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Options for Australia Partner Visa After Relationship Breaks Down

Updated

If your relationship breaks down during the 2 years on a Partner (Temporary) visa, you are required to notify the Australian Department of Immigration and Border Protection as soon as possible. Depending on what stage the Partner visa process is at as to what will be the outcome. You may still be granted permanent residence if:

  • Your  partner visa relationship has broken down due to family violence; or
  • There are children for whom both you and your partner have custody or access rights

The result could be one of the following:
1. Lodged Partner visa application, 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 Granted, waiting for decision on Partner (Permanent) visa: Your Partner (permanent) visa application would be refused. The Partner (temporary) visa would cease immediately, but your bridging visa 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.

WHAT HAPPENS IF THERE IS A CHILD IN THE RELATIONSHIP DURING YOUR PARTNER VISA APPLICATION?

Partner Visa Relationship Breaks Down
Your dependent child (ren) can be included in your application if they are not married, engaged or in a de facto relationship and they are either:

  • under 18 years of age; or
  • over 18 years of age but either wholly or substantially dependent on you for a substantial period (usually at least 12 months) for their basic needs or have a total or partial loss of their bodily or mental functions that stops them from earning a living.

If you include your child as a secondary applicant on your application then you will need to provide evidence that either: – the law of the child’s home country permits the removal of the child – each person who can lawfully determine where the child is to live consents to the grant of the visa (statutory declaration from the other parent) and there is no objection to the child moving to Australia. – there are no residence orders, contact order, care order or a State child order.

Generally, you can include your dependent child in your partner category visa application before you lodge your application.

If you are in Australia when you lodge your Partner visa application but your dependent child is overseas, you will not be able to include your child in your application.

However, once you have been granted your Partner (temporary) visa, your child may apply for a Dependent Child visa. Dependent children may be added to your Partner visa after you have applied.

If you applied for a partner visa while you were outside Australia, your dependent child must also be outside Australia at the time you make the request to add them to your visa application. Similarly, if you were in Australia when you applied for your partner category visa, your dependent child must also be in Australia when you apply.

If a child is born to you and your partner after you have applied for your Partner visa, under migration law, your child will have automatically been included in your partner visa application.

However, you must notify the Department of Immigration and Border Protection in writing that a child has been born and include a certified copy of birth certificate so that the child will also be included in your visa application.

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