What Happens If My Partner's Sponsorship Is Refused?

Is a partner sponsorship refusal a separate decision from the visa refusal?

A partner sponsorship refusal is not a separate decision from the visa refusal, because the approval of the sponsor is a component of the decision to grant or refuse the visa under section 65 of the Migration Act. The Department does not send the sponsor a separate refusal notice. Instead, the visa refusal letter explains that the sponsorship was not approved and that the visa criterion requiring an approved sponsorship is therefore not met. Our article on reading a partner visa refusal letter explains where these findings usually appear.

Why would the Department refuse a partner's sponsorship?

The Department refuses a partner's sponsorship when the sponsor does not meet the legal limits on sponsoring a partner. The most common reasons are the sponsorship limits in regulation 1.20J, a sponsor's criminal history involving relevant offences, a sponsor who does not provide police checks after being asked, and child protection limits where a child is included in the application. A sponsor who was previously sponsored as a partner, or who has sponsored before, should read our page on partner visa sponsorship limitations before lodging.

Will the visa applicant be told before the sponsorship is refused?

The visa applicant will usually be invited to comment before the sponsorship is refused, because the Department generally must put adverse information about another person to the applicant under section 57 of the Migration Act. Where the issue is a sponsor's convictions, the details of those convictions are not disclosed to the applicant, but the applicant is told that the criterion cannot be met. A response to that letter is the last chance to address the issue before the decision, as our article on the section 57 natural justice letter explains.

Can a refused sponsorship be reviewed by the Tribunal?

A refused sponsorship can be reviewed by the Administrative Review Tribunal as part of a review of the partner visa refusal. The Tribunal looks at the matter afresh and can consider new evidence, such as a waiver argument under regulation 1.20J or new police certificates. The time limit to apply is short and strictly applied. Our guide to the partner visa ART review process explains how review works, and our page on partner visa refusals explains the options.

Can the sponsorship limits be waived after a refusal?

The sponsorship limits in regulation 1.20J can be waived where there are compelling circumstances affecting the sponsor, and that argument can be made at review if it was not made before the refusal. Examples sometimes raised include the death of a former partner, or children of the new relationship, but each case turns on its own facts. Our article on partner visa sponsorship limitations explains how waiver requests are prepared.

How does My Migration Lawyers deal with a refused partner sponsorship?

My Migration Lawyers starts with the refusal letter and the section 57 correspondence to identify exactly which sponsorship rule the Department relied on. The firm then advises whether the problem can be cured at the Tribunal, for example with a waiver submission or further police evidence, or whether a different strategy is needed. Where review is the right path, the firm prepares the review application and submissions. Couples facing this issue can speak with our partner visa lawyers about their deadline.