What Happens With Your Partner Visa If Your Relationship Breaks Down?

Are you in a relationship with an Australian partner? In case you are holding a temporary partner visa subclass 309 or a Partner Visa subclass 820 and your relationship with your partner or spouse breaks down, you may want to know what happens with your partner visa in Australia.

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You must know that, you can still be eligible for a permanent partner visa in Australia where,

• The end of the relationship happened because of the death of the partner.
• Family violence is the reason for the relationship end.
• You and your partner have a child from the relationship you had.

To know all these three circumstances well, let us discuss each in detail…

Death Of The Partner:

To become eligible for the permanent partner visa, you must make available all the requirements for the permanent partner visa even after the death of your sponsor or the partner sponsoring you to Australia. If you are a holder of the partner visa 820, you must show that you have already developed cultural or personal ties or a close business in Australia.

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Family Violence:

The provisions of the family violence in the eyes of the migration laws allow the applicant to be capable of applying for the permanent visa even after the end of the relationship which occurred due to the commitment of violence in the family by the sponsor. In such a case, it is not mandatory to display that family violence has been the reason for the relationship to end. This is so because generally the victim is feared for their self-well being and safety as they go through a lot of threats and become apprehensive of such conduct of the act. Here, in such a case, the victim of family violence can be the main applicant of the permanent partner visa or the dependent child of the victim or the sponsor. The holder of Partner Visa subclass 309 is required to show that they have suffered family violence after they have entered in Australia.

Have A Child or Children From The Relationship:

Another case where you can have a permanent visa in Australia is that if you have a child or children from an ended relationship you can apply for the visa. For this to be applicable, the custody of the child or children must be joint custody or joint access to children for both the parents.

In cases, where the relationship ends on being on a temporary partner visa in Australia, it is mandatory to inform the Department of Home affairs about the broken relationship and the change in circumstances. This is the very mandatory required condition of the partner visa.

In the case where the relationship breakdown takes place within 2 years of the temporary partner visa grant, it is strictly required to notify the Australian Department of Immigration and Border Protection at the soonest. The stage and status of the further grant and processing of the visa and the outcome will depend can be one of the following:

• You Have Lodged An Application For The Temporary Partner Visa And The Decision Is Still Pending:
  In case, where the decision is still pending for the temporary partner visa grant and the relationship breakdown has already occurred, the Partner visa application will be refused. Here, the applicant will be provided with the bridging visa with a validity of 28 days along with the notice period from the date of the decision.
• You Are Waiting For The Decision On Your Permanent Partner Visa While Already Having A Grant Of The Temporary Partner Visa:
  In a case where you already have your temporary partner visa and you are waiting for a grant of your permanent partner visa, the application of your permanent partner visa will be refused with an immediate cease of your temporary visa and you will be allowed a bridging visa of 28 days along with the notice period after the decision is passed.
• In The Case Where You Are Already Granted A Permanent Partner Visa In Australia:
  The grant of your permanent partner visa will not change any conditions even after the relationship is broken, the visa will continue to be valid as normal.
  The child or children can also be included in your visa application if they are not married, engaged, or in a de-facto relationship or are under 18 years of age.
  The child can also be 18 years or more in age if the child is either wholly or partially dependent upon you for the basic needs. This can be considered for a maximum period of 12 months.

Also Read: Learn How To Carry Out Your Stay With Prospective Marriage Visa 300

Your Relationship Has Ended, What To Do Next?

If your relationship breakdown occurs when you do not decide on your partner visa application, the first thing you must do is hire a registered migration agent.

In addition, you must also inform the Department of Home Affairs about the change in your relationship status. This step is recommended because the authority may ask you to withdraw your application. If they come to know about the ending of your relationship and you don’t withdraw it, they will reject your partner visa Australia application.

Once you inform them about this change, you will be allowed to live in Australia for a limited period, which is 28 days. When this period ends, you must leave Australia unless you satisfy other visa requirements.

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It Is Really Important That You Are Aware Of Your Legal Rights

Another most important requirement for you will know your partner visa rights.

• Your ex-partner can’t cancel your visa
  The only person who can reject your visa application is the case officer who has assessed your application, and your ex-partner has no rights to cancel your visa.
• If your partner tells the DHA your relationship has ended, expect a letter from them
  If your former partner or spouse informs the DHA (Department of Home Affairs) about the breakdown of your relationship, they will send you a letter, generally to your email inbox.
  Note that you may have to wait several weeks to months to receive this letter. From the day you receive this letter, you will have 28 days in your hand to respond to their inquiry.
• Sometimes other people make a report to the DHA that your relationship has ended
  It may also happen that any other person who is known to both of you reports to the DHA anonymously about your relationship breakdown. Whether the information they supply is false or true, the act is truly malicious. However, you will still receive a letter from the DHA asking for explanations. Remember that the Department of Home Affairs will never disclose the report source as part of their rules.
  If you do not respond to this allegation within time, the DHA will cancel your Australian partner visa application.
• You are required to respond to the DHA letter
  Responding to the letter issued by the DHA is highly necessary. If you have ended the relationship with your partner or spouse permanently and do not have any children from your relationship, and you are not alleged of being involved in any domestic violence, all your partner visas or applications will be canceled by the Department of Home Affairs.
  In such a situation, you may research other visa options before responding to the letter, especially if you want to continue with your stay in Australia.
• Remember, you have 28 days to respond
  One of the most significant partner visa rights in Australia is that you will have 28 days to respond to the Department of Home Affairs queries. The best idea will be to use the maximum time before making an alternate plan.
  If you respond within 28 days, your visa application or partner visas will be canceled as soon as you respond. But, failing to comply with this condition will lead to the cancellation of your visa without any notice.
  

Final Words

A qualified migration agent Perth can provide you with the best guidance to know about various terms and conditions attached to the partner visa and what consequences you may face if your relationship ends because of different reasons. ISA Migrations can help you find a professional.

However, while selecting your agent, make sure that he is registered migration agent Perth. Remember that the key difference between the two is that while an agent can apply on your behalf, an immigration consultant Perth cannot do it. So, you must know which professional to choose and opt for their services accordingly.