Partner Visa - Relationship Breakdown

Partner Visa Relationship Breakdown Australia

Navigating Australian immigration law can be complex, and when a relationship breaks down during a partner visa process, the situation becomes significantly more difficult. The emotional stress is often compounded by legal uncertainty, particularly where a person’s right to remain in Australia is tied to the continuation of a relationship.

This guide is designed to provide a clear, structured and practical overview of what happens when a relationship ends during a partner visa process. It explains your legal obligations, the risks involved, and most importantly, the pathways that may still allow you to remain in Australia.

What is a Partner Visa?

An Australian Partner Visa is a combined application for temporary and permanent residency.

An Australian Partner Visa is a combined application for temporary and permanent residency, assessed in two stages:

• Onshore applications: Subclass 820 (temporary partner visa) then the Subclass 801 (permanent partner visa)
• Offshore applications: Subclass 309 (temporary partner visa) then the Subclass 100 (permanent partner visa)

These visas are granted on the basis that the applicant is in a genuine and committed relationship, to the exclusion of all others, with:

• An Australian citizen
• An Australian permanent resident, or
• An eligible New Zealand citizen

This requirement must be satisfied not only at the time of application, but also at the time the Department of Home Affairs makes a decision.

As a result, when a relationship breaks down, the Department must reassess whether the visa criteria continue to be met.

Why a Relationship Breakdown Matters

A relationship breakdown goes directly to the core requirement of the visa.

The requirement for a genuine and continuing relationship is central to eligibility. If that relationship ends, the Department may refuse the application or decline to grant permanent residency.

However, it is important to understand that a breakdown does not automatically mean the end of your visa pathway. Australian migration law recognises that relationships can end for legitimate and sometimes serious reasons, and it provides specific exceptions in certain circumstances.

Permanent Partner Visa Holders (Subclass 801 or 100)

If you have already been granted a permanent partner visa, your position is generally secure. A breakdown of the relationship after permanent residency has been granted will not affect your visa status. You remain a permanent resident of Australia, and your former partner has no ability to cancel your visa.

In most cases, there is no requirement to notify the Department of Home Affairs of the relationship breakdown once permanent residency has been granted.

What to Do If Your Relationship Breaks Down on a Partner Visa

If you hold a temporary partner visa, the situation is more complex. A breakdown of the relationship at this stage places your pathway to permanent residency at risk. You are required to notify the Department of Home Affairs as soon as possible.

Notification can be made through:

• Form 1022 – Notification of Change in Circumstances
• Your ImmiAccount (relationship cessation update)
• The Department’s online contact form

Once notified, the Department will usually issue a procedural fairness letter. This provides you with an opportunity to explain the situation and submit further information before a decision is made. You are generally given around 28 days to respond.

Important Clarification: Can Your Partner Cancel Your Visa in Australia?

No. Your sponsor cannot cancel your visa.

Only the Department of Home Affairs has the authority to:

• Grant a visa
• Refuse a visa
• Cancel a visa

However, your sponsor may:

• Withdraw sponsorship
• Notify the Department of the relationship breakdown

Therefore, if your sponsor withdraws their support or confirms that the relationship has ended, this will trigger a reassessment of your eligibility.

What Happens After a Notification

After you notify the Department of a relationship breakdown, the case officer will consider whether you continue to meet the criteria for the visa. This includes assessing whether any exceptions apply that would allow the visa to proceed despite the relationship ending.

At this stage, the Department is effectively asking whether there is a legal basis to grant permanent residency even though the relationship is no longer ongoing. Your response and the evidence you provide can significantly influence the outcome.

Options to Remain in Australia After a Partner Visa Relationship Breakdown

Even if your relationship has ended, you may still qualify for a permanent partner visa in certain circumstances:

• You have experienced family violence
• You have a child of the relationship
• Your sponsor has passed away

These exceptions are specifically built into Australian migration law to ensure fairness and protection.

