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I’m on a Partner Visa and my Relationship has Broken Down – What can I do?

If you have lodged a Partner Visa application and your relationship has ended with very little chance of reconciliation, there is an obligation to inform the Department of Home Affairs.

This may result in one of the following impacting your immigration status:

  1. Both Provisional and Permanent Partner Visas Approved
    In this case, your immigration status as an Australian permanent resident will continue and you would look to the next phase of your journey, Australian citizenship.
  2. Provisional and Permanent Partner Visa applications Lodged and Undecided
    Where you have lodged a partner application and both stages remain undecided, the applications will be refused.
    You may need to consider whether withdrawing the application before it is refused is the most appropriate step to take. If you hold a bridging visa in effect, it will allow you to remain in Australia for 35 days from the date of the Department’s decision to refuse the partner visa applications.
  3. Provisional Partner Visa Approved and Permanent Visa application Undecided
    If you have been approved a provisional visa and the permanent stage is undecided, the provisional visa will cease to exist and the permanent application will be refused.There may be instances where a permanent residence is still granted:

    • The relationship has broken down due to family violence; or
    • You and your partner have children and you are both listed as having custody or access rights

Conclusion

A relationship breakdown is a personal and difficult process to manage. This can be further impacted if you do not understand your rights, visa obligations or even options to remain in Australia lawfully.

Migration Down Under can guide you through the requirements of lodging a partner visa application whilst also helping you to manage any unforeseen developments that could impact the visa outcome.

To discuss your needs or get detailed advice on your visa options please contact us to book a consultation.

Published Thu 13 June 2019. Tags: ,

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