What to Do If Your Relationship Ends Whilst You Have an Australian Partner Visa Pending?
If your relationship ends while on a temporary Australian partner visa (Subclass 820 or Subclass 309), or on a Bridging Visa A with your 820 visa still pending, you are obligated to inform the Department of Home Affairs.
Your visa may be refused or cancelled unless you can demonstrate that the breakdown meets certain exceptions.
If the relationship ends after the grant of a permanent partner visa, the visa generally remains valid.
If the breakdown is due to family violence, the Department may consider exceptions for granting permanent residency, but this is assessed on a case-by-case basis. The family violence must have occurred while the relationship existed.
- You may be still be eligible for a permanent visa if:
you and your sponsor have joint custody or joint access to a child, or - Your sponsor has formal maintenance obligations towards your child
If your sponsor informs the Department of Home Affairs your relationship has ended, then you can expect to receive a Natural Justice Letter, providing you 28 days to respond to the allegations.
If your relationship has broken down permanently and you do not have children together, and there are no allegations of family violence, the Department of Home Affairs will:
- Refuse your visa application, if not yet decided, or
- Cancel your provisional partner visa – either Subclass 820 or 309
What are your options?
Depending on your circumstances, you may be able to:
- Withdraw your application and lodge a new visa application, provided you meet the criteria for the new visa (eg, an employer-sponsored visa)
- If your visa is refused and you believe there are grounds to appeal, lodge an application with the Administrative Appeals Tribunal. Be aware, however, that current delays are lengthy.
Common Myths Busted!
- Your Australian sponsor cannot directly cancel your visa
- A breakdown in your relationship doesn’t automatically lead to visa cancellation
- You cannot hide a relationship breakdown from the Department of Home Affairs
- If the sponsor withdraws their sponsorship, the visa is not automatically cancelled
What to Do Next?
- Notify the Department that your relationship has ended
- Seek Legal Advice of a Registered Migration Agent
- Gather evidence to support your claims if you are citing family violence
- Explore other visa pathways, such as employer sponsored visa
Let one of our Registered Migration Agents at Migration Downunder assist you in getting back on track if your relationship has derailed!