Can My Review Continue If My Sponsor and I Separate?

Does separation end my partner visa review?

Separation does not automatically end a partner visa review, because the review continues until the applicant withdraws it or the Tribunal decides it. Separation does, however, change what the Tribunal can find. Where the relationship is no longer continuing and no exception applies, the Tribunal will usually affirm the refusal. Our article on the partner visa relationship breakdown explains how separation is treated.

What exceptions allow a review to succeed after separation?

The exceptions that allow a review to succeed after separation are mainly family violence by the sponsor during the relationship, the death of the sponsor, and, in some circumstances, a child of the relationship with custody or contact arrangements that the regulations recognise. Each exception has its own requirements, and the relationship must generally have been genuine before it ended. Our page on partner visa family violence explains the main exception.

Do I have to tell the Tribunal that we separated?

An applicant must tell the Tribunal that they separated, because continuing the review on the basis of a relationship that has ended would give the Tribunal false information. False or misleading information can lead to refusal under PIC 4020 and affect future applications. Our article on partner visa change of circumstances explains how changes are reported.

Can my sponsor stop the review by withdrawing support?

A sponsor cannot stop the review simply by withdrawing support, because the review application belongs to the visa applicant. The sponsor's withdrawal may mean the sponsorship requirement is no longer met, which usually leads to the refusal being affirmed unless an exception applies. Our article on partner visa family violence after separation explains how this situation is handled where violence was involved.

What about a temporary separation during review?

A temporary separation during review is different from a permanent end to the relationship. Couples who have argued and lived apart for a short period, but remain committed and intend to resume living together, may still have a continuing relationship. The Tribunal will look closely at the evidence of why and for how long they lived apart. Our article on repeated separations explains how this is assessed.

What options exist if no exception applies?

If no exception applies, the applicant should consider other visa options before the review ends, because the bridging visa linked to the partner application will end a short time after the review is finalised. Withdrawal, another visa and ministerial intervention in limited cases are possibilities that depend on the facts. Our page on visa refusals explains how the firm approaches next steps.

How does My Migration Lawyers advise when a couple separates during review?

My Migration Lawyers advises when a couple separates during review by first establishing whether the separation is permanent and whether family violence, a child of the relationship or another exception may apply. The firm then advises on what to tell the Tribunal, whether the review should continue and what other visa options remain while the applicant is still lawful. Applicants can speak with our partner visa lawyers about their position.