Breakdown of Relationship – Partner Visa
If you are holding a temporary partner visa (Subclass 820 / Subclass 309), you may still be eligible for a permanent partner visa (Subclass 801/ Subclass 100).
Eligibility for Permanent Partner Visa
You may continue to be eligible for a permanent visa if:
- Your relationship has ended because your partner has passed away.
- Your relationship has ended and there was family violence involved.
- You and your partner have a child of the relationship
Death of partner
To be eligible for a permanent visa, you must show that the you would still meet the requirements for the permanent partner visa but for the death of the sponsor. For Subclass 820 holder, you must also show that you have developed close business, cultural and personal ties in Australia.
Family violence
The family violence provisions in the migration law allows for applicant to be able to apply for a permanent visa if the relationship ended and there is family violence committed by the sponsor. You do not have to show that the relationship broke down because of family violence. Family violence is defined to be conduct, whether actual or threatened that causes the alleged victim to reasonably fear for, or to be reasonably apprehensive about, his or her own wellbeing or safety. The victim of family violence can be the main applicant or the dependent child of the applicant and/or of the sponsor. For subclass 309 holder, you must show that the family violence occurred after you have entered Australia.
Child/ Children of the relationship
Another situation where you may be eligible for a permanent partner visa is if you and your husband have a child or children of the relationship. For this to apply, you must have joint custody or joint access to the child / children.
Informing the Department of Home Affairs
If your relationship has broken down, you have an obligation to inform the Department of Home Affairs about the change in circumstances. It is a condition of the partner visa.
Book a meeting for a briefing with our Registered Migration Agents in Melbourne to find more about your visa options.
What happens when a Sc 820 visa holder withdraws their Sc 801 visa application due to a relationship breakdown (assuming no family violence has occurred)?
If a Subclass 820 visa holder separates from their sponsