How to Withdraw Sponsorship for Partner Visa Application Australia?

Are you facing relationship problems and not working out as you had hoped? Relationships can encounter challenges and obstacles along the way, and it’s natural to question the future and the decisions you have made.

But what if your relationship has ended, especially when you’re in the process of applying for a partner visa? The first thing to do is let the Department of Home Affairs know about the partner visa relationship breakdown before doing anything else.

In this blog, we will guide you through the process of withdrawing sponsorship for a partner visa in Australia, ensuring that you understand the steps involved and can navigate the process smoothly.

Withdrawing Sponsorship for a Partner visa Australia

Before you proceed with the withdrawal, it is important to carefully consider your decision and its potential consequences. Evaluate the reasons behind your decision to withdraw sponsorship and ensure that it aligns with your current circumstances and future plans. If needed, consult with a registered migration agent or Australian immigration lawyer to gain a better understanding of the implications.

Once a decision is made, both the visa applicant and sponsor must notify the Department under section 104 of the Migration Act 1958 (the Act).

Contact the Department of Home Affairs

The first step in withdrawing your sponsorship is to contact the Department of Home Affairs. You can reach out to them through their helpline or visit their official website to find the appropriate contact information. Inform them of your intention to withdraw sponsorship for the partner visa application and seek guidance on the specific requirements and procedures.

Also Read: What are the key things to know before migrating to Australia in 2024?

The information the sponsor needs to provide are as follows:

• Your full name and date of birth
• File Reference Number (FRN) or Transaction Reference Number (TRN), Application ID.
• A statement indicating the withdrawal of sponsorship from the partner or spouse visa application.
• Clearly state in a formal manner that you are withdrawing sponsorship for the partner visa subclass 820 or subclass 309 application.

Fill out the required form online (Enquiry Form) and attach the letter of written notification of your decision to withdraw sponsorship.  

The information partner visa applicants need to provide are as follows:

• First complete form 1446 to withdraw the application.
• Application ID, File Reference Number, or Transaction Reference Number associated with the visa application.
• Full name and date of birth.
• The type of visa you have applied for.
• The visa Subclass.
• The date you lodged the application.
• A clear statement expressing your intention to withdraw the visa application.
• Supporting documents (if applicable)

Also Read: How can I transition from visitor visa (tourist) to partner visa in Australia?

Receive Invitation to Comment Letter 

An Invitation to Comment (ITC) letter is a communication sent by the Department of Home Affairs in Australia to individuals or organisations. It is typically issued in the context of visa applications, policy changes, or proposed legislative amendments.

Upon notifying the Department of Home Affairs about the breakdown of your relationship, either by you or your partner, the Department will, in accordance with section 57 of the Act, issue an “Invitation to Comment” letter to your partner.

In this letter, the Department will communicate that they have received information indicating that there are concerns about the status of your relationship. The letter serves as an opportunity for you and your partner to provide comments or additional information regarding the reported relationship breakdown.

What if you reconcile after informing the Department of Home Affairs?

If reconciliation occurs after informing the Department of Home Affairs about the relationship breakdown, it is essential to promptly communicate this positive development. Reconciliation holds the potential to impact the visa application process positively.

Provide the Department with updated and accurate information regarding the renewed status of your relationship. This may involve submitting a statement saying you will remain in an ongoing relationship or evidence supporting the reconciliation. Keeping the Department informed ensures transparency and helps them assess the current state of the relationship accurately. 

However, if you Don’t get back together, know that the primary applicant bridging visa will CEASE 35 days after the withdrawal is accepted. This particular bridging visa is granted to allow the applicant to stay in Australia during the processing of the temporary visa subclass 820 application.

Decision

The final decision often hinges on the possibility of reconciliation. If there is no viable avenue for you (sponsor) and your partner to reconcile, the Department will refuse your partner’s visa application.

Under this provision, the Department has the authority to cancel a visa when a relationship has reached an irreversible point of breakdown. This underscores the importance of understanding the implications of such a final decision and engaging proactively with the Department throughout this process.

Please be mindful that once your partner has been granted a partner (subclass 100) or partner (subclass 801) visa, both of which are permanent partner visas, there is no obligation to inform the Department of Home Affairs if the relationship breaks. These visa categories recognise that there is no expectation for the relationship to persist indefinitely.

Summing Up!

Withdrawing sponsorship for the partner visa in Australia is a consequential decision with profound implications for both the sponsor and the applicant. The process requires careful consideration of the circumstances and strict adherence to legal procedures to facilitate a smooth transition. Whether prompted by personal reasons or unforeseen challenges, individuals contemplating this significant step should adopt a nuanced approach and seek professional advice. Understanding the legal implications is paramount to ensure compliance with immigration regulations. 

If you are seeking personalised assistance tailored to your specific circumstances, turn to ‘4Nations International‘ for expert guidance. Our team of seasoned professionals specialises in Australian migration law, dedicating themselves to offering transparent and comprehensive support. Whether you are navigating uncertainties or making crucial decisions, our experts are poised to lead you through the intricacies of the process. Initiate your journey towards clarity and assurance by reaching out to us for a customised consultation today.