What Happens if Your Sponsor Withdraws Their Support in WA?

In Australia, and specifically in Western Australia (WA), a very intimate relationship is formed between the visa holder and the sponsor when it comes to migration sponsorship. While you are in Australia under an employer-sponsored visa or while on a partner visa, your presence in Australia is a function of that sponsorship.

What happens if your sponsor states they do not wish to remain as your sponsor?

Seek other professional advice from migration lawyers Perth WA to help navigate this difficult situation.

Sponsorship

Sponsorship in Australia is an official obligation by a certified individual or organisation to sponsor a visa applicant. The sponsor may be an employer, a partner or a family member, depending on the type of visa. For example:

• Employer-sponsored visas (e.g. the Temporary Skill Shortage visa – subclass 482) involve an employer nominating and hiring the visa holder in a particular position.
• Partner visas require that the applicant maintain a relationship with the Australian partner or spouse.
• Families or carers’ visas depend on the continuation of financial and emotional support by the sponsor.

Your visa for Australia has been validated on the basis of the sponsorship you have from the Department of Home Affairs (DHA).

What Happens When a Sponsor Withdraws Support?

The effects of the withdrawal of sponsorship depend on the visa. This is what occurs typically under varying conditions:

1. In the case of an Employer-Sponsored Visa

When you are on an employer-sponsored visa (such as subclass 482 or 186), the support of your employer depends on your employment. In case the employer withdraws their sponsorship or terminates your employment, they must inform the Department of Home Affairs. Once this happens:

• Failure to get another sponsor within a short time (usually 60 days) may lead to cancellation of your visa.
• You cannot legally work with your former sponsor anymore.
• You need either to apply for another valid visa to locate a new employer who would be willing to sponsor you, or to make plans to move out of Australia before the expiry of your visa.

The inability to act in time might result in the cancellation of the visa and possible complications when it comes to submitting the next visa application.

2. For Partner or Spouse Visas

Where a partner visa is concerned, if your sponsor withdraws their support before the permanent stage is provided, the Department may refuse or cancel your visa. This is mainly due to the fact that the visa is based on an actual and ongoing relationship.

But exceptions do exist. You can still stay in Australia provided that:

• Your sponsor has caused family violence to you or your dependent children.
• Your Australian fiancée has died.
• You are a joint or shared custody or parental guardian to an Australian child.

In such situations, strong evidence is essential to the Department and urgent consultation with migration lawyers Perth WA is required in order to defend your rights.

3. For Family and Carer Visas

Family-sponsored visas (such as Parent, Carer or Remaining Relative visa) require the applicant to have a willing and able sponsor. The Department can reject the visa application unless a new qualified sponsor is nominated within a specific period of time (in case the sponsor withdraws).

Can You Get a New Sponsor?

Yes, you can in most instances. As an example, in case you lose your employer sponsor on a subclass 482 visa, you can find another Australian business that has been approved or is interested to becoming an approved sponsor.

However, the new sponsor must:

• Lodge a new nomination.
• Prove that the position is still real and complies with the salary and competencies.

Until you are given the new sponsorship, you should make sure that you have an authentic visa and follow all terms and conditions.

Cancellation of Visas and Bridging Options

In case your sponsorship is already revoked, and you have not yet secured a new sponsor, you still have temporary possibilities:

• The bridging visa will enable you to remain in Australia legally as you pursue other visa possibilities.
• Depending on your situation, you may seek an alternative visa (such as a student visa, partner visa or skilled visa).

Nevertheless such transitions have to be well-timed and appropriately registered so as not to violate visa terms.

Final Thoughts

It might be difficult when you lose the sponsor of your journey, but it is not exactly the end of the road. Regardless of whether it was employer-based, partner-based, or family-based sponsorship, there are legal procedures and visa options that might allow you to stay in the country.

In case your sponsor has pulled out the sponsorship, you should not delay but seek the advice of migration lawyers Perth WA in order to know your rights and possibilities within the Australian legislation.