Exception 1: Child of the Relationship

Where there is a child of the relationship, the Department may still grant a permanent partner visa even after separation. The focus in these cases is on the best interests of the child.

The Department will consider factors such as the applicant’s ongoing role in the child’s life, parental responsibility, and the nature of the relationship between the child and each parent.

This provision recognises that children should not be adversely affected by the breakdown of their parents’ relationship.

Exception 2: Death of the Sponsor

If the sponsor has passed away, the applicant may still be eligible for permanent residency. The Department will assess whether the relationship was genuine and ongoing prior to the sponsor’s death.

This ensures that applicants are not unfairly disadvantaged by circumstances beyond their control.

Exception 3: Family Violence Provisions (Detailed Explanation)

The family violence provisions are one of the most important protections available in the partner visa framework. They exist to ensure that applicants are not forced to remain in abusive relationships in order to maintain their immigration status.

Relevant Legal Provisions

The family violence exception is governed by:

• Regulation 1.23 of the Migration Regulations 1994 (definition of family violence)
• Regulation 1.24 (evidence requirements)
• Regulations 820.221(2)(d) and 801.221(2)(d) (onshore partner visas)
• Regulations 309.221(2)(d) and 100.221(2)(d) (offshore partner visas)

These provisions allow a visa to be granted even if the relationship has ended, provided that family violence can be established.

What Counts as Family Violence Under Australian Immigration Law

Family violence is defined broadly under migration law. It is not limited to physical harm.

Rather, it includes any conduct that causes a person to reasonably fear for their safety or wellbeing.

This means that many forms of behaviour, including non-physical conduct. Family violence can take many forms, including:

Physical Abuse

• Assault, hitting, pushing or restraining
• Threats of physical harm

Sexual Abuse

• Non-consensual sexual conduct
• Coercion or pressure

Emotional and Psychological Abuse

• Threats, intimidation or humiliation
• Isolation from family or friends
• Persistent controlling behaviour

Financial Abuse

• Restricting access to money
• Preventing employment
• Withholding financial support

Social Abuse

• Controlling social interactions
• Limiting contact with support networks

Migration-Related Abuse

• Threatening to withdraw sponsorship
• Using visa status as leverage or control
• Providing misleading migration advice to manipulate the applicant

What Evidence is Accepted?

To rely on the family violence provisions, evidence must be provided.

This can be either judicially determined or non-judicial.

• Judicially Determined Evidence

Judicially determined evidence includes formal findings such as court orders, criminal convictions, or injunctions. This includes:

• Court orders (e.g. AVOs)
• Criminal convictions
• Injunctions

Where such evidence exists, the Department will generally accept that family violence has occurred.

• Non-Judicial Evidence

In many cases, however, there may be no court proceedings. In those circumstances, non-judicial evidence can be used. Family violence can still be established through:

• Statutory declarations (from the applicant and witnesses)
• Reports from psychologists, doctors or counsellors
• Police reports (even without charges)
• Evidence from domestic violence support services

This is not an exhaustive list.

Where non-judicial evidence is provided, the Department may refer the matter to an independent expert for assessment.

The key requirement is to demonstrate that the relationship was genuine and that family violence occurred during the course of that relationship.

If accepted, the applicant may still be granted permanent residency despite the breakdown.

Case Study: Family Violence Exception – Successful Outcome

To better illustrate how the law operates in practice, we set out the following case study based on a matter handled by our office.

Our client was a male applicant who had lodged an onshore partner visa application and was residing in Australia on a temporary partner visa. During the course of the relationship, he became the victim of family violence perpetrated by his sponsoring partner. The relationship ultimately broke down, leaving the client uncertain about his visa status and concerned that he would be required to depart Australia.

Following initial consultations, our office obtained detailed instructions and carefully assessed the circumstances of the relationship, including the nature of the family violence and the available evidence. We then formally notified the Department of Home Affairs of the breakdown of the relationship and advised that the client intended to rely on the family violence provisions under the Migration Regulations 1994.

