# Withdrawn Sponsorship - subclass 309 spouse visa



## gypsygirl (May 4, 2010)

Does anybody know If a spouse withdraws sponsorship, and gets notified by Immigration they are no longer obligated as a sponsor, and it is still under a month since the withdrawal, whether it is possible to retract that withdrawal due to reconciliation with their partner who is living in Australia? And whether that means that the original subclass 309 visa is still valid in this case?

Any advice would be appreciated.


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## Wanderer (Jun 16, 2007)

I think the only way you'll find that out is for the sponsor to contact Immi and best to do that immediately.
They may consider a reversal of the request but then again they may not for once an organisation like Immi has initiated action it is often legislation that prevents it being undone.


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## gypsygirl (May 4, 2010)

Thanks for that. Immigration said that as long as the partner came back and Immigration was notified it should all be OK as the subclass 309 visa isn't technically cancelled just because the sponsorship is withdrawn. They indicated though that it just meant that the Sponsor would no longer be the sponsor! And that as long as the relationship was continuing, then the spouse would still be able to apply for the full residency after two years. I guess that's also on the proviso that the spouse comes back in time from being notified of their intentions (which is 30 days after receiving notification that sponsorship is withdrawn) or I'm guessing the visa would be cancelled unless they apply for full residency on grounds of death of partner (not applicables), children involved (not applicable), or there was domestic violence (spouse was a male and there was none of that going on! Although I know spouse only has to provide non-judicial evidence but that for men I read they make it harder as Immigration get their own assessors in....and rightly so!). There's no other visa the spouse could apply for is there?


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## Wanderer (Jun 16, 2007)

I may have mis=interpreted what you had initially posted for I was thinking along the lines of the you still had the 309 visa application being processed and in that situation I could not see how they would be able to proceeed without a sponsor.

Now in addition to


> due to reconciliation with their partner who is living in Australia?


 you have also put


> I guess that's also on the proviso that the spouse comes back in time from being notified of their intentions (which is 30 days after receiving notification that sponsorship is withdrawn)


So now I am still a bit confused on exactly what the situation is and it could be that if communication with Immi is also not so clear you could get something misleading, so before further comment can you state clearly:
*.re 309, do you have that or is it in process.*
If you have it, then the advice you have received is largely correct and that two years from your application there will be the opportunity to show that the relationship still exists for the PR to be granted.
I'd not at all be surprised that given the sponsorship withdrawal they could want more information than usual and even do a home visit.

You still have me confused with


> the spouse comes back in time from being notified of their intentions


If you mean you have rejoined your sponsor within 30 days of being notified of Immi's intentions, it'll depend on what their intention is!


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## gypsygirl (May 4, 2010)

Sorry. Yeah it was a bit confusing. It was an offshore subclass 309 Visa that was granted last year and he is in Australia now. But due to problems of a cultural nature and also mental health issues the spouse took off and is staying in homeless shelters. 

The sponsorship was withdrawn, so sponsor is not obligated. But obviously Immigration would notify the spouse and the spouse has I believe about 28 days to respond whether they want to withdraw the application or continue with the permanent residency on the grounds I stated above (deceased partner, children or domestic violence - and none of these apply). 

So I'm guessing in this instance that the spouse would have to come back to the relationship before the elapsed 28 days otherwise Immigration's intentions, as far as my research reveals, is that under the Migration Act the application can be decided after the elapsed time (and given that the sponsorship was withdrawn, most likely they would cancel the application and his current visa). 

Reconciliation may or may not happen. It's been hard to communicate with the spouse as he has totally had a meltdown and due to privacy laws it's been difficult to get in touch with him through the homeless shelters. The fear is that someone has convinced him that he can apply for some visa on his own and he may well be doing this, but as far as I can tell it's the domestic violence one he can only apply for (although there never was any such thing in the relationship) but because it is based on non-judicial evidence he may be able to get it granted, although Immigration would be rather strict in this I've read because he is a male and they have independent assessors also interview the spouse (extremely unlikely he'd get it). Is there another visa he may be able to apply for?

Thanks for your help.


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## Wanderer (Jun 16, 2007)

OK, so just summing up, with what Immi have said


> and Immigration was notified it should all be OK as the subclass 309 visa isn't technically cancelled just because the sponsorship is withdrawn. They indicated though that it just meant that the Sponsor would no longer be the sponsor! And that as long as the relationship was continuing, then the spouse would still be able to apply for the full residency after two years. I guess that's also on the proviso that the spouse comes back in time from being notified of their intentions (which is 30 days after receiving notification that sponsorship is withdrawn)


. They're saying all will be OK if the spouse is back with the sponsor and in that situation a PR decision will not be made until as normally scheduled two years after TR application date.
. But in the serving of a notice, if the spouse has not returned it is likely that a cancellation would proceeed.
That is what I would expect would happen .

As for another visa, someone here in Australia on a visa that does not have a No Further Stay visa can apply for any other visa and obviously being granted one would be dependent on eligibility but if he is in some form of mental distress, would you think it is likely that he would open up to someone, regardless of any eligibility?
With the homeless shelters, if they have some community/mental health workers that can be tapped into, depending on where the spouse is from, perhaps if there was anything to be discussed it would be about seeking asylum but that would mean that he is hopefully being guided by someone who knows a little about the immigration regulations.

