Relationship Breakdown and Partner Visa Australia

What Happens to Your Partner Visa After a Relationship Breakdown?

The effect of a separation depends on:

• Your current visa status
• Whether you have applied for a Partner visa
• Whether you hold a temporary Partner visa
• Whether your relationship has permanently ended
• Whether there are children of the relationship
• Whether family violence has occurred
• Whether your sponsor has died
• Whether you have another visa pathway available

You should not simply assume that your visa will automatically be cancelled or that you must leave Australia.

The Department of Home Affairs provides specific processes for notifying changes in relationship circumstances.

Partner Visa and Separation

If you have applied for or hold a Partner visa and your relationship has ended, you may need to notify Home Affairs.

For eligible Partner visa applicants, the Department may continue assessing the application in certain circumstances even after the relationship with the sponsor has ended.

These circumstances can include:

1. Family Violence

Family violence provisions may allow an eligible Partner visa applicant to continue towards permanent residence even though the relationship with the sponsor has ended.

The relevant requirements must be satisfied, including requirements concerning the relationship and the family violence experienced.

2. Death of the Sponsor

There may be circumstances where a Partner visa application can continue after the sponsoring partner has died.

Home Affairs specifically identifies the death of the sponsoring partner as one circumstance where a Partner visa application may continue despite the relationship ending.

3. Child of the Relationship

There may also be circumstances where the applicant and sponsoring partner have a child and share access and parental responsibility.

This can be relevant to the continuation of a Partner visa application after the relationship ends. The specific legal requirements need to be considered for the individual case.

Family Violence and Partner Visa Applicants

If your relationship ended because of domestic or family violence, you may have important immigration protections.

Home Affairs states that eligible Partner visa applicants or holders may be able to remain in Australia on a permanent visa where:

• They have applied for or hold an eligible visa
• They experienced domestic or family violence
• The alleged perpetrator was their former partner or sponsor
• The violence, or part of it, occurred while they were in the relationship
• The relationship has ended.

The relevant provisions can apply to certain applicants connected with:

• Partner visa subclass 820
• Partner visa subclass 309
• Prospective Marriage visa subclass 300 in specified circumstances

The exact eligibility requirements depend on the visa and circumstances.

What Evidence May Be Required?

If you are making a family violence claim, Home Affairs may first need to establish that you were in a genuine and ongoing relationship with your former sponsor before the relationship ended.

Relationship evidence may include:

Financial Evidence

Examples can include:

• Joint bank account statements
• Joint mortgage or lease documents
• Household bills
• Joint loans
• Evidence of jointly owned assets

Household Evidence

Examples may include:

• Evidence of shared living arrangements
• Household bills
• Correspondence addressed to both partners
• Evidence of responsibility for children
• Information about how household responsibilities were shared

Social Evidence

Examples can include:

• Joint invitations
• Evidence of shared social activities
• Travel records
• Evidence of common friends
• Evidence that the relationship was known to government or other organisations

Commitment Evidence

Examples may include:

• Evidence of ongoing communication
• Knowledge of each other's personal and family circumstances
• Evidence of combined personal affairs
• Wills
• Evidence showing the nature of the commitment between the partners.

Home Affairs recognises that gathering evidence can be difficult, particularly after a relationship breakdown, and may allow additional time where appropriate.

Family Violence Evidence

Once Home Affairs has assessed the relationship evidence, it may assess the family violence claim.

The evidence must establish that:

• At least part of the alleged family violence occurred while the relationship existed; and
• The former sponsor or relevant former partner was the alleged perpetrator.

Depending on the circumstances, evidence may come from different sources and the Department may request additional information.

An independent expert process may also apply in some circumstances where the Department is not satisfied based on the initial evidence.

How to Notify Home Affairs About a Relationship Breakdown

If your Partner visa relationship has ended, you should notify Home Affairs through the appropriate process.

For many Partner visa applicants, the Notification of Relationship Cessation form is available through the Update Details section of ImmiAccount.

You may need to provide information such as:

• Date the relationship ended
• Details of the former sponsor
• Whether family violence occurred
• Whether you have children with your former sponsor
• Supporting documents relevant to your circumstances

If you do not have access to ImmiAccount, Home Affairs provides other ways to notify the Department, including the Partner processing enquiry process.

Protect Your Online Safety

If your relationship has ended because of domestic or family violence, protecting your online accounts can be important.

Home Affairs recommends considering steps such as:

• Changing your ImmiAccount password
• Avoiding saved passwords
• Changing your email password
• Creating a new email account if necessary
• Using an email address that your former partner cannot access

Where a family violence option is selected in the relevant notification process, Home Affairs may remove the Partner visa application and sponsorship application from existing ImmiAccounts as a safety and privacy measure and contact the applicant about restoring access.

What If Your Partner Withdraws Sponsorship?

A sponsor can notify Home Affairs that they no longer wish to sponsor their former partner.

However, withdrawal of sponsorship does not necessarily mean that the visa application will simply be decided without further consideration.

Home Affairs states that where a relationship has ended, there may still be grounds for the applicant to be granted a permanent Partner visa. The applicant must also be given an opportunity to respond to relevant information before a decision is made.

What If You Have Reconciled?

If you and your sponsor have separated but later reconcile, Home Affairs should also be informed.

