What Happens to Your Partner Visa After a Relationship Breakdown?

Breakups are challenging for everyone involved, but when a relationship involves partners from different countries, the situation can become even more complicated. In Australia, many couples apply for a partner visa to allow the non-Australian partner to live and work in the country. But, what happens to a partner visa if the relationship breaks down? In this blog, we will explore this question, provide an overview of partner visas, and how this relationship breakdown affects your ability to stay in Australia, and the steps you need to take.

 

What are the Types of Partner Visas in Australia?

According to the Department of Home Affairs (DHA), there are two main types of partner visas that you may be granted:

  1. Temporary partner visas: Subclass 820 and Subclass 309
  2. Permanent partner visas: Subclass 801 and Subclass 100 

A permanent partner visa is usually only available to people who currently hold a temporary Partner visa (subclass 820).

 

Who Do I Need to Notify About the Relationship Breakdown?

It is likely that you have chosen to tell your family and close friends about the breakdown of your relationship. However, you must also inform the DHA about your relationship breakdown, especially if you have not yet been granted your partner visa. In order to inform DHA, there is an online form called the “Notification of Relationship Cessation” form that can be accessed through the DHA Immigration & Citizenship website or your ImmiAccount. If you are having difficulty with this form, you can also submit a Partner Processing Enquiry Form. It is important to notify the DHA as soon as possible after your relationship breakdown, as your visa may be cancelled if the DHA finds that your relationship has ended without you notifying them of such. Additionally, once the DHA has been notified that your relationship has ended, you will have 28 days to provide them with a response outlining to them why they should grant or let you continue to stay on a partner visa. 

 

Can I Stay in Australia if My Relationship Ends? 

There are only three instances in which your partner visa could still be eligible or you could still be granted one after a relationship breakdown:

  • Your partner dies: If your partner has tragically passed away, you may still be allowed to remain in Australia. However, you must be able to prove that your relationship would have continued had your partner not passed away.
  • You and your ex-partner have a child together: If you and your ex-partner have a child together and share joint custody, you may be allowed to stay. In order to be allowed to remain in Australia, you must be able to prove that you are financially responsible for the child and/or have parental rights.
  • You and/or your child has suffered family violence: If you have been a victim of family violence at the hands of your ex-partner, the Australian government may allow you to remain. However, you will have to provide evidence to prove your claims of family violence. 

 

How to Prove Family Violence 

Domestic and family violence is a crime in Australia, and includes any form of behaviour that instils fear for your or your family’s safety.  If you are facing domestic violence, it is essential to see help by contacting the police, your doctor, or a family/domestic violence crisis centre for support. More support and information can be found on the DHA website.

In order to prove family violence to the DHA, there are two categories of evidence that is required:

  1. Judicial evidence: These are more formal documents such as police reports, court orders, and apprehended violence orders (AVOs).
  2. Non-Judicial evidence: These documents are used to document physical and/or psychological damages that result from domestic violence inflicted upon you by your ex-partner. Documents that are classified as non-judicial evidence include medical records, social work reports, psychological reports, etc.

 

What Happens If My Partner Visa is Cancelled?

If, in the event that you have a relationship breakdown, your partner visa is cancelled, you have two options available:

  1. Apply for a different visa type that you qualify for, or
  2. Plan your departure from Australia

Of course the second option is not ideal for most people. Luckily, there are a variety of other visa types available outside of partner visas. Visa types that you could apply for include:

  • Working holiday visas; 
  • Student visas; 
  • Skilled migrant visas; 
  • Holiday visas; 
  • Refugee visas; 

You can find out more about your eligibility for these visas on the DHA website or seek legal help from a killed immigration lawyer. 

 

Looking for Guidance on What Will Happen to Your Partner Visa After a Relationship Breakdown?

If you're concerned about what will happen to your partner visa after a relationship breakdown, the team at Pullos Lawyers is here to help. Our experienced lawyers have extensive knowledge dealing with difficult family law issues, and can guide you through the complexities of maintaining your partner visa during challenging times. Pullos Lawyers specialises in a broad range of family law matters, including property settlements, spousal maintenance, and child support. For expert advice and comprehensive support, contact us today to understand how we can help you navigate your legal journey with confidence and care.