Applying for an Australian Partner Visa is a significant process, and circumstances can sometimes change after an application has been lodged.
A relationship ending does not necessarily mean that a Partner Visa application must be refused or that an applicant can no longer be granted permanent residence. Australian migration law contains specific provisions that may allow a Subclass 801 or 100 permanent Partner Visa to be granted in certain circumstances even after the relationship with the sponsoring partner has ended.
These provisions are important, but they only apply where the relevant requirements are met.
When can a permanent Partner Visa still be granted?
The permanent Partner Visa stage may still be able to proceed in certain circumstances where the relationship has ended, including:
The relationship ended due to family violence or domestic violence.
The sponsoring partner has died.
The applicant and former sponsor have a child together, and the relevant requirements concerning the child are satisfied.
The specific requirements depend on the circumstances of the applicant and the visa pathway.
Family violence provisions
One of the circumstances is where a relationship ends because the applicant has experienced family violence from their sponsoring partner.
The Partner Visa framework contains provisions that can allow an applicant to continue towards permanent residence without remaining in an abusive relationship simply to satisfy the usual relationship requirements.
Family violence can include physical or sexual violence, as well as certain forms of psychological, emotional or economic abuse.
There are specific evidentiary and eligibility requirements that apply. Applicants may need to provide evidence supporting their circumstances, and the type of evidence required can depend on the individual situation.
Importantly, you should not feel that you need to remain in an unsafe relationship because you hold a Partner Visa or have a Partner Visa application in progress. If you are experiencing family violence, obtaining appropriate support and understanding your visa options is important. As well as seeking out assistance from other organisations where needed.
If you are experiencing family violence
If you are experiencing domestic or family violence, your safety comes first. You do not have to remain in a relationship where you or your family feel unsafe because of your visa situation. The Department of Home Affairs has specific family violence provisions that may allow eligible Partner Visa applicants or holders to continue towards permanent residence in certain circumstances.
If you are in immediate danger, call 000.
Where you can seek help
Department of Home Affairs – Family Violence and Your Visa
The Department provides information about family violence provisions, visa options and how to notify the Department about a relationship ending due to family violence.
Family Violence Provisions – Department of Home Affairs
The Department recommends seeking independent immigration assistance from a registered migration agent or legal practitioner when considering a family violence claim. Legal services may also be able to assist with family law matters, protection orders and other legal issues.
1800RESPECT
Australia's national domestic, family and sexual violence counselling, information and support service. Support is available 24/7 by phone, text, online chat and video call. Call 1800 737 732 or text 0458 737 732.
1800RESPECT
Queensland support – DVConnect
For people in Queensland, DVConnect provides support relating to domestic, family and sexual violence. The 24-hour Domestic Violence Helpline is 1800 811 811, with additional services available through their website.
DVConnect
Legal Aid Queensland
Legal Aid Queensland provides information and assistance relating to domestic and family violence, including advice about safety, leaving a relationship and protection orders.
Legal Aid Queensland
Your privacy and safety
If you are concerned that someone may monitor your internet use, consider accessing support websites using a private browsing mode where possible and take steps to protect your online safety. The Department of Home Affairs provides additional information about online safety and accessing support safely.
The resources above are provided for information and support. Explore Migration does not provide crisis counselling or emergency services. If you are in immediate danger, call 000.
Death of the sponsoring partner
There are also circumstances where the permanent Partner Visa pathway may continue following the death of the sponsoring partner.
The relevant provisions recognise that a relationship can end because of circumstances outside the applicant's control.
Specific requirements apply, so the applicant's circumstances and visa history need to be considered before determining whether the permanent visa can still be granted.
Where the couple has a child together
Another set of provisions may apply where the applicant and former sponsor have a child together.
The rules can take into account circumstances involving the child, including relevant arrangements concerning the child's care, custody or access.
Again, simply having a child together does not automatically mean that the permanent visa will be granted. The applicable requirements must still be satisfied.
What if the relationship simply ends?
If a relationship ends for reasons that do not fall within one of the relevant exceptions, the applicant may no longer satisfy the relationship requirements for the permanent Partner Visa.
This is why it is important not to assume that a relationship breakdown automatically results in a refusal, but also not to assume that the permanent visa will continue automatically.
Your options can depend on factors including:
Which Partner Visa you hold or have applied for
Whether the relationship has formally ended
The circumstances surrounding the relationship breakdown
Whether family violence is involved
Whether you have children with your sponsoring partner
Whether your sponsoring partner has died
Your current visa status and immigration history
What should you do if your relationship has ended?
If your relationship has ended, it is important to understand your position before making assumptions about what happens to your visa.
You also need to notify the Department of Home Affairs about the change in your circumstances. Depending on the reason for the relationship ending, you may also need to provide evidence to establish that one of the relevant provisions applies to your situation.
The rules are different depending on your circumstances
The family violence, death of sponsor and child-related provisions are subject to specific legal requirements, and the relevant rules can differ depending on whether you are at the temporary or permanent stage of your Partner Visa pathway.
This is why a relationship breakdown should be considered on an individual basis rather than assuming that the same outcome applies to every Partner Visa applicant.
Need help understanding your options?
If your relationship has ended while you are holding or applying for an Australian Partner Visa, understanding your options early can be important.
If you’d like to understand your options, Explore Migration offers two free ways to get started. Complete our Free Online Assessment and receive a response from a Registered Migration Agent within 1 business day, or book a Free Initial Consultation to discuss your circumstances directly with us.
This article provides general information only and does not constitute migration advice. The application of the family violence, death of sponsor and child-related provisions depends on individual circumstances and the requirements of the relevant legislation.