Shortly thereafter, the Department issued a procedural fairness (natural justice) letter, inviting the client to provide further information and evidence to support his eligibility for the permanent partner visa despite the relationship breakdown.

In response, our office prepared a comprehensive submission. This included:

• Judicially determined evidence in the form of an Apprehended Domestic Violence Order (ADVO) issued by the Court
• A detailed statutory declaration from the client outlining the history of the relationship and the family violence experienced
• Supporting legal submissions addressing the relevant provisions

The submission focused on establishing that:

• The relationship was genuine prior to its breakdown
• Family violence had occurred during the course of the relationship
• The client met the requirements for the family violence exception

Following consideration of the material, the Department requested further standard information, including updated police clearances and additional evidence of the relationship history. These requests are not uncommon and do not indicate a negative outcome; rather, they form part of the Department’s usual assessment process.

After all material was provided, the Department finalised the application within a relatively short period. The client was subsequently granted the permanent partner visa.

This case highlights the importance of:

• Promptly notifying the Department of a relationship breakdown
• Properly identifying eligibility under the family violence provisions
• Providing strong, structured evidence and legal submissions

It also demonstrates that even where a relationship has ended, a successful outcome is achievable with the correct legal strategy and supporting material.

Case Study 2: Non-Judicial Family Violence Evidence Pathway

In another matter handled by our office, the client was a female applicant who had already been granted a Subclass 820 (temporary partner visa). She approached our office after her relationship had ended and expressed concerns about her ability to remain in Australia.

Following a detailed consultation and careful assessment of her circumstances, it became clear that she had been subjected to multiple forms of family violence during the relationship. This included physical abuse, emotional and psychological abuse, financial control, social isolation, and migration-related abuse, where her visa status was used as a means of coercion.

Importantly, there were no court orders or court findings in place. As a result, the matter proceeded under the non-judicial evidence pathway in accordance with Regulation 1.24 of the Migration Regulations 1994.

Our office worked closely with the client to develop a comprehensive evidentiary framework. This involved guiding her through the process of obtaining supporting documentation from relevant medical practitioners, including reports that detailed the impact of the abuse. We also assisted her in preparing a detailed statutory declaration outlining the history of the relationship, the nature of the violence, and its ongoing effects. In addition, we prepared a structured legal submission addressing the relevant legislative provisions and clearly articulating how the evidence satisfied the family violence criteria.

All material was carefully collated and submitted to the Department of Home Affairs.

Following an initial assessment, the Department referred the matter to an independent expert (IE) for determination. The client attended an assessment conducted via telehealth, during which the independent expert evaluated the evidence and her account of events.

The independent expert subsequently made a favourable finding, concluding that the client had been a victim of family violence within the meaning of the Migration Regulations. This finding was provided to the Department and is generally given significant weight in the decision-making process.

On the basis of this determination and the supporting material provided, the Department proceeded to grant the client a Subclass 801 (permanent partner visa).

This case demonstrates that even in the absence of court orders or court proceedings, it is still possible to successfully rely on the family violence provisions. With the right guidance, strong supporting evidence, and a well-prepared legal submission, applicants can navigate the independent expert process and achieve a positive outcome.

Risks of Failing to Act

Failing to properly manage a relationship breakdown can have serious consequences. If the Department is not notified, or if the situation is handled incorrectly, this may lead to visa refusal or cancellation.

In some cases, a person may become unlawful in Australia or trigger exclusion periods. These issues can have long-term impacts on future visa applications.

Common mistakes include delaying notification, failing to gather evidence, or withdrawing an application without understanding the consequences.

Review and Appeal Options

If a partner visa is refused following a relationship breakdown, you may have the right to seek a merits review at the Administrative Review Tribunal (ART). This is an important safeguard, as the Tribunal has the power to reconsider the entire case afresh, rather than simply reviewing whether the Department made an error.

