Breakdown of Relationship – Partner Visas
Navigating the complexities of immigration can be challenging, especially when faced with the emotional and legal intricacies of a relationship breakdown. This information sheet may be relevant to you if your relationship with your sponsor for a partner visa has broken down. Designed for international couples and immigration seekers, this guide will help you understand your visa options and obligations when your relationship ends.
What is a Partner Visa?
An Australian Partner Visa is a combined application of the provisional and permanent visa. For onshore applications, the appropriate subclass is 820/801, and for offshore applications, it is 309/100. These visas are granted based on the satisfaction that you are 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.
Key Points to Consider
Permanent Partner Visa Holders (Subclass 801 or 100)
If you have been granted a permanent partner visa (subclass 801 or 100), and your relationship ends, your permanent residence in Australia will continue. You are not obligated to notify the Department of Home Affairs (DOHA) and can remain an Australian permanent resident.
Temporary Partner Visa Holders (Subclass 820 or 309)
If you have been granted a temporary partner visa (subclass 820 or 309) and your relationship ends, your visa will be at risk of cancellation. You must notify the DOHA of the relationship breakdown as soon as possible using one of the following methods:
- Via email with a Form 1022 “Notification in changes of circumstances”
- Via the online contact form
- Via your online ImmiAccount “Notification of relationship cessation”
Failure to notify DOHA appropriately may result in visa cancellation without notice due to a breach of visa conditions. DOHA may contact your sponsoring partner and request a formal withdrawal of sponsorship. However, they do not have the power to cancel your visa automatically. DOHA has sole authority over your visa status.
Upon notification, DOHA will typically send you a letter allowing you an opportunity to explain or comment on the situation within 28 days.
Options to Remain in Australia
Even if your relationship has ended, you may still be eligible for a permanent visa if:
- Family Violence: You have experienced family violence from your sponsor during your relationship and can provide substantial evidence.
- Child From the Relationship: You have parental responsibility for an Australian citizen child from the relationship.
- Your Sponsor Dies: Your sponsor has passed away.
Family Violence Provisions
The Australian Government has a zero-tolerance approach to domestic and family violence. The family violence provisions were introduced to ensure that partner visa holders do not feel compelled to remain in violent relationships to maintain their visa status in Australia. Family violence can include:
- Physical abuse
- Sexual abuse
- Verbal abuse
- Emotional abuse
- Social abuse
- Financial abuse
To be eligible for permanent residence under these provisions, you must demonstrate that your sponsor perpetrated family violence during your relationship. Notify the Department of Home Affairs about the cessation of the relationship and provide evidence of the family violence experienced.
Legal Advice and Alternate Visa Applications
If none of the above circumstances apply to you, it may be possible to apply for another visa that permits you to remain in Australia. Given the complexity of immigration laws, it is highly recommended to seek legal advice as soon as possible to explore your options.
Conclusion
Understanding your rights and obligations when your relationship with your sponsor ends is crucial. This guide aims to provide clarity and support during this challenging time. If you need further assistance, consider consulting with a migration lawyer to help you navigate the legal and procedural aspects of maintaining or obtaining a permanent visa under these circumstances.
For personalized advice and ongoing legal assistance, book a call with one of our expert immigration consultants today. We're here to help you every step of the way.
This content has been crafted to provide clear, concise, and crucial information for international couples and immigration seekers dealing with the breakdown of a relationship and its impact on their partner visa status.
