Partner Visa Sponsor Dies: What Happens to My Partner Visa and Should I Leave Australia?
Applying for a partner visa sponsorship is a significant step toward building a future in Australia with your loved one. However, when tragedy strikes, and a partner visa sponsor dies, it leaves you with uncertainty about your visa status and future.
This article outlines the options available if your partner visa sponsor dies, including a case study demonstrating our invaluable support in this heartbreaking situation.
Can I Still Get My Partner Visa?
Losing a partner sponsor can introduce significant emotional and legal challenges. However, Australian immigration law acknowledges these challenges and provides pathways to continue the visa process in some instances.
The Department of Home Affairs (DHA) may still grant a partner visa sponsorship if there are compelling circumstances. Factors like the nature of the relationship and shared commitments or others can influence a positive outcome.
Discover: Your Option After Relationship Breakdown
How Do I Proceed My Visa Without My Sponsor?
To lodge a partner visa sponsorship application after the death of your sponsor, you can follow these steps:
- Submit a notification of relationship cessation through your IMMI account. Select the option “sponsor death” to indicate the change in circumstances.
- Upload the death certificate or any other evidence confirming the sponsor’s passing.
- After submitting the notification of relationship cessation and uploading the required evidence, inform the Department by email.
In addition to following these steps, you must meet the specific criteria for your ongoing partner visa.
Find Out: Partner Visa Option and Requirements
Partner Visa Sponsor Dies Case Study: Shayne’s Heartbreaking Story
In 2003, Shayne was visiting Australia for a holiday and had just arrived in Melbourne when he met the lady who would become his future wife, Hannah.
Hannah was staying in the same hotel as Shayne, and they had met by sheer accident when they bumped heads while floating around in the hotel pool.
From that day onwards, they became acquaintances, smiling and saying hello whenever they saw each other.
Shayne finally struck up the nerve to ask her for a dinner date, only to learn it was the last day of her holiday in Melbourne.
After their date, which went really well, Hannah left for Sydney, but they stayed in touch, and Shayne soon found himself on a bus heading to Sydney for the last week of his vacation to stay and visit with her.
Shayne and Hannah’s friendship soon developed, and they stayed in contact almost every day after he returned to England, communicating through emails and phone calls.
The next time they saw each other, Shayne invited Hannah to spend the December holidays with him and his family at his home in Yorkshire.
During this time, their relationship blossomed into something more than friendship, and they shared their first kiss under the mistletoe.
After Hannah returned home, they continued to stay in contact every day with phone calls, emails, and video calls over Skype.
Soon, Shayne and Hannah were visiting each other quite regularly, and after three years, Shayne asked Hannah to be his wife.
She accepted, and before they knew it, their wedding plans were set into motion.
They were married in the spring in a ceremony fit for a king and queen.
It was wonderful to have Hannah’s family fly to England for the wedding, and the smile on his beautiful wife’s face that day would always be etched in Shayne’s memory.
After this time, Shayne and Hannah decided to apply for a partner visa based on their marriage.
They discussed their options for where they would settle, and it was decided that Shayne would move to Australia to live with his wife.
Hannah’s mother was not very well at that time, and they thought it best for her to be close to her mother since she was the only child.
Their Temporary Partner visa was granted in 2008 with the help of our Lead Registered Migration Agent, Indah Melindasari.
Shayne and Hannah settled well into their new home in Bondi, Sydney.
Shayne had started a new job as a computer technician, and Hannah continued her work as a veterinary assistant.
By the end of 2010, they were ready to apply for the second stage of their partner visa, and Shayne had received the greatest news of his life: he would be a father.
Their lives felt complete. Shayne and Hannah were so happy and in love, but Shayne’s world was shattered in the winter of 2010. Hannah was tragically killed in a car accident.
It took Shayne a long time to come to terms with the loss, and to this day, the pain of losing two of his most precious gifts is almost too unbearable to comprehend.
A month after the accident, as he slowly came out of what he describes as a dazed and confused state, Shayne realized that he might not be able to stay in their home.
Without his partner, who had sponsored his visa, his visa may no longer be valid.
Shayne would have to sell up and move back to England.
As you can imagine, the pain and heartache of losing his life partner and child were devastating enough. But the prospect of having to leave the home they had built together and the life they had shared was another catastrophic blow to Shayne’s already shattered heart.
He immediately contacted Indah at ONEderland Consulting to inform us that Indah would no longer need to continue with the second stage of their application.
Indah was incredibly compassionate and understanding. Indah advised Shayne not to lose hope, assuring him that there might still be a way for him to stay and remain in the home he and his beloved wife had built together.
Indah ensured Shayne knew he didn’t need to worry about anything, as our team would handle everything for him.
A few days later, Shayne received a call from us. We advised him that he would need to submit his wife’s death certificate along with some other documentation.
Shayne did so, and within 24 hours, he received notification from the Department of Immigration that, due to compelling circumstances, sponsorship for his Permanent visa would not be required, and his permanent Partner visa was granted.
Shayne told us, “If I did not have the support, knowledge and guidance from Indah and her team at ONE derland Consulting, I might have never known there was the chance of me being able to stay. I may very well have moved back to Yorkshire, not only grieving for the loss of my wife and child but also losing my home. The home that my beautiful wife and I built together, my sanctuary, where all my fondest memories were made. I cannot thank Indah and the wonderful team at ONE derland Consulting enough.”
There are numerous reasons why a partner visa sponsorship may be waived, with the death of a partner being just one of many compelling circumstances.
The decision to waive sponsorship for a partner visa depends entirely on the specific circumstances of each case. If you want further discussion about partner visa sponsorship, click here, and you will be connected with one of our registered migration agents.
So, Can My Visa Be Granted After My Partner Visa Sponsor Dies?
In cases of loss, the DHA may grant a waiver for the sponsorship requirement if there are compelling reasons, such as the death of a partner. Each case is evaluated individually, but with a well-documented history, shared commitments, and compassionate legal support, you can remain in Australia.
Securing partner visa sponsorship after the loss of your sponsor can be complex. However, with our guidance, you can obtain your partner visa quickly. With over a decade of experience in complex visa cases, we ensure a smooth, worry-free process so you can remain in Australia and continue cherishing the memories you built together. Click here to have a meaningful conversation with us.
ONEderland Consulting: Always on Your Side
We understand that applying for partner visa sponsorship can be challenging, especially amid unexpected life events that may shatter your life and plans. But you are not alone in this difficult journey—we are here to support you every step of the way.
We at ONEderland Consulting will help you save time and make a secure process during your visa application and health insurance enrollment. Our team of highly qualified and experienced migration specialists is dedicated to putting in a lot of effort and planning ahead of time on your behalf. We pay close attention to every detail and apply our extensive knowledge to handle even the most complex cases.
We are committed to being open and honest with you, keeping you updated and involved at every stage. We will work tirelessly to secure the best possible outcome for your future in Australia, and you can rely on us to be your dependable partner and advocate.
We are complex visa specialists. As registered Australian migration agents with the Migration Agents Registration Authority (MARA), we are regulated in our professional practice and bound by the profession’s Code of Conduct issued by the MARA.
Take the first step and contact us. Our team members are professional and honest and speak various languages, such as Mandarin/Chinese, Bahasa Indonesia, Arabic, Japanese, and Thai. Contact us by email at [email protected] or by phone at 1300 827 159. Alternatively, you may book your consultation online, and it is backed by our 100% Money Back Guarantee Program.
