Yes, a sponsor can withdraw. Nobody can be forced to sponsor a partner. Because clause 820.221 of Schedule 2 to the Migration Regulations 1994 requires the sponsorship to have been approved and to be still in force at the time of decision, a withdrawal usually means a pending 820 cannot be granted. What matters then is which of the alternative criteria apply, and the law keeps more of them open than most people expect. The provisions here were read on the Federal Register of Legislation on 23 September 2026.
What does withdrawing sponsorship actually mean?
It means the sponsor tells the Department they no longer support the application. It does not mean the sponsor cancels anything.
- Before the 820 is granted, the sponsorship is a live requirement. Clause 820.221A requires the sponsorship to have been approved by the Minister, and clause 820.221(4) requires, at the time of decision, that "the sponsorship has been approved by the Minister and is still in force". Withdrawal removes that.
- After the 820 is granted, the sponsorship still matters, because clause 801.221(2) requires the applicant to continue to be sponsored by the sponsoring partner for the permanent visa.
- A sponsor cannot cancel a granted visa. Cancellation is a decision for the Department under the Migration Act 1958, on its own grounds and with its own procedures. A sponsor can supply information; they cannot supply a decision. What can happen after a grant is set out under visa cancellation.
Information given by a sponsor is also not accepted at face value. Where the Department proposes to refuse a visa because of information that is specifically about the applicant or another person and was not given by the applicant, section 57 of the Migration Act requires it to give particulars to the applicant and invite comment. Those letters are explained under natural justice letters.
Can the sponsor be changed?
No. The Department's position is unqualified: "You cannot change your sponsor. The person who sponsors you when you apply for the visa must be the same person who sponsors you for 2 years after we grant your temporary Partner visa (subclass 820)."
The Regulations are written the same way. Clause 801.111 defines the sponsoring partner for the permanent stage as the Australian citizen, Australian permanent resident or eligible New Zealand citizen specified as the applicant's spouse or de facto partner in the 820 application, and clause 801.221(2) requires the applicant to continue to be sponsored by that person. A new relationship with a new Australian partner does not attach to the old application; it is a new application, with everything that follows, including the cost.
Important
withdrawal of sponsorship and the end of a relationship are different events, even though they usually arrive together. Clause 801.221(2) requires both that the applicant continues to be sponsored and that they are still the spouse or de facto partner of the sponsoring partner, so each is assessed separately.
What does the Department do when a sponsorship is withdrawn?
It assesses the application against the criteria that remain available. At the temporary stage, clause 820.221(1) lets an applicant either continue to meet the requirements they applied under, or meet the requirements of subclause (2) or (3); clause 801.221(1) has the same structure at the permanent stage. The practical effect is a set of alternative routes:
| Situation | Provision | What has to be shown |
|---|---|---|
| The sponsoring partner has died | Clauses 820.221(2) and 801.221(5) | The applicant would otherwise continue to meet the requirements, and satisfies the Minister the relationship would have continued had the sponsoring partner not died |
| The relationship has ceased and there has been family violence | Clauses 820.221(3)(b)(i) and 801.221(6)(c)(i) | The applicant, or a dependent child of the applicant or the sponsoring partner or both, has experienced family violence committed by the sponsoring partner |
| The relationship has ceased and there is a child | Clauses 820.221(3)(b)(ii) and 801.221(6)(c)(ii) | The applicant has custody, joint custody or access, or a residence or contact order under the Family Law Act 1975, for at least one child in respect of whom the sponsoring partner has joint custody or access granted by a court, a residence or contact order, or a child maintenance or other formal maintenance obligation |
These are criteria, not concessions, and they carry their own evidence requirements; Division 1.5 of the Regulations contains the special provisions on family violence. If none applies, refusal is the likely outcome, and a refusal letter gives the reasons and says whether there is a right of review — see appealing at the ART.
What must the applicant tell the Department?
The change, in writing, as soon as practicable. Section 104 of the Migration Act 1958 provides that if circumstances change so that an answer to a question on a non-citizen's application form is incorrect in the new circumstances, the person must inform an officer in writing of the new circumstances and of the correct answer. That obligation runs while the application is undecided — and the permanent 801 stage is still undecided for years after the 820 is granted.
The Department also asks to be told when relationship status changes, a child is born, or contact details or passports change, and points applicants to a Notification of Relationship Cessation form in ImmiAccount where a relationship has ended. The general form is Form 1022 Notification of changes in circumstances. See telling Home Affairs about changes.
Notifying is not conceding. Telling the Department the relationship has ended does not decide whether an alternative criterion applies; it starts that assessment.
When withdrawal is used as a threat
Sometimes the threat to withdraw sponsorship is not about the relationship at all. It is used to control someone — to keep them from working, from calling family, from leaving, from reporting violence. The law has provisions for exactly that situation, and they are not a technicality or a last resort.
The point to hold on to is this: the family violence provisions exist so that a permanent partner visa does not depend on staying in a violent relationship. Where the relationship has ceased and the applicant or a dependent child has experienced family violence committed by the sponsoring partner, clause 801.221(6) can allow the permanent visa. The Department must first be satisfied the relationship was genuine and ongoing before it ended and that family violence took place; if it is not satisfied, it refers the person to an independent expert, who contacts them for an interview.
Practical things that make a difference:
- The Department publishes detailed guidance on the Family violence provisions and on Family violence evidence, and a broader page on Domestic and family violence and your visa.
- Free, confidential support services operate in every state and territory, including services for people on temporary visas, and can help without any immigration step being taken first.
- The Department advises people in unsafe relationships to change their ImmiAccount password, avoid saved passwords and consider a new email account, and points to the eSafety Commissioner's checklist.
- Time limits are short once a decision is made, so get advice early rather than after a refusal letter arrives.
How the provisions work in detail, and what evidence is accepted, are set out under family violence provisions.
An application that reaches this point is more likely to succeed if it is prepared by an Australian migration lawyer. The criterion people miss is not the relationship itself but the framing: an applicant relying on clause 801.221(6) has to establish the relationship was genuine and ongoing before it ended, which is a different task from proving an ongoing relationship, and it usually has to be done from documents gathered while the relationship was intact.
Next: if the relationship has ended, start with if the relationship ends. If a child is involved, read the child of the relationship provision. If the sponsor has died, if your sponsor dies sets out what applies. To go back a level, see who can sponsor an 820 visa.
Common questions
Can my sponsor withdraw their sponsorship of my partner visa?
Yes. No one can be compelled to remain a sponsor. Clause 820.221 of Schedule 2 to the Migration Regulations 1994 requires that the sponsorship has been approved by the Minister and is still in force at the time of decision, so a withdrawn sponsorship normally means the subclass 820 cannot be granted. A sponsor cannot cancel a visa that has already been granted, though; only the Department can do that, under the cancellation provisions of the Migration Act 1958.
Can someone else sponsor me instead?
No. The Department of Home Affairs says you cannot change your sponsor, and that the person who sponsors you when you apply must be the same person who sponsors you for two years after the temporary subclass 820 visa is granted. The permanent subclass 801 criteria are written the same way: clause 801.221 requires the applicant to continue to be sponsored by the sponsoring partner named in the 820 application.
What happens to my application if my relationship ends?
The Department considers whether any of the alternative criteria apply. At the temporary stage, clause 820.221 allows the visa where the sponsoring partner has died, or where the relationship has ceased and the applicant or a dependent child has experienced family violence committed by the sponsoring partner, or where certain custody, access or child maintenance arrangements exist. Clause 801.221 contains matching provisions at the permanent stage. If none applies, the application is likely to be refused, and a refusal usually carries review rights.
Do I have to tell the Department that my relationship has ended?
Yes. Section 104 of the Migration Act 1958 requires a non-citizen to inform an officer in writing, as soon as practicable, if circumstances change so that an answer on their application form is no longer correct. The Department also says to tell it if your relationship status changes, and points to a Notification of Relationship Cessation form in ImmiAccount. Not telling the Department creates a separate problem on top of the relationship one.
My partner keeps threatening to withdraw sponsorship if I do not do what they want. What can I do?
Threats of that kind are recognised in the migration system. If you or a dependent child have experienced family violence committed by the sponsoring partner and the relationship has ceased, the family violence provisions in Schedule 2 and Division 1.5 of the Migration Regulations 1994 can allow the permanent visa to be granted even though the relationship has ended. The Department of Home Affairs publishes detailed pages on the family violence provisions and the evidence required, and free confidential support services operate in every state and territory.
Sources
Keep reading
Sponsorship Limitations: Previous Sponsorships and the Five-Year Rule
How regulation 1.20J limits partner visa sponsorship: two partners, five years between applications, the waiver, and the rules on sponsor convictions.
Read the guide →
Sponsor Character Checks and Police Certificates
What police checks an 820 sponsor can be asked for, which convictions stop a sponsorship being approved, and what the applicant is told.
Read the guide →
Eligible New Zealand Citizens as Partner Visa Sponsors
What an eligible New Zealand citizen is under regulation 1.03, how a sponsor proves that status, and the subclass 444 trap for 820 holders.
Read the guide →