Changes in Partner Visa: Regulation Amendments to Relationship Cessation Provision
The Australian Government made a significant announcement on 21 June 2024. The Partner Visa Australia application changes were unveiled, particularly related to the relationship cessation provision. These changes aim to improve and expand access to the provision.
The changes will directly affect the applicants and holders of the following visas:
- Prospective Marriage Visa (subclass 300),
- Partner Visa Onshore (subclass 820/801), and
- Partner Visa Offshore (subclass 309/100).
We have summarised the changes in Partner Visa Australia below.
What is the relationship cessation provision?
The relationship cessation provision enables Partner Visa Australia (subclass 820/801 and subclass 309/100) applicants to lodge and be granted the visa despite the cessation of their relationship with their sponsoring partner. The relationship cessation provision consists of the following:
- Death of sponsor provision, in which the sponsoring partner passed away during the process of the visa application.
- Child of relationship provision, in which the visa applicant possesses custody, joint custody, or access to a kid; or a residence order or contact order issued in connection with at least one child under the Family Law Act of 1975, with respect to whom the sponsoring partner:
- possesses a residence order or contact order issued under the Family Law Act of 1975;
- is required to pay child maintenance under the Family Law Act of 1975 or any other formal maintenance obligation;
- has been awarded joint custody or access by a court.
- Family violence provision, in which the visa applicant or their family unit member has experienced family violence committed by the sponsoring partner.
If you have experienced one of the above provisions, you still have a chance to apply for and be granted a Partner Visa Australia. You can learn the process here, or don’t hesitate to contact us for more details on navigating this process and increasing your chances of success with the relationship cessation provision.
Changes in relationship cessation provision for Partner Visa Australia
Firstly, the Australian Government updated the wording in the Family Violence provision, which previously stated that the applicant or the family member must suffer from domestic violence to experience domestic violence committed by the sponsoring partner.
In addition, the Australian Government also expanded the requirement that the relevant family violence or part of the domestic abuse must have happened while the relationship existed, including intended spouse relationships. Previously, the regulation on Family violence provision only referred to violence that occurred during the marriage or de facto relationship.
In line with these changes, the Australian Government also provides the holders of Prospective Marriage (subclass 300) visa access to the child of relationship provision and allows them to apply for a Partner Visa (subclass 820/801) under the relationship cessation provision even though they have not married their sponsoring partner.
Yes, you read it right. As a holder of a Prospective Marriage (subclass 300) Visa, you can apply for and be granted a Partner Visa (subclass 820/801) even though you have not married your sponsoring partner if one of the following happened:
- Your sponsoring partner passed away before your marriage (only for current holders of 300 Visa); or
- Your relationship has ended with your sponsoring partner, but you have joint custody of your child or children; or
- You experienced family violence during the period of your relationship with your sponsoring partner.
All of the above changes will commence on 1 July 2024.
Read more: Options for Australia Partner Visa After Relationship Breaks Down
Other changes in Partner Visa Australia
The following changes in Partner Visa Australia will be in place on 1 July 2024:
- Remove the requirement to be continuously sponsored at the time of decision where the relationship ceased due to one of the circumstances in the relationship cessation provision. This is applicable for Prospective Marriage Visa (subclass 300) applicants.
- Allow the grant of a Partner Visa (subclass 309) based on the death of the sponsor or child of the relationship provision even though the applicant has not entered Australia at any time since the visa lodgment.
- Allow the grant of Partner Visa (subclass 309) based on Family violence provision without requiring the applicant to be in Australia at the time of decision. However, the applicant must have entered Australia at any time since the visa lodgment.
- Remove the requirement to demonstrate “ties” to Australia where the sponsor has passed away. This applies to all Partner Visa (subclass 820/801) applicants.
- Allow the applicants of Partner Visa and Prospective Marriage Visa to be in or outside Australia to receive their application decision.
- Access to merits review for refusal cases of Prospective Marriage Visa (subclass 300) is retained.
If any of the above changes confuse you or significantly affect your Partner Visa application, don’t hesitate to contact us for further discussion.
Changes in Partner Visa fee for 300 Visa Holders
Along with announcing changes in relationship cessation provisions for Partner Visa Australia, the Australian Government updated the Partner Visa fee specifically for Prospective Marriage (subclass 300) Visa holders. The following Partner Visa fee will apply to onshore Partner Visa applications submitted on 1 July 2024 by holders or former holders of Prospective Marriage Visa:
- Partner Visa Fee for Prospective Marriage Visa holders
- Main applicant: AUD1,515
- Dependent aged 18 and above: AUD 760
- Dependent aged under 18: AUD 380
- Partner Visa Fee for Prospective Marriage Visa former holders
- Main applicant: AUD 1,920
- Dependent aged 18 and above: AUD 960
- Dependent aged under 18: AUD 485
Read more: Upcoming Immigration Changes Australia in July 2024
What does it mean to you?
The changes in relationship cessation provisions for Partner Visa Australia will provide a more straightforward definition of your rights, offering a sense of security. This is especially crucial if you have experienced domestic abuse in your relationship. It also demonstrates the Australian Government’s significant commitment to:
- End violence against women and children;
- Ensuring migrants (including their children) are safe and free from violence; and
- Ensuring victim-survivors of family violence do not feel compelled to remain in a violent relationship for fear of losing access to permanent residency through their Partner Visa application.
It is your time to move on from a violent relationship and get your rights in the best way. ONEderland Consulting is here to provide the support and assistance you need if you face one of the relationship cessation provisions and need help with your Partner Visa application.
Our commitment aligns with the government’s commitment to end violence and ensure you get your rights. No matter your situation, our Registered Migration Agent is ready to assist. We stand by our service with a 100% money-back guarantee:
We’re here to help you!
Our visa specialists at ONE derland Consulting are here to help you with any concerns about the changes in Partner Visa Australia. We have a 98% success rate and are one of Australia’s most highly recommended migration agents, which should give you confidence in our ability to assist you. 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 profession’s Code of Conduct issued by the MARA.
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 by email at [email protected] or by phone at 1300 827 159. Alternatively, you may book your consultation online, and it is backed by our 100% Money Back Guarantee Program.
