What If My Sponsor Withdraws Sponsorship but We Reconcile?

What happens when a sponsor withdraws sponsorship?

When a sponsor withdraws sponsorship, the Department will usually move towards refusing the partner visa, because the applicant no longer has an approved sponsor or, in most cases, a continuing relationship. The family violence and child custody provisions are the main exceptions. Before refusing, the Department will generally send a section 57 letter inviting the applicant to comment on the withdrawal. Our article on partner visa relationship breakdown explains what usually follows a withdrawal.

Can a sponsor take back a withdrawal of sponsorship?

A sponsor who has withdrawn sponsorship can write to the Department to say that the couple have reconciled and that they wish to continue supporting the application. There is no guarantee that the Department will proceed as if the withdrawal never happened, and the outcome depends on timing and on what the Department has already done. The letter should be sent before a decision is made, and it should come from the sponsor personally. Our guide to partner visa change of circumstances explains how relationship changes are reported.

How will the Department view a separation followed by a reconciliation?

The Department will view a separation followed by a reconciliation with care, because the question is whether the relationship is genuine and continuing at the time of decision. A short separation during a difficult period is common in real relationships and does not automatically count against the couple. Repeated separations, however, require a clear explanation and fresh evidence of the shared life since the reconciliation. Our article on partner visa repeated separations covers how case officers assess this pattern.

What evidence helps after a reconciliation?

Evidence that helps after a reconciliation shows that the couple are living together again or are committed to doing so, and that their finances, household and social life are once again shared. A detailed explanation of why the sponsor withdrew and why the couple reconciled is also important, together with Form 888 statements from people who know them. A response to a section 57 natural justice letter is often the right place to set this out in full.

What if the withdrawal was made because of family violence?

A withdrawal made in the context of family violence raises different issues, because the applicant may be able to continue under the family violence provisions whether or not the couple reconcile. Applicants in that situation should seek confidential advice about their safety and their options before deciding what to tell the Department. Our family violence partner visa page explains how those provisions work.

What if the partner visa has already been refused?

A partner visa refused after a sponsor's withdrawal can usually be reviewed by the Administrative Review Tribunal, which considers the facts at the time of its own decision, including a reconciliation. The time limit to apply is short and strictly applied. Our article on partner visa appeal versus reapplication explains how to choose between review and a new application.

How does My Migration Lawyers help couples who have reconciled?

My Migration Lawyers helps couples who have reconciled by preparing the sponsor's written confirmation, the explanation of the separation and the new evidence in one coordinated response to the Department. Where a refusal has already been made, the firm assesses the Tribunal case through its partner visa refusals practice. Couples can talk to our partner visa lawyers before the Department decides.