Can I Change My Sponsor During a Partner Visa Application?

Why can a partner visa sponsor not be swapped for a new partner?

A partner visa sponsor cannot be swapped for a new partner because every relationship requirement is tested against the relationship with the person who sponsored the application. A new partner means a new relationship, with its own history and evidence, and that relationship must be assessed in a new application. Our page on partner visa sponsorship limitations explains the separate rules that apply to the new sponsor.

What happens to the partner visa application if we separate?

A partner visa application will generally be refused after a separation, because the couple are no longer in a genuine and continuing relationship, unless one of the exceptions in the regulations applies. The applicant must tell the Department about the change, and the Department will usually give the applicant a chance to respond before deciding. Our article on Subclass 820 relationship breakdown explains what happens next.

Can I lodge a new partner visa with my new partner while the first is still open?

A new partner visa with a new partner can be lodged while the first is still open, but the applicant is usually holding a bridging visa by then, and a bridging visa is not a substantive visa. That means a new onshore application must generally meet the Schedule 3 criteria, which are waived only for compelling reasons. The new relationship must also meet its own requirements, including the de facto 12-month requirement unless the couple marry or an exception applies. Our article on Schedule 3 criteria for partner visas explains the test.

When can a partner visa continue after the relationship with the sponsor ends?

A partner visa can continue after the relationship with the sponsor ends where the regulations provide an exception, such as family violence committed by the sponsor, the death of the sponsor, or a child of the relationship for whom the applicant has custody, access or support obligations. These exceptions are tightly defined and need strong evidence. Our page on family violence partner visas explains the family violence provisions.

What should I do first if my relationship has ended during processing?

The first step when a relationship ends during processing is to get advice on the applicant's visa status and options before the Department makes a decision. The applicant must still tell the Department about the change, but the order of steps matters, especially where a new application or a Schedule 3 waiver may be needed. Our article on partner visa relationship breakdown explains the practical consequences.

How does My Migration Lawyers help when a partner visa sponsor changes?

My Migration Lawyers helps when a partner visa sponsor changes by working out whether the first application can still succeed under an exception, and if not, what the cleanest path is with the new partner. The firm checks the new sponsor's sponsorship history, the applicant's visa status and any Schedule 3 issues, and prepares a Schedule 3 waiver submission where one is needed. Applicants can speak with our partner visa lawyers before notifying the Department.