Is it possible to stay in Australia if my relationship with my partner or spouse breaks down?

If your relationship breaks down there are several things you must do:

1. Tell the Department of Home Affairs (‘Department’). You must always keep the Department informed of any change of circumstances. It is very important to bee transparent and honest in your dealings.
2. Once you have told the Department of the breakup of the relationship you will be given twenty-eight (28) days to provide information regarding the reason your visa should not be cancelled. It is very important that any submissions you make are based on the facts and circumstances appropriate to your matter.

The Department when considering whether to cancel your visa or not will consider the following matters:

1. Was the break up due to family violence? This requires considerable evidence and you need to make sure that any allegation of domestic violence is supported by evidence which is acceptable to support a finding allowing your visa not to be cancelled.
2. Is there shared parental responsibility of any child of the relationship?  Again, this requires specific evidence to support it.
3. The death of your partner and that if that had not occurred the relationship would have continued.

It is important when a relationship break down (or break up) happens you get professional advice. Whilst these are the exceptions to cancelling the visa above there can also be the opportunity to apply for alternative visas.

What to do now when your relationship breaks down?

Our team at Visa Australia has years of experience assisting partners whose relationships have broken down. Contact us today to discuss your migration options with our team of Registered Migration Agents.