1. Immigration

Changes in Partner Visa: Relationship Breakdown and Your Options

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Changes in Partner Visa: Relationship Breakdown and Your Options

Things might change when you hold a Partner Visa or apply for the Partner Visa, for example, you might face a case like a Partner visa relationship breakdown. There are various circumstances that can lead to a relationship breakdown when you hold a partner visa or when your application is still in process.

If you are in this case now and wondering what happens next or what options you have left, we have compiled a list of all available options in case your relationship ends during the processing of your partner visa application or after the grant of the partner visa.

What happens if my relationship ends after I get my partner visa granted?

The answer would depend on what visa subclasses you hold, temporary Partner Visa or permanent Partner visa: 

  1. If you have the permanent partner visa 

This suppose you have already been granted a permanent visa. In that case, you do not need to take any further action. The visa will remain valid and won’t be affected by any changes in your circumstances. 

But can a permanent partner visa be cancelled in Australia?

It is possible, but only in specific circumstances, for example, if the Department of Home Affairs found that you provide fraudulent or misleading information in your application, then your 801 visa can be cancelled. 

  1. If you have temporary visa 

The situation will be different with the above case, and you might be required to provide specific information and documents, for example:  

  • The government would ask for physical evidence that your relationship ends
  • The government would ask for a written statement from you and your ex-partner to explain what happens in your relationship.
  • In case of divorce for a couple with children under a partner visa, it is the government’s responsibility to ascertain which parent is eligible to provide care to the child and take them back home. This decision will be based on specific criteria to ensure the child’s welfare and protection.

What if my relationship ends when my application is still in process?

In general, the Department of Home Affairs will give you and your ex-partner a chance to explain what happens in your relationship. You are welcome to provide the most genuine and truthful information about your relationship with your ex-partner. 

However, be prepared that the decision for your application might be not favorable as you will be considered to not meet the main requirement, which is that you should be in a genuine and continuing relationship with your sponsoring partner.

See things below: 

  • You’re applying for a temporary visa 

In this case you’ll be granted a bridging visa for 28 days along with a notice period starting from the date of the rejected decision. During the validity period of your Bridging Visa, you must quickly arrange your departure. If you need more time to prepare for it, you may apply for a Bridging Visa E with the purpose of preparing your leave for your home country. 

  • You’re applying for a permanent visa 

This means that you’ve been granted your temporary visa and are still waiting for a decision on your permanent partner visa.

In this case, your temporary Partner visa will be automatically ceased and you will get the bridging visa with 28 days validity date. You must arrange your departure within the validity period of your Bridging Visa. 

Other changes in your relationship that you must be aware of

Sometimes relationships end due to reasons beyond one’s control. While personal factors often influence relationships, specific changes can affect the status of your partner’s visa for living, studying, and working in the country.

Here are some situations with other opportunities, we have identified that may affect your visa status:

  1. Your spouse or partner passed away

If this happens, you must notify the Department of Home Affairs soon and provide the original document of your partner’s funeral and the causes that your spouse or partner passed away. 

You may still have a chance to be granted your visa, if you:

  • can prove that your relationship would have continued if your partner was still alive,
  • married to your partner before they passed away
  • have a close business, cultural or personal ties in Australia
  1. Family violence 

Family violence refers to any behavior, and nobody is required to stay in abusive situations. Whether it’s happening or just being threatened, that causes the victim to feel scared for their safety or to worry that something terrible might happen to them.

The Department of Home Affairs will still consider your application, and you may still have a chance to get the permanent residency. However, you are required to do the following steps: 

  • Notify the Department of Home Affairs

You should do this ASAP. After notifying them, they will transfer your application to your new Immi Account for your safety and privacy

  • Gather evidence of your relationship

Even though your relationship ends, show to the Department of Home Affairs that your relationship was genuine.  

  • Gather physical evidence of the domestic abuse

It can be either judicial or non-judicial evidence.

  1. Child/children in a relationship

If you have children from your relationship with your partner, and you both agree to divorce, it’s necessary to establish joint custody or shared access to the child/children.

Your child or children can be included in your visa application if they are under 18 years of age, not married, engaged, or in a de-facto relationship. If the child is 18 or older and wholly or partially dependent on you for basic needs, they can be included in your application for a maximum of 12 months.

What You Should Do if You’re Cancelled your Partner Visa:

  1. Be aware of your rights as a person that holds an Australian visa. 
  2. Your ex-partner couldn’t cancel your partner visa, they had no authority to assess your partner visa. Your sponsor can only request to cancel their sponsorship.
  3. Your ex-partner can tell DHA about your relationship changes, this means that you can expect a legal letter from the government. 
  4. After you receive the letter, you have 28 days to withdraw your other visa applications and respond to them. 

If you reply within 28 days, your visa application or partner visa will be terminated immediately after receiving your response. However, if you fail to comply with this requirement, your visa will be cancelled without any prior notice.

I’ve known the requirements, what should I do next if my relationship ends? 

You need to tell the Department of Home Affairs immediately about your relationship changes, even if it is related to Partner visa relationship breakdown. This is an important step for you because if they asked you to withdraw your application; they will need your explanation. 

To tell the government might be more complex progress for you, that is your sign to find your registered migration agent. 

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