with particular expertise in complex immigration matters, Partner Visas, Protection Visas, corporate migration, visa refusals, Administrative Review Tribunal reviews, judicial reviews and visa cancellations.

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