The pitfalls of withdrawing a partner visa application

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The pitfalls of withdrawing a partner visa application


 

This is a ‘how to’ on withdrawing your partner visa application properly, as well as navigating the issues and consequences likely to arise when doing so.

The Filipino partner visa applicant or their Australian sponsor can withdraw the application by advising the Department of Immigration and Border Protection (DIBP) in writing at any time before DIBP makes a decision on your application.

This is done vialetter, email or completing Form 1446 –‘Withdrawal of a visa application’. We don’t recommend the first option.

Please note: Removing the application from your Immi Account, does not withdraw the application.

Your letter of withdrawal (if you still insist in doing it this way) should include your full name, date of birth, date of application, and file reference number/transaction record number (if, you were already issued one).

Don’t forget that everyone included in the application who is 18 years of age or older must sign the form or letter of withdrawal.If you applied online (which is now compulsory, by the way) you can attach Form 1446 to your application.

About those consequences…

You’ll realise immediately that in almost all cases, any Visa Application Charge (VAC) you paid to DIBP is non-refundable. As of posting this blog the VAC for all partner visa applications costs Aud. $ 7,000 dollars.

If you were on a bridging visa when you withdrew your partner visa application or if your partner withdraws their sponsor application, the bridging visa remains valid for ONLY 28 days after DIBP is advised of the withdrawal.

Even if you withdraw your sponsorships the Australian sponsor, under certain circumstances, and if your former Filipino fiancé or partner has been granted a temporary visa and is already in Australia, they may still be eligible for a permanent Partner visa and may not be required to leave Australia. In addition, your former fiancé or partner will generally have the same rights and entitlements under Australian law (including the Family Law Act 1975) as an Australian-born person. This may mean that they are entitled to part of your property, assets and income.

By discussing your particular partner visa application with RESPALL (Migration) Australia is probably the best investment you can make to try and avoid a migration minefield and safely migrate to Australia from the Philippines.

Also, if you haven’t yet, please do sign up to receive our new FREE migration newsletter.

December 04, 2017