Withdraw sponsorship

Happymike8 · 19th June 2016, 12:57 PM

Hi, I sponsored my Russian GF and 12yo son back in 2009 to come here on a prospective partner visa, but it broke down due to the fact that it appeared quite obvious to me, that she had come here for her own benefit, much more than mine. In other words, used me to get into Australia, and then did her best to become independent here as quickly as possible. After we broke up, I wrote to IMMI several times explaining the situation, but not a lot was done, I guess due to the fact that if we didn't marry, she would be off at the end of 9 months anyway, and that's exactly what happened. But before she left, we "made up" again, and have since rekindled the relationship. I was under the strong impression that she had "mended her ways" and had realised that it would be better to just have a normal relationship with me, than to try and "dupe" me again, to the extent that we applied for another prospective partner visa for her and her son in December 2014. In May, 2015, in an effort to speed the application up, I went to Russia and married her, and we changed the visa application to a partner visa application. If anything, it slowed things down because she was only granted the visa in May this year. She and her son arrived here exactly a week ago today, and unfortunately, within an hour of her stepping out of the arrivals hall, I realised that this leopard had not changed her spots, as so many of my friends had tried to warn me about. She immediately became demanding that she would need her own car, her own bank account etc, even though I had told her on many occasions in the previous 6 months that we would need to save the money for a car, she would not get one straight away. Then, on Monday, the day after arriving here, I took her to a solicitor to get "independent legal advice" (which I naturally had to pay for) on signing a "Nuptial Agreement", which she had agreed to BEFORE I agreed to marry her, in writing, in emails. But when she came out from the solicitor's office, she said it was "unfair" and she wouldn't sign it. I spoke to my solicitor about it, who advised that if she still didn't want to sign it a month later, I should have "big alarm bells ringing" and be considering withdrawing my sponsorship. She has been such a "pain", and we are not seeing eye to eye on so many things, that to me it is obvious again that she's here only to feather her own nest.

What is the procedure with withdrawing my sponsorship, and how long does it take? Will she be removed from my house at any point, or will she stay until the department decide whether or not to send her back. Should I also write to them, outlining the situation?

nvoorst · 21st June 2016, 07:00 PM

All you need to do is send a form 1022-"notification of change of circumstances" to the relevant DIBP processing centre. DIBP will send you an acknowledgement letter explaining the process.

They tend to act on it rather quickly and will contact your partner and advise her of her options. She'll have 28 days to respond initially, but the actual process to finalise her application one way or the other can take much longer.

Once you have withdrawn your sponsorship, you'll be out of the picture and receive no further information about your partner's visa application.

DIBP won't get involved with any domestic issues. They will just address the immigration issues.

Happymike8 · 24th June 2016, 10:20 PM

Thanks Nick, I called IMMI today and discussed the situation, and they have confirmed what you said.

Thanks for your reply,

Cheers.

ankush307 · 4th July 2016, 10:45 PM

Hi Nick,

I am Aus Citiizen and my wife is on sc309 Partner visa, stage 2 has not yet been reached. But we are in a bitter relationship due to massive irreconcilable differences . I adv her that relationship is over, and we need to separate,and I intend to file for divorce,Also I offered her to buy her a ticket to back home(India) but she refused and said she is not going anywhere and will continue living with me in the same house. I have tried all peaceful means of negotiating with her and her family but have reached a dead end. Now, I believe I have only limited options left. a) Inform DIAC about withdrawing my sponsorship, and b)since she is not moving out I have been told to approach Police to get a Intervention order issued to remove her from my house.

Is that correct?? And Once I withdraw my sponsorship, I hope I dont have to pay for her stay/Food/Pocket expenses in Aus once she is out of my home.

nvoorst · 5th July 2016, 08:10 PM

A)yes, you must notify DIBP
B)this is a civil matter and nothing to do with Immigration. You need to talk to a family lawyer and possibly the police

Don't do anything hasty or silly, to avoid potential family violence issues.

ankush307 · 5th July 2016, 11:02 PM

Hey Nick, Thanks so much for your advise.

ankush307 · 22nd September 2016, 10:13 PM

Hi Nick,

I just wanted to ask you for a favour, I am in melbourne and separated from my wife.

Where do I send the Form 1022 to notify withdrawal of sponsorship for partner visa. I went in person to DIBP office, they said since the appl was lodged offshore for sc309, they refused to accept it by hand and advised to call 131881 to ask if it needs to go to Offshore DIBP centre or Onshore.

1. Should I just post it to the DIBP Postal address in Melbourne
2. Any email address where I can email my form 1022

Thanks

nvoorst · 22nd September 2016, 10:18 PM

Quote:

Originally Posted by ankush307

Hi Nick,

I just wanted to ask you for a favour, I am in melbourne and separated from my wife.

Where do I send the Form 1022 to notify withdrawal of sponsorship for partner visa. I went in person to DIBP office, they said since the appl was lodged offshore for sc309, they refused to accept it by hand and advised to call 131881 to ask if it needs to go to Offshore DIBP centre or Onshore.

1. Should I just post it to the DIBP Postal address in Melbourne
2. Any email address where I can email my form 1022

Thanks

If the application is still being processed, email it to the overseas processing centre. If the 309 has been approved, email it to the Melbourne partner visa processing centre. Where and how was the application lodged?

ankush307 · 22nd September 2016, 10:37 PM

Appl was lodged at NewDelhi,India on 30 Dec 2014, Partner(Prov) sc309 was granted on 15 Oct 2015. Still haven't received any notification/invitation for eligibility towards Partner(Permanent)sc100 visa.

I have tried searching for which office to send but no info on DIBP website

nvoorst · 22nd September 2016, 10:39 PM

Email me and I will send you the correct contact details tomorrow.