What Happens to My Partner Visa If My Sponsor Dies?

Does my partner visa application end if my sponsor dies?

A partner visa application does not end automatically when the sponsor dies. The Migration Regulations recognise that a genuine relationship can end through death rather than separation, and they allow the application to continue on that basis. The applicant must still meet the relationship requirements up to the date of death, together with health, character and the other criteria for the visa. Our page on the Subclass 820 visa explains how the two stages of the onshore visa work.

What must I prove if my sponsor has died?

An applicant whose sponsor has died must prove three things: that the couple were in a genuine spouse or de facto relationship until the sponsor died, that the applicant would have continued to be the sponsor's partner if the sponsor had not died, and that the applicant has developed close business, cultural or personal ties in Australia. Personal ties may include family and friends in Australia, the sponsor's family, community involvement and employment. Our article on the partner visa nature of commitment explains how commitment is usually evidenced.

What evidence does the Department expect after a sponsor's death?

The Department expects a death certificate or a certified copy, evidence of the relationship up to the date of death, and evidence of the applicant's ties to Australia. Statements from the sponsor's family and from friends about the relationship are often helpful, and Form 888 statements can be used to support the applicant's account. Our article on Form 888 witness statements explains who can provide them.

Do I need to tell the Department that my sponsor has died?

An applicant needs to tell the Department that the sponsor has died, because section 104 of the Migration Act requires applicants to notify changes that make an answer in the application incorrect. The notice is usually given with Form 1022 and supporting documents. Our guide to Form 1022 change of circumstances explains how to complete it.

Does the death of a sponsor change the permanent stage?

The death of a sponsor can change the permanent stage, because where the death provisions are met the applicant may not need to wait the usual two years from lodgement before the Subclass 801 or Subclass 100 is decided. The Department still needs to be satisfied that every criterion is met. Our articles on the partner visa two-stage process and the permanent partner visa explain the usual timing.

What if I was outside Australia when my sponsor died?

An applicant who was outside Australia when the sponsor died should seek advice before making travel plans, because the provisions for each subclass turn on where the applicant is and which visa they hold. A Subclass 309 holder who has entered Australia is in a different position from an applicant whose Subclass 309 application is still pending overseas.

How does My Migration Lawyers assist after a sponsor dies?

My Migration Lawyers assists families after a sponsor's death by taking over the practical and legal work at a difficult time. The firm notifies the Department, identifies which death provision applies to the client's subclass and stage, gathers the relationship evidence up to the date of death and builds the evidence of ties to Australia. Families can speak with our partner visa lawyers by video when they are ready.