One of the most common question we are asked is what happens to my partner visa application if our relationship breaks down?
We always emphasise to our clients that you must always be transparent and honest when dealing with the Department of Home Affairs (Department).
Section 104 of the Migration Act 1958 (Act) requires you to inform the Department of any changes in your circumstances that affect any answer to a question in your application form.
In the situation of a partner visa, you can still be eligible if:
- you have experienced family violence from your sponsor during your relationship;
- you have a child of the relationship; or
- your sponsor has died.
What are situation changes that the Department of Home Affairs need to be advised about?
The Department requires you to advise them if your situation has changed or is about to change in any of the following circumstances:
- your passport details have changed including being issued with a new passport
- your personal details have changed such as a sex and/or gender change
- your relationship has changed and your are no longer in a relationship or have a new partner
- you withdraw the application
- as a sponsor you withdraw that sponsorship
- your sponsor dies
- you have a baby
- your study situation has changed if you are on a student or similar visa where your course finishes early, or you want to change courses
- your job situation has changed
You can tell the Department about your change of circumstance by email or through your immi account.
You should submit a Form 1022 ‘Notification of changes in circumstances’ outlining the changes in your circumstances that affect any answers on your application form.
The Forn 1022 should not be confused with the Form 1023 ‘Notification of incorrect answer(s)’ which is to notify the Department that you have supplied it with any incorrect information.
A failure to notify the Department of any changes may result in sanctions or action being taken against you such as refusal or cancellation of a visa.
It is important that the notification of a change in circumstances is equally important for the visa applicant as well as a sponsor.
How can FC Lawyers help?
It is important to remember that whilst a change in circumstances could seem catastrophic to your visa application it is important to get advice and consider what options are available.
At FC Lawyers we have helped numerous clients with these types of issues.
Contact our team today if your situation changes during your visa application.