If your relationship with your Australian sponsor ends while you are going through the Partner visa process, the application may be able continue but this will depend on a number of factors. Below we have outlined various scenarios and the things that you must do if your relationship breakdown.
I already have the permanent Partner visa
If you have obtained the permanent Partner (subclass 801 or 100) visa and the relationship breaks down after the grant of the visa, your permanent visa will remain in place. There is nothing that you need to do.
I have the temporary Partner visa
The temporary Partner visas are the subclasses 820 and 309. Holding one of these visas is the first step to a permanent (801 or 100) visa.
If your relationship breaks down while you hold the temporary Partner visa, you must advise the Department of Home Affairs (DoHA). Once you have advised DoHA of the breakup of the relationship you will be given a timeframe to provide information as to why 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.
Depending on why the relationship broke down, the Partner visa process may continue in very limited circumstances. The DoHA will consider the following matters:
- Was the break-up due to domestic or family violence? This requires considerable evidence, and you need to make sure that any allegation of domestic violence is supported by evidence. If it is determined that you experienced domestic or family violence, your temporary Partner visa will not be cancelled, and you will be able to proceed with the permanent stage.
- Is there shared parental responsibility of any child of the relationship? Again, this requires specific evidence to support it. If there is a child of the relationship, your visa will not be cancelled, and you will be able to proceed with the permanent stage.
- The death of your partner and that if that had not occurred the relationship would have continued. In this instance, your visa will not be cancelled, and you will be able to proceed with the permanent stage.
If your relationship has brown down for a reason other than those above above, the application process to the permanent Partner visa cannot continue. You will need to apply for a new visa or make arrangements to depart Australia. There may be other visa options available to you, such as employer sponsored visas, and we encourage you to contact us to consider your available options.