Partner Visas: What Happens When a Relationship Ends?
The Australian Partner visa (subclass 820/801) offers a significant pathway for the de facto partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live, settle, and build their life alongside their Australian partner. This significant step is, of course, built on the foundation of a genuine and continuing relationship.
Life, however, is unpredictable, and sometimes, even the strongest relationships can change. If your relationship, as either the sponsor or the applicant, comes to an end while the visa application is still pending or even after a temporary visa has been granted, it’s absolutely crucial to understand the implications.
This article explains your responsibilities and how, in certain situations, the visa pathway can still continue.
Notifying the Department if Your Relationship Ends
As a Partner visa applicant or a sponsor, you have a responsibility to keep the Department of Home Affairs updated on the changes of your circumstances. This includes informing the Department if your relationship with the visa applicant or the sponsor has broken down.
Failing to notify the Department of a relationship breakdown can lead to the visa applicant’s application being refused or cancelled, and it could also affect the sponsor’s ability to sponsor future visa applications.
How to Notify: You can inform the Department by:
- Completing the relevant “Change in your situation” form available on the Department’s website.[1]
- Notifying them through your ImmiAccount online portal.
Partner Visa After Relationship Breakdown (Especially with a Child)
Even if a relationship ends, a Partner visa may still be granted under specific “compelling circumstances.” This is an important point for applicants to understand.
A visa might still be approved if:
- The applicant (or a dependent child) has experienced family violence committed by the sponsor during the relationship; and/or
- There is a child of the relationship, and the applicant has formal legal arrangements in place, such as:
- Custody or joint custody of the child.
- Access to the child.
- Specific court orders relating to the child’s residence or contact.
- The sponsor has a formal child maintenance obligation.
These provisions acknowledge that in certain situations, particularly where family violence has occurred or where there are children involved with formal arrangements, the visa applicant may still be eligible for permanent residency despite the relationship ending.
Navigating these situations can be complex. If you are a sponsor or applicant facing a relationship breakdown during a Partner visa process, seeking professional legal advice is essential to understand your rights and obligations.
[1] https://immi.homeaffairs.gov.au/change-in-situation/relationship-ended
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