In practical terms, this means the Tribunal can:

• Re-examine all of the evidence previously provided
• Consider new evidence, including material that was not before the Department
• Assess whether you meet the legal requirements for the visa, including any applicable exceptions such as family violence or the existence of a child of the relationship

This is particularly significant in relationship breakdown matters, where circumstances may evolve over time or where evidence (such as medical reports, statutory declarations, or independent expert findings) may only become available after the Department has made its decision.

Strict time limits apply when lodging an application for review.

In most cases involving partner visa refusals the application must be lodged within 28 days of receiving the decision

These timeframes are legally enforced and strictly applied. The Tribunal generally does not have discretion to accept late applications (except in very limited circumstances). If the deadline is missed, you may lose your right to have the decision reviewed altogether.

What Happens During the Review Process

Once an application is lodged, the Tribunal will:

• Acknowledge the application and confirm your review rights
• Provide directions for lodging further evidence
• In some cases, list the matter for a hearing (although some matters may be decided “on the papers”)

You may be invited to attend a hearing where you can:

• Give evidence
• Clarify your circumstances
• Address any concerns raised by the Tribunal

This is often a key opportunity to explain the breakdown of the relationship and demonstrate how you meet any applicable exceptions.

Possible Outcomes at Appeal

At the conclusion of the review, the Tribunal may:

• Set aside the decision and substitute a new decision (for example, finding that you meet the criteria for the visa), or
• Affirm the decision, meaning the refusal remains in place

If the decision is affirmed, further options may be limited and could include judicial review to the Federal Circuit and Family Court of Australia, which focuses on legal errors rather than the merits of the case.

Alternative Visa Pathways

If you are no longer eligible for a partner visa, it may still be possible to remain in Australia through another visa pathway. This may include skilled migration, employer sponsorship, or a student visa, depending on your circumstances.

Each option requires careful consideration, particularly where issues such as unlawful status or exclusion periods may arise.

How much does an immigration lawyer cost?

Matters involving a breakdown of a relationship in the context of a partner visa — particularly those relying on the family violence provisions — are often complex and require careful preparation, detailed evidence gathering, and structured legal submissions.

Our professional fees for these types of matters generally cover:

• Detailed consultations and case assessment
• Preparation of legal submissions
• Assistance with statutory declarations and evidence collation
• Ongoing communication with the Department
• Case management

Each matter is different, and a tailored fee estimate will be provided following an initial consultation once we have a clear understanding of your circumstances.

Conclusion

A relationship breakdown during a partner visa process is a significant and often overwhelming event. However, it is important to understand that it does not automatically mean the end of your ability to remain in Australia.

Australian migration law provides specific protections, particularly in cases involving family violence, children, or exceptional circumstances. The key is to act promptly, understand your legal position, and ensure that your case is presented properly.

Speak to an Immigration Lawyer Specialising in Partner Visa Relationship Breakdowns

If your relationship has ended during a partner visa process, it is essential to obtain advice from an immigration lawyer who specialises in partner visa relationship breakdowns. These matters are legally complex and require a clear understanding of the Migration Regulations, particularly where issues such as family violence, sponsorship withdrawal, or Tribunal review rights arise.

At K & D Lawyers, we provide tailored advice to individuals facing partner visa complications following a separation. We assist with notifying the Department of Home Affairs, preparing detailed legal submissions, gathering and presenting evidence, and advising on your eligibility under key exceptions such as the family violence provisions or child of the relationship criteria.

Early legal advice can make a significant difference to the outcome of your matter. A properly prepared case, supported by strong evidence and a clear legal strategy, can improve your prospects of remaining in Australia and securing permanent residency.

If you are dealing with a partner visa relationship breakdown, we recommend seeking advice as soon as possible to understand your options and protect your position.

Legal Advice Disclaimer

The information provided on this website is for general informational purposes only and does not constitute legal advice.

You should not rely on the information on this website as a substitute for obtaining specific legal advice tailored to your situation.

If you require legal advice, you should contact our office to obtain advice specific to your circumstances.