Can My Sponsor Withdraw Their Sponsorship After I Apply?

How does a sponsor withdraw sponsorship of a partner visa?

A sponsor withdraws sponsorship of a partner visa by writing to the Department and saying that they no longer support the application. The sponsor does not need the applicant's agreement to do this. The withdrawal letter often also describes the sponsor's version of why the relationship ended, and that account can contain allegations the applicant will want to answer. Where the applicant has experienced family violence, the sponsor's letter may present events very differently, so the applicant's own evidence becomes important. A withdrawal is often made at a moment of conflict, so the applicant should get advice quickly rather than assume the matter is over. Our article on partner visa relationship breakdown explains what usually follows.

What happens to the partner visa after sponsorship is withdrawn?

After sponsorship is withdrawn, the partner visa will generally be refused, because the applicant can no longer meet the requirement of a continuing sponsored relationship, unless an exception applies. The application is not automatically ended by the withdrawal, and the Department must still make a decision on it. Our page on partner visa refusals explains the options if a refusal follows.

Will the Department let me respond before deciding?

The Department will generally let the applicant respond before deciding, because section 57 of the Migration Act requires it to invite comment on adverse information about the applicant or another person that would be the reason, or part of the reason, for refusal. The sponsor's withdrawal letter is usually that kind of information. The response deadline is short, and our article on the section 57 natural justice letter explains how to reply.

When can a partner visa continue without the sponsor's support?

A partner visa can continue without the sponsor's support where the relationship has ended and the applicant has suffered family violence committed by the sponsor, where the sponsor has died, or where there is a child of the relationship and the applicant has custody, access or support obligations. These exceptions require strong evidence. Our page on family violence partner visas and our article on partner visa family violence options explain how the family violence provisions work.

What if we reconcile after the sponsor withdrew?

Where a couple reconcile after the sponsor withdrew, the sponsor can write to the Department confirming that they support the application again, and the couple should provide evidence that the relationship has resumed. The Department then decides whether the relationship is genuine and continuing, and the earlier withdrawal will be considered as part of that assessment. Explaining what happened honestly is better than ignoring it.

How does My Migration Lawyers help after a sponsor withdraws sponsorship?

My Migration Lawyers helps after a sponsor withdraws sponsorship by assessing straight away whether an exception may apply, preparing the response to the Department within its deadline, and gathering the evidence the exception needs. Where no exception applies, the firm explains the applicant's visa position and the realistic options that remain, including review at the Administrative Review Tribunal if the application is refused. Applicants can speak with our partner visa lawyers through the form on this page.