The Department's Partner visa guidance indicates that applicants can notify Home Affairs if their relationship with their sponsor has recommenced and provide relevant information and supporting declarations.

Relationship Breakdown While Holding a Temporary Partner Visa

If you hold a temporary Partner visa such as:

• Subclass 820
• Subclass 309

and your relationship has ended, do not assume that your temporary visa immediately becomes invalid.

Your circumstances should be assessed carefully, particularly if:

• You have experienced family violence
• Your sponsor has died
• You have a child with your sponsor
• You have already reached the permanent visa assessment stage
• You have another substantive visa
• Your relationship has resumed.

The correct action depends on your individual immigration circumstances.

Relationship Breakdown Before Permanent Partner Visa Grant

For eligible Partner visa applicants, the Department may still be able to consider the permanent visa after the relationship ends where the relevant legal provisions apply.

Home Affairs specifically recognises relationship cessation situations involving:

• Death of the sponsoring partner
• Family violence
• A child of the relationship where the required parental arrangements exist.

This is why receiving professional advice before withdrawing an application or making major changes to your visa situation can be important.

Relationship Breakdown and Your Visa Options

If the Partner visa pathway is no longer available, there may potentially be another visa pathway depending on your circumstances.

Possible considerations may include:

• Another family visa
• Skilled migration
• Employer-sponsored migration
• Student visa
• Temporary work visa
• Regional visa
• Other eligible visa options

Eligibility depends on your circumstances and the requirements applicable at the time.

A relationship breakdown should therefore be assessed as both a family-law/relationship issue and an immigration-status issue where a visa depends on the relationship.

What Should You Do After a Relationship Breakdown?

If your Partner visa is affected by separation, consider the following steps:

Step 1 – Check Your Current Visa

Use VEVO to confirm your current visa, expiry date and conditions.

Step 2 – Identify Your Partner Visa Stage

Determine whether you:

• Have applied for a Partner visa
• Hold a temporary Partner visa
• Are waiting for permanent Partner visa assessment
• Hold another visa

Step 3 – Notify Home Affairs

Where required, notify the Department that your relationship has ended or changed.

Step 4 – Consider Family Violence Provisions

If family violence has occurred, determine whether the family violence provisions may apply.

Step 5 – Collect Supporting Evidence

Keep relevant documents concerning:

• Your relationship
• Separation
• Children
• Family violence, if applicable
• Sponsor death, if applicable
• Your current visa status

Step 6 – Obtain Professional Advice

Before withdrawing an application, leaving Australia or making another major immigration decision, obtain advice based on your individual circumstances.

If You Are Experiencing Domestic or Family Violence

Your safety comes first.

You do not have to remain in a relationship where you fear for your safety or the safety of your family.

If you are in immediate danger in Australia, call 000.

Home Affairs also directs people experiencing domestic and family violence to 1800RESPECT on 1800 737 732, which provides 24/7 support.

Home Affairs has a dedicated Domestic and Family Violence Support Section that can provide information and support concerning visa and immigration matters.

Frequently Asked Questions

Does separation automatically cancel my Partner visa?

No. The immigration consequences depend on your visa status and individual circumstances. There are specific provisions that may allow an eligible Partner visa application to continue after a relationship ends.

Can I still get permanent residence after separation?

In some circumstances, yes. Family violence, the death of the sponsor and certain circumstances involving a child of the relationship can allow an eligible Partner visa application to continue.

What if my sponsor withdraws their sponsorship?

The withdrawal of sponsorship does not necessarily mean that the applicant cannot be granted a permanent Partner visa. Home Affairs states that there may still be grounds for grant and that the applicant will be given an opportunity to respond to relevant information.

What if family violence caused the relationship breakdown?

Eligible Partner visa applicants may be able to use the family violence provisions. The Department will assess the relationship and the evidence of family violence against the relevant requirements.

Can I notify Home Affairs that my relationship has ended online?

For many Partner visa situations, the Notification of Relationship Cessation form can be accessed through the Update Details section of ImmiAccount. If you cannot access ImmiAccount, alternative enquiry processes are available.

What if my sponsor has died?

Home Affairs recognises the death of the sponsoring partner as one circumstance in which a Partner visa application may continue despite the relationship ending. The applicable requirements must still be satisfied.

What if we have a child together?

Having a child with your former sponsor may be relevant to whether a Partner visa application can continue. The specific requirements concerning access and parental responsibility must be considered.

Should I leave Australia after my relationship ends?

Do not make this decision solely because your relationship has ended. Your visa status and any available provisions should be checked first. Leaving Australia can have immigration consequences depending on your circumstances.

Get Professional Partner Visa Advice

A relationship breakdown can affect your immigration status, but the correct outcome depends on your individual circumstances.

At The Visa and Education Services Pty Ltd, we can help you understand your available Australian migration options and the steps that may apply after a Partner visa relationship ends.

Registered Migration Agent: Navneet Kaur – MARN 2318181

If your relationship has ended, particularly where family violence, children, sponsor death or another complex circumstance is involved, seek advice before making decisions that could affect your visa application or status.

Important: Australian immigration legislation, policy and visa requirements can change. Information on this page is general information only and should be checked against current Department of Home Affairs requirements for your circumstances.