Changes in Partner Visa: Relationship Breakdown and Your Options
Things might change when you hold a Partner Visa or apply for one. For example, you might face a case like a Partner visa relationship breakdown. Various circumstances can lead to a relationship breakdown when you hold a partner visa, or your application is still being processed. But the main concerns here are: what would happen when you break up after permanent residency is granted in Australia? Or can a permanent Partner Visa be cancelled in Australia?
If you find yourself in this situation, unsure of what steps to take or what options are available to you, rest assured that we are here to help. We have compiled a comprehensive list of all the available options in case your relationship ends during the processing of your partner visa application or after the partner visa grant.
First thing to do: Tell the Department of Home Affairs about your breakup
First and foremost, it is crucial to inform the Department of Home Affairs about your relationship breakdown. This is the initial and most important step you need to take in such a situation.
Suppose your relationship break up, even after your permanent residency is granted in Australia. In that case, you must inform the Department of Home Affairs immediately. You may worry it can cancel your permanent Partner Visa, but don’t worry. Your permanent Partner Visa will not be cancelled even after your relationship has broken down.
What happens if my relationship ends after I get my partner visa granted?
It’s important to understand that a relationship breakdown can have significant implications for your Partner Visa application. In most cases, the Department of Home Affairs may request that you leave Australia.
In addition, depending on what visa subclasses you hold, either a temporary Partner Visa or a permanent Partner visa, the following would happen:
1. If you have a permanent partner visa
If you have already been granted a permanent visa, you do not need to take any further action. The visa will remain valid and will not 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, suppose the Department of Home Affairs finds that you provided fraudulent or misleading information in your application. In that case, your permanent partner visa can be cancelled in Australia.
2. If you have a temporary partner visa
If your relationship break down while you hold a temporary partner visa, the process will be different. You may be required to provide specific information and documents, such as:
- The government would ask for physical evidence that your relationship ended.
- The government would ask for a written statement from you and your ex-partner explaining what happened 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.
Then, you will likely leave the country as you cannot continue the process of your permanent Partner Visa. Otherwise, if you have any supporting circumstances, like receiving a potential sponsorship from an Australian business, then you may have a chance to apply for a work visa.
Learn more: Options for Australia Partner Visa After Relationship Breaks Down
What if my relationship ends when my application is still being processed?
The Department of Home Affairs will give you and your ex-partner a chance to explain what happened 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 on your application might be challenging. You will be considered not to meet the main requirement for a partner visa application, which is to be in a genuine and continuing relationship with your sponsoring partner.
See the following for details:
1. You’re applying for a temporary partner visa
In this case, you’ll be granted a bridging visa for 28 days and 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, you may apply for a Bridging Visa E to prepare for your departure to your home country.
2. You’re applying for a permanent partner 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 automatically cease, and you will get a bridging visa with a 28-day validity date. You must arrange your departure within the validity period of your Bridging Visa.
Read more: What To Do After Partner Visa Refused and Relationship Breakdown
Are there any possibilities to remain in Australia?
Sometimes, relationships end for reasons beyond one’s control. While personal factors often influence relationships, specific changes can affect the status of your 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. Family violence
Family violence refers to any behaviour, 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 permanent residency. However, you are required to do the following steps:
- Notify the Department of Home Affairs: You should do this ASAP. After notifying the Department of Home Affairs, 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 the Department of Home Affairs that your relationship was genuine.
- Gather physical evidence of domestic abuse. This evidence can be judicial or non-judicial. Find more information about the evidence here.
2. Shared parental for child/children in a relationship
Suppose you have children from your relationship with your ex-partner, and you both agree to divorce. In that case, 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, unmarried, engaged, or in a de-facto relationship. Suppose the child is 18 or older and wholly or partially dependent on you for basic needs. In that case, they can be included in your application for 12 months.
Read more: Can a Second Stage Partner Visa Refused? What Is The Reason?
3. 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 close business, cultural or personal ties in Australia
What You Should Do if Your Partner Visa Gets Cancelled:
You must understand the following in facing your Partner Visa application being cancelled:
- Be aware of your rights as a person who holds an Australian visa.
- Your ex-partner couldn’t cancel your partner visa; they had no authority to assess it. Your sponsor can only request to withdraw their sponsorship.
- Your ex-partner can tell DHA about changes in your relationship, which means you can expect a legal letter from the government.
- After you receive the letter, you have 28 days to withdraw your other visa applications and respond to them.
You must reply to the letter within 28 days and provide the most truthful information regarding your relationship break down. Depending on your case, such as if you have one of the above reasons to remain in Australia, the Department of Home Affairs may reconsider your Partner Visa application. However, if you fail to comply with this requirement, your visa will be cancelled without prior notice.
What should I do next if my relationship breakup during the process of Partner Visa application?
You need to tell the Department of Home Affairs immediately about your relationship changes, even if they relate to a Partner visa relationship breakdown. This is crucial because they will need your explanation if they ask you to withdraw your application.
Telling the government might be more complex for you, and that is your sign to find your registered migration agent.
Are you seeking professional consultation to assist you with a cancelled Partner Visa in Australia?
Our visa specialists at ONEderland Consulting will assist you and give you complete suggestions about the proper steps to take and other visa options for you to apply for if you’re facing a Partner visa relationship breakdown. We have a 98% success rate and are one of Australia’s most highly recommended migration agents. Read our 4.9* score customer reviews.
We are complex visa specialists. As registered Australian migration agents with the Migration Agents Registration Authority (MARA), we are regulated in our professional practice and bound by the MARA’s professional Code of Conduct.
Take the first step and get in touch with us. Our team members are professional and honest and speak various languages, such as Mandarin/ Chinese, Bahasa Indonesia, Arabic, Japanese, and Thai. Contact us through email at [email protected] or via phone at 1300 827 159. Alternatively, you may book your consultation online, and it is backed by our 100% Money Back Guarantee Program.
