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Core guide / Sponsor withdraws

Withdrawing Partner Visa Sponsorship: Why a Sponsor Cannot Cancel a Partner Visa

Partner visa cancellation is not open to a sponsor: a sponsor can only withdraw sponsorship, in writing, at any time before the Department decides the permanent 801 or 100 application. Send the Department a written statement that you withdraw your sponsorship, through the Partner Processing Enquiry Form; removing the application from ImmiAccount does not withdraw it, and once the 820 is granted the sponsorship for that visa can no longer be withdrawn. The Department then tells the applicant and gives them a chance to respond, usually within 28 days for a written invitation in Australia, and the applicant may still qualify through the family violence, child or death-of-sponsor provisions. These rules are explained in Home Affairs’ Information for Partner visa sponsors and Subclass 820 sponsor guidance, section 57 of the Migration Act 1958 and the Migration Regulations 1994.

Sponsor and applicant tabs separating from one clip

Sponsor withdraws

Sponsorship withdrawal issue? An Australian migration lawyer can check the effect of a withdrawal and any response deadline. The shared enquiry form sends private questions to Australian Migration Lawyers.

Sponsor: how to withdraw Applicant: what happens next
Put it in writing: a statement that you withdraw your sponsorship, sent through the Partner Processing Enquiry Form The Department must tell you and let you respond before deciding under section 57
Deadline: before the 801 or 100 decision; not for the 820 once it is granted Respond within 28 days for a written invitation in Australia; 7 days if invited at interview or by phone
Removing the application from ImmiAccount is not withdrawal Your 820 stays in effect until the 801 decision is notified, unless you withdraw the application
You will not be told the outcome because of privacy law You may still qualify through family violence, a child of the relationship or the sponsor’s death

Home Affairs’ Information for Partner visa sponsors and Subclass 820 guidance explain the sponsor’s side; sections 57–58 of the Migration Act 1958 and regulation 2.15 and clauses 820.511 and 801.221 of the Migration Regulations 1994 govern the applicant’s response, visa duration and relevant exceptions. The response periods above are for applicants who are not in immigration detention.

Can a sponsor cancel a partner visa?

No. A sponsor cannot cancel your visa. The sponsor can withdraw sponsorship, but does not decide whether the applicant qualifies for a visa.

Visa cancellation is a power of the Minister or Department—not the sponsor—mainly under sections 109, 116 and 501 of the Migration Act 1958, with other powers applying in less common circumstances.

A sponsor also cannot withdraw the applicant’s visa application: section 49 of the Migration Act 1958 allows the applicant to withdraw it by written notice.

How to withdraw sponsorship for a partner visa

The Australian process for a sponsor searching for “how to cancel a partner visa” is withdrawal of sponsorship, not cancellation:

  1. Write a statement. Clearly state that you withdraw your sponsorship from the partner visa application, as directed by Home Affairs’ Information for Partner visa sponsors.

  2. Send it through the Partner Processing Enquiry Form. Home Affairs’ Information for Partner visa sponsors directs sponsors to that form.

  3. Do not rely on ImmiAccount removal. Home Affairs’ Subclass 820 sponsor guidance says: “You must tell us in writing.” Removing the application from your account is not withdrawal.

  4. Expect no outcome update. Home Affairs’ Information for Partner visa sponsors says privacy law prevents disclosure of application details, including the outcome and whether the applicant is in Australia.

For your own records, retain the statement and evidence of submission. A lawyer can check that the statement identifies the correct matter and accurately describes the action you intend.

When can sponsorship be withdrawn?

Before the permanent 801 or 100 decision. Home Affairs’ Subclass 820 sponsor guidance says sponsorship for the 820 itself cannot be withdrawn once that visa has been granted.

Withdrawal after the 820 grant can still matter at the 801 stage: clause 801.221(2)(b) of the Migration Regulations 1994 ordinarily requires the applicant to continue to be sponsored. Relationship-ended exceptions must be considered separately.

After permanent visa grant, there is no pending sponsorship left to withdraw. Section 117(2) of the Migration Act 1958 also prevents cancellation under section 116(1) while the permanent visa holder is in Australia and was immigration cleared on their last entry; this is not protection against every cancellation power.

What happens to the applicant after withdrawal?

  1. The Department invites a response. Home Affairs’ Information for Partner visa sponsors and section 57 of the Migration Act 1958 require the relevant information to be put to the applicant, with an explanation and an opportunity to comment before deciding.

  2. A deadline applies. Under regulation 2.15 of the Migration Regulations 1994, a written invitation in Australia ordinarily allows 28 days after notification; an invitation at interview or by phone allows 7 days, and detention cases allow 5 days. For offshore applications such as 309 or 300, use the period stated in the invitation. Home Affairs’ Partner visa FAQs say to request an extension before the deadline; a further 7 days may be allowed in Australia outside detention.

  3. Withdrawal does not immediately end the applicant’s visa. Clause 820.511 of the Migration Regulations 1994 keeps the 820 in effect until notification of the 801 decision or withdrawal of that application. Sponsorship withdrawal alone does not end a Bridging visa A held while awaiting the 820 decision.

