What are The Character Requirements to Apply for Australian Visa
September 5, 2018
All Partner Visa Applicants Must Have a Visa Sponsor
September 5, 2018
What Happens if The Partner Visa Relationship Breakdown?
Marital breakdown
If you are a sponsor and your partner visa relationship breakdown, then you must notify the Department of Immigration and Citizenship (DIAC) as soon as reasonably possible.
This obligation extends to even before the visa is granted. So if you lodge your sponsorship with the application, and the relationship breaks down before the visa is granted, you must notify DIAC.
After you have notified DIAC, an officer from that department will make inquiries with the applicant to determine whether the relationship has in fact broken down. You will then be asked to withdraw your sponsorship.
After you withdraw your sponsorship
Australia has very strong privacy laws. After your sponsorship has been formally withdrawn you will not be able to receive any further information or correspondence from DIAC in relation to your former partners or fiancés partner or fiancé visa application.
The applicant is also under a legal obligation to notify DIAC of any change in their circumstances, and this includes where a relationship has broken down. If an applicant fails to notify DIAC of their change in circumstances and a permanent partner visa Australia is later granted on false information contained with a visa application, it can be cancelled because of the applicant’s failure to notify the department of their changes in circumstances.
In some circumstances, if your former partner or fiancé has already been granted a temporary visa and they are currently in Australia, then they may depending upon the circumstances be eligible for a permanent partner visa notwithstanding that the relationship between applicant and sponsor has broken down.
If the relationship has broken down both the applicant and sponsor must notify DIAC as soon as possible and it is highly advisable to seek independent advice on what options may be available.
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34 Comments
Hi, my husband was came to Australia on a visa 457, we had our PR last 2016. We are both from Philippines. Our relationship is on the rocks and i wanted separation. He threaten me that he will cancel my visa. My question is can he cancel my visa? Thanks a lot.
Hi Maria, If you already have Permanent Residence then your husband cannot cancel your visa – becasue by definition your visa is permanent – that is what Permanent Residence (PR) means.
Hi my relationship now is endeed with my legally hisband weve been marriad in philipines and im still in temporary residents here.can u someones advice me what i going to do?maybe he will withdraw my visa as a permanent resident here.i am working now at the mines as fulltime and im still wanting to stay here for good?
Please email us your problem details (info@aussievisas.net) or call 0434 477 964, (02) 8006 4564
hi i want to have seperation to my husband because he always threaten me about widraw his sponsorship.. im still waiting on my permanent visa..
i just want to know what can i do if he try to cancel his sponsorship?
Hi Jean, I am sorry to hear about your situation. This is a really important point in the visa process and something vital to understand for now and for your future in Australia. I can certainly explain to you by email or phone what your options are in detail and how to go about them. I will send you an email about this and how I can help.
Hello im already a PR my husband still on bridging visa i want to cancel it because he keep fooling me andvhes hurting me also. Can i ask if i cancel it
Please email us your problem details (info@aussievisas.net) or call 0434 477 964, (02) 8006 4564
My partner I sponsored has had her visa granted however has been deceitful and been having an affair, 2 weeks after the approval she has run off with the guy which is how I found out.
Can the visa be revoked for relationship not being true?
Please email us your problem details (info@aussievisas.net) or call 0434 477 964, (02) 8006 4564
After submit application he have got bringing visa. How long time is taking between brigin and temporary PR vizas? Also, is that possible to get without interview temporary PR? I’m a bit confused about our relationship.
Please email us your problem details (info@aussievisas.net) or call 0434 477 964, (02) 8006 4564
Hi, I’m Australian PR since 2017, now my partner is on her way to submit partner visa, she already lodge the application and paid $7000 application fee as well.
The problem now is, I wish to withdraw the application now, our relationship has gone to critical, we are no longer in relationship now, can she get back her $7000? Or partially? Thank you
Hi my husband ask me for separated and were not together now.and my visa is stil in temporary permanent.how i must to do now.maybe he want to withdraw as he is sponsorship.and we are married legally in philippines.
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Hi my partner visa as been withdrawn because I told
the department of immigration I was working . And they didn’t see it on my tax . They did not know was working self employed and I have an ABN. Can can i do something with it. Or can someone help me with that. Thanks
I really appreciate your post and you explain each and every point very well.Thanks for sharing this information. And I’ll love to read your next post too.
I have been checking out many of your posts and it’s nice stuff. I will definitely bookmark your website.
Hi anyone there..
I need advice and guidance regarding the cancellation of my hudband visa since i am international student here at perth. Bcz my husband is not financially benefit me and he is not going to pay my college fee.
And he is just burden to me and mentally made me sick.
What are the procedure to be follow .
Thank you.
Please email us your problem details info@aussievisas.net or call 0434 477 964, (02) 8006 4564
I think this is one of the most vital information for me. And i’m glad reading your article. But want to remark on few general things, The web site style is ideal, the articles is really nice : D. Good job, cheers
Hi, I want to know if I want to withdraw the partner visa form. It has affect the application in the future?
Please call:
Australia: 0434 477 964
02 8006 4564
From outside Australia: +61 434 477 964
+61 2 8006 4564
+61 3 9016 9820
Or email: info@aussievisas.net
I am applying for a partner visa/prospective marriage visa (300, 309/100, 820/801).
I have been granted a bridging visa (type BVA).
My partner is sponsoring me, but we have had problems and I believe that he may be considering withdrawal of his sponsorship.
If he does so, what process will follow for me if it occurs now?
I will also be travelling back to see my parents and have been granted a bridging visa BVB for the period of travel.
What is the process if my partner withdraws sponsorship while I am overseas?
Will I be allowed back in Australia from my trip?
Hi Jason, thank you for your comments and questions. If the Sponsor of an Applicant for a Partner visa withdraws their Sponsorship then what you should expect is that the Government will contact you and ask you about the situation. You will need to contact them back and set out your case with regard to the relationship and why you might still be entitled to get your visa. We can certainly advise and assist you with this. Feel free to give us a call on 0434 477 964 or email us at info@aussievisas.net
This blog was… hoow do I say it? Relevant!!
Finally I have found something that helped me.
Many thanks!
A friend of mine is on a temporary visa (pending PR) and her partner has advised he wants to cancel it. She is from Slovakia and studied then worked fulltime here for the past 4+ years. She found out recently he was seeing someone else and now wants her to move out by March and that he’ll no longer support the PR process which has been going for almost 2 years.
She needs to know her position because she is working fulltime and is now at risk of being forced out of the country simply because her ex-partner found someone else.
Would she be considered for a PR in these circumstances? She’s never been supported by her ex-partner financially. They still live together in his apartment.
What are her options???
Hi Mark, yes it is a really unfortunate situation. The basis of a partner visa application is the relationship between the applicant and sponsor, so if there is no more relationship then the basis of the relationship is no longer there. However, there are circumstances where Permanent Residency can still be granted, and there may also be other options for her to stay. I would need to have more information to advise her properly.
I’m currently on a temporary spouse visa and will continue 2 years in June 2020 however I have many issues with my husband and he wants to send me for my home country for few months to calm downs as he claim however I’m afraid that once I leave Australia he will withdraw his sponsorship and not allow me to enter Australia any more in addition will not give me my divorce rights. Can he do that if I’m outside Australia?
Hi,I already got subclass 309visa.I just came to India..our relationship was so good.But because of my mother in law created so much misunderstanding between we both..My spouse took back his sponsorship without informing me..I am shocked now..Now he n his family not at all contacting me..My hubby completely blocked me n even he s not replying to my mail also.. Really m in shock now.I just wanted to be with my husband…All my things including marks card are in Australia
HI Luke,
I am an Australian citizen and in a de facto relationship with a lady more than a year. The circumstance are good now and we are very positive. My concern is that if I sponsor her now for partner visa and later if there is an issue such as separation or disputes and if i withdraw the application before even her first temporary visa gets granted, would that sponsorship be counted by immigration irrelevant to whether later on her visa application s granted or not?
This is mainly because I have already exhausted one sponsorship and do not want to risk exhausting second (which is the last) one if the relationship is not working out. I know I am thinking too much negative but just wanted to clear the concern.
Thanks a lot for your assistance.
Hi Daniel, If you withdrawal your sponsorship before the Partner visa Temporary is granted then you have not sponsored someone and so it doesn’t count as one of your 2 sponsorships.
Remember that you have to prove de facto to the satisfaction of Immigration and if you do not do so then the application will be refused. If you want some advice and assistance regarding your situation or your rights as a Sponsor then you can contact me directly – we specialise in assisting people with Partner visa applications and our success record is 2nd to none.
Regards,
Hi, My husband has withdrawn his sponsorship silently and as i received the email from Immi i was crying so much. In fact, we are still living together and we don’t not divorce. i have also written the email to officer to tell them that we are still on going and i love him so much. in this case, do i need to change any information from the visa form? or i just need to wait for the response from the Immi?
?
Hi Sofia, yes it is a difficult situation and there sounds like there is a lack of communication between you and your husband. There are a number of things that you can do, and certainly contacting Immigration is one of them.