If you or your friend have some idea of where he is or what homeless groups are in touch with him, I suppose all you can do for now is to stress to them the importance that he does get some good advice/help and that to save his situation dramatically worsening, he should be encouraged to contact his spouse and at least be made aware that he is endangering the validity of his visa.


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## gypsygirl (May 4, 2010)

Thanks so much for your response. Yes, it's as I thought that if the spouse does not return the visa will likely be cancelled. That's the concern.

As to him seeking advice about staying on his own with another visa, despite his mental instability he may be looking at that. Someone had mentioned to him about a protection visa when he was with his spouse. But this does not apply to him. He is from Ethiopia and does not have recourse for applying for Asylum (especially since he was granted a spousal visa Red Cross has indicated).

The trouble with the homeless shelters is that they are not concerned about talking to the Australian spouse. When he was reported missing to the police, they tracked him down to a particular homeless shelter, but there is a tendency for homeless people to be shuttled form homeless shelter to homeless shelter depending on availability of beds. So to know exactly where he is, is difficult and they will not confirm one way or another if he is there due to privacy reasons. And of course messages had been left at the initial homeless shelter but in all honesty they are not concerned with helping the couple work their problems out and the fear is that he is being misguided. The worst thing is he would not have much access to Centrelink either we suspect so it makes it difficult for him to even contact family back in Ethiopia who know the situation and could perhaps help him by informing him that he is jeopardising his visa. There's still two weeks left so everybody is crossing their fingers he will settle his mind and contact the spouse. Otherwise it seems such a pity that two years of all the heartache of the application, and the waiting process and sacrifice on both parts has been all for nothing. Sometimes welfare organisations mean well, but in my opinion they can actually make people's lives worse!


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## vvvv (Oct 24, 2013)

Dear all 
My partner (male)has applied temporary spouse visa for me (female).its under porcess ..we are expecting medical check very soon .but now my partner is saying that he will withdraw my case.i dnt want this to be happen .he is not telling me anything ...
Can he do that ....?
If he withdraw my case .what are my rights ...?

Please guys help me out ....


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## CollegeGirl (Nov 10, 2012)

He can absolutely do that. In fact, if your relationship has broken down, you both are required by law to notify Immigration right away. Your visa status is solely based on your relationship. If he lets immigration know your relationship has broken down there's nothing you can do, I'm afraid. (And if your relationship HAS broken down, he is required to let them know, as I said. As are you, actually). 

Incidentally, you mentioned in another thread that you applied for a PMV - that is not a temporary spouse visa. It's a fiance visa. Just letting you know so you can get information on the right visa type.


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## kttykat (Oct 30, 2012)

vvvv said:


> Dear all
> My partner (male)has applied temporary spouse visa for me (female).its under porcess ..we are expecting medical check very soon .but now my partner is saying that he will withdraw my case.i dnt want this to be happen .he is not telling me anything ...
> Can he do that ....?
> If he withdraw my case .what are my rights ...?
> ...


What College Girl said is correct.

BTW can you please start your own threads, rather than attach your questions to a 2½ year old thread!!

Kttykat


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## vvvv (Oct 24, 2013)

CollegeGirl said:


> He can absolutely do that. In fact, if your relationship has broken down, you both are required by law to notify Immigration right away. Your visa status is solely based on your relationship. If he lets immigration know your relationship has broken down there's nothing you can do, I'm afraid. (And if your relationship HAS broken down, he is required to let them know, as I said. As are you, actually).
> 
> Incidentally, you mentioned in another thread that you applied for a PMV - that is not a temporary spouse visa. It's a fiance visa. Just letting you know so you can get information on the right visa type.


Thanks for your reply
Dear actually I m not aware of all these immi stuff -
yes u are right its fiance visa -could you please let me know how long is the processing time -
If he withdraw is there anything I can do


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## Mish (Jan 13, 2013)

vvvv said:


> Thanks for your reply
> Dear actually I m not aware of all these immi stuff -
> yes u are right its fiance visa -could you please let me know how long is the processing time -
> If he withdraw is there anything I can do


The processing time varies from embassy to embassy. In the acknowledgement letter that you received when you lodged it will tell you what the processing times are.

There is nothing you can do if he withdraws his sponsorship. The partner visa's are because you have a relationship with an Australian.


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## kttykat (Oct 30, 2012)

vvvv said:


> Thanks for your reply
> Dear actually I m not aware of all these immi stuff -
> yes u are right its fiance visa -could you please let me know how long is the processing time -
> If he withdraw is there anything I can do


Especially if the relationship breaks down before a 300 PMV. The pmv allows you to travel to Australia and marry within 9 months (It doesn't allow you to stay past 9 months), if you don't marry you can't apply for any kind of long term visa.

Kttykat


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## crocken (Sep 27, 2014)

*i was to cancel sponsorship*

my wife get a 309 partner visa and came to aust 5 months ago and now she has a new man and wants to leave me ,I think she know this man a long time and used me to get into Australia can I get her visa cancelled..?


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## aussiesteve (Mar 16, 2012)

crocken said:


> my wife get a 309 partner visa and came to aust 5 months ago and now she has a new man and wants to leave me ,I think she know this man a long time and used me to get into Australia can I get her visa cancelled..?


Hi
You are required by law to advise DIBP as soon as your relationship has broken down.
I would notify them immediately, they will do the rest!


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