Australia Partner Visa: What to do if your relationship breaks down?

Do you have a Temporary Partner visa 309 or a Partner visa 820 with your Australian partner? What would you do if your relationship were to suddenly end? Unfortunately, this does happen on occasion and it can be a real nightmare for the affected partner. In some cases, people have even threatened to cancel their partner’s visa, or withdraw their application.  A breakup can be hard to handle, but at least there’s some help with your Partner visa. In this post we take a look at things you can do regarding the Partner visa after a breakup.

The status of the Visa

You can often get a general visa if you are married or in a de-facto relationship with the sponsoring Australian citizen. Once you apply, first you will get a temporary partner visa followed by a permanent visa. If the relationship ends over time, here is what happens according to the status of the visa.

Permanent Visa: If you have a permanent visa, your chances of staying in Australia are very good.

Temporary visa: If you have subclass 309 or 820 Visa, your status will depend on various factors.

Consider the circumstances

You may still eligible for a Permanent Partner visa in Australia if:

• The relationship ends due to the death of the partner;

• Family or domestic violence led to the end of the relationship; or

• You and your partner have a child born in Australia from the relationship.

Family Violence:

The family violence provision offers the applicant the ability to apply for a permanent visa even after the end of the relationship. This is possible if the termination of the relationship occurs due to the occurrence of violence in the family by the sponsor. In such a case, it is not compulsory to show that family violence led to the end of a relationship. This is because generally, the victim fears for their safety if they complain about their partner’s behaviour. If one person becomes the victim, they can become the main applicant of the permanent partner visa. If you are experiencing family violence please seek help. If you are in Australia you can contact the White Ribbon Association on 1800 737 732 for confidential advice. If you are immediate danger please call 000 for emergency services.

How to deal with the Department of Home Affairs?

Make sure to inform the Department of Home Affairs (DHA) about the relationship breakdown between you and the partner. They will ask you to consider application withdrawal. If you fail to notify the DHA of your relationship’s end, it might lead to a refusal of Partner Visa for dishonesty.

Know your rights

Your ex-partner can’t cancel your visa!

A lot of people in a relationship get scared when their partner threatens that he or she will cancel their visa. But you need not worry about that! The only person with the power to cancel or refuse your visa is a case officer or also known as “Delegate” of the Minister for Immigration. Your ex-partner cannot cancel your visa themselves no matter what they tell you.

If your partner informs the DHA that your relationship has ended, wait for a letter from them.

If your ex-partner tells the Department of Home Affairs that your relationship has ended, you will eventually receive a letter via email from a Delegate of DHA asking you to comment on the statement filed by your partner on the relationship’s end. It often takes a few weeks to months to receive this letter. The letter gives you 28 days to respond to the statements made by your ex-partner that the relationship has ended. This gives you at least 4 weeks to analyse and consider your options and draft a proper response to the Department.

Bottom line

If you don’t know which way to turn after your relationship ends, reach out and get some help. A counsellor can help you come to terms with the relationship ending, and a lawyer can help you decide what you need to do next.