What Happens to My Partner Visa Application If My Relationship Breaks Down?
If your relationship breaks down, either during your Partner Visa is being processed or after getting the Partner Visa, you are required to notify the Australian Department of Home Affairs as soon as possible.
In this article, we will answer all questions in your mind:
- Can my partner cancel my Partner Visa?
- Should I take into account alternative visa options?
- Should I answer any correspondence from the Department of Home Affairs?
- If I’m a victim of domestic abuse in my relationship, can I still get my Partner Visa?
- Can I still get my Partner Visa if I have an Australian child from my relationship?
- What happens if my relationship ends up because my spouse (or partner) has passed away?
But, in general, what would be the result if my relationship broke up?
The result could be one of the following:
1. You have lodged Partner visa application and waiting for decision on Partner visa (Temporary) Visa
In this case, your Partner visa (temporary and permanent) applications would be refused. In this case, your bridging visa would last 28 days + notice period from the date of the decision.
2. Partner (Temporary) visa is granted, and currently waiting for decision on Partner (Permanent) visa
Your Partner (permanent) visa application would be refused. The Partner (temporary) visa would cease immediately, but you will be given a bridging visa that would last 28 days + notice period after the decision.
3. Partner (Permanent) Visa Granted
Nothing would change, your Partner (permanent) visa will continue as normal.
Read more: What To Do After Partner Visa Refused and Relationship Breakdown
Can my ex-partner cancel my Partner Visa?
No, your ex-partner cannot cancel your Partner Visa. Only the Department of Home Affairs that has the authority to cancel your Partner Visa.
If your relationship broke up, your ex-partner only has the right to cancel their sponsorship. They can contact the Department of Home Affairs to request for sponsorship cancellation.
Upon receiving the request for sponsorship cancellation, you will receive a letter from the Department of Home Affairs to provide comment regarding the cancellation of the sponsorship.
If the cancellation is approved, there will be three possibilities:
- If the Partner Visa application is still in process, your application will automatically be withdrawn and your Bridging Visa will have a 28 days validity period; or
- If you’re already granted the temporary Partner Visa, your temporary Partner Visa will be cancelled; or
- If you’re already granted the permanent Partner Visa, nothing will happen to your visa because the Department of Home Affairs cannot cancel your permanent Partner Visa on the grounds that you and your partner broke up.
During the validity period of your Bridging Visa, you must either prepare your departure to your home country or consider other visa options.
Should I take into account alternative visa options?
Yes, you should. It is especially important if your Partner Visa application is cancelled or refused due to your relationship breaking up.
You can have a discussion with our Registered Migration Agent to find the most suitable visa option based on your situation.
Should I answer any correspondence from the Department of Home Affairs?
Surely, you must answer any correspondence from the Department of Home Affairs. Though we understand sometimes the break up is nothing you’ve ever hoped for.
You must provide the most truthful information about your relationship with your ex-partner (or ex-spouse).
In general, you must provide the response in a statement letter (either statutory declaration or just a normal statement letter). Then, you must send the statement letter by email or upload it to your online Partner Visa application.
Read more: How to Response to s57 Request on Partner Visa Australia 2024
If I’m a victim of domestic abuse in my relationship, can I still get my Partner Visa?
In most cases, the Department of Home Affairs will still grant the Partner Visa application to the victim of domestic abuse, in which the subject is the sponsoring partner.
No one would justify domestic abuse, even the Department of Home Affairs. So, if you’re in a toxic relationship and a victim of domestic abuse, you must collect as much evidence as possible to report it to the police and to the Department of Home Affairs.
You must successfully prove the domestic violence happened during the relationship, to be granted the Partner Visa.
If you’re in this situation, don’t hesitate to reach 1800Respect. Don’t worry because it’s private and confidential. Or if you need assistance in contacting the Department of Home Affairs, you may consider having a discussion with our Registered Migration Agent. We’re here to help you.
Can I still get my Partner Visa if I have an Australian child from my relationship?
You may still get your Partner Visa application approved if you have an Australian child from your relationship. However, you must provide evidence that the child is wholly or substantially dependent on you. Other than that, you must provide evidence that you have parental rights for the child.
Read more: Partner Visa Refusal Because Of Non Genuine Relationship
What happens if my relationship ends up because my spouse (or partner) has passed away?
If your spouse (or partner) passed away during the process of your Partner Visa application, the Department of Home Affairs may still grant you the application. It is only possible if you have evidence that your relationship will continue if the death had not occurred.
You must surely inform the Department of Home Affairs of this situation. You can inform them by uploading the death certificate to your online application and contact the Department of Home Affairs by email.
Are you looking for assistance with your Partner Visa application?
ONEderland Consulting has great experience in handling complex cases, like relationship breakdown during the process of Partner Visa application. We have a 98% success rate in handling our clients’ complex situations. Book appointment with our Registered Migration Agent now to secure your future with your loved one in Australia:
We are here to help!
We understand facing the relationship breakdown is already frustrating, and now you have to fight for your Partner Visa application.
We are complex visa specialists. As a registered Australian migration agent 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 Migration Agents Registration Authority.
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.