  4. An exception may preserve eligibility. The Migration Regulations 1994 contain family violence, child-of-the-relationship and death-of-sponsor provisions. Since the 2024 amendments, clause 309.222(4) also permits a 309 grant without continuing sponsorship where a relationship-ended provision applies. Each route has conditions: having a child alone does not establish eligibility.

  5. Refusal and review are separate steps. Without an applicable exception, the 801/100 cannot be granted on the ended relationship. For a reviewable refusal, section 347 of the Migration Act 1958 allows 28 days after notification, or 14 days in detention, with no extension. The ART’s fees page lists $3,727 from 1 July 2026. Review eligibility must be checked rather than assumed, particularly for a 100 refusal.

See what happens if you break up on a partner visa for the applicant’s position. The protection people search for as a domestic violence visa is the family violence provisions of the partner visa itself, explained by Home Affairs’ family violence guidance.

Withdrawing the visa application instead (s 49)

Application withdrawal is the applicant’s action, not the sponsor’s. Section 49 of the Migration Act 1958 provides for written notice. Home Affairs’ Withdraw a visa application guidance and Partner visa FAQs require withdrawal of both partner stages—820/801 or 309/100—with a signed statement from each applicant aged 18 or over. ImmiAccount removal is not enough.

The consequences differ from sponsorship withdrawal:

An applicant should understand these consequences before withdrawing in response to a sponsor’s statement.

The sponsor’s undertaking after withdrawal

The undertaking is a commitment to assist the applicant financially and with accommodation for two years after temporary visa grant if the applicant is in Australia, or after first entry if outside Australia. Regulation 1.20(2)(c) of the Migration Regulations 1994 sets the undertaking; Home Affairs’ Subclass 820 sponsor guidance says it applies even if permanent residence is granted straight afterwards.

Home Affairs’ Subclass 820 page also says the sponsor cannot be changed.

The Department’s published guidance supplied for this page does not address whether withdrawal releases an undertaking already running. Do not assume withdrawal resolves that question.

Common mistakes when a sponsor withdraws

  1. Removing the application instead of writing. Home Affairs’ Subclass 820 guidance and Partner visa FAQs distinguish account removal from a written withdrawal.

  2. Trying to withdraw from an already-granted 820. Home Affairs says this is not possible; withdrawal then concerns the pending 801 stage and its continuing-sponsorship requirement.

  3. Expecting the visa to end that day. Section 57 requires an opportunity to respond, and clause 820.511 governs when the 820 ends.

  4. Withdrawing the application without comparing consequences. Home Affairs’ withdrawal guidance covers both stages and the BVA’s 35-day end; section 49 addresses refunds and the advantage that withdrawal is not a section 48 refusal. A reviewable refusal could instead be challenged within section 347’s deadline.

  5. Missing the response period. Regulation 2.15 provides the applicable periods, and Home Affairs’ FAQs direct applicants to request extensions before time expires.

Does a withdrawn sponsorship count toward the five-year rule?

Regulation 1.20J of the Migration Regulations 1994 counts relevant visa grants, not merely sponsorship lodgements. If your former partner received an 820 or 309 on your sponsorship before withdrawal, that grant counts and the five years run from their application date. A sponsorship that never led to a grant is not counted under regulation 1.20J(1)(a).

Will the Department tell me whether my ex-partner’s visa was refused?

No. Home Affairs’ Information for Partner visa sponsors says privacy law prevents disclosure of details, including the outcome and whether the applicant is in Australia.

Is there a fee to withdraw sponsorship?

Home Affairs’ Subclass 820 page lists sponsorship as costing nothing, and Information for Partner visa sponsors asks for a written statement without listing a withdrawal charge. Separately, section 49(4) generally prevents a refund when the applicant withdraws the visa application.

Can a 309 sponsor withdraw while the applicant is overseas?

Yes, before the 100 decision, under Home Affairs’ sponsor guidance. The applicant must follow the response period in the invitation. Clause 309.222(4) allows grant without continuing sponsorship where a relationship-ended provision applies; the family violence route requires entry to Australia after applying.

Can a sponsor withdraw after the permanent visa is granted?

No: there is no pending sponsorship left to withdraw under Home Affairs’ stated cut-off. Permanent residence does not depend on a former sponsor’s continuing consent.

A sponsor may need a timing and wording check; an applicant may need help checking the invitation, organising evidence and addressing an exception. Ask for a written quote specifying whether the work covers the statement, response, supporting documents or any later review. No fixed legal fee for this particular work is established here.

A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST, separate from the Home Affairs visa application charge.

Use the partner visa consultation page to enquire about legal help, or return to the Partner Visa Lawyer guide, a guide to legal help with Australian partner visas.

For an applicant, ask an Australian migration lawyer to check the Department’s response deadline and any family-violence, child or death-of-sponsor route; for a sponsor, check that any withdrawal is timely, written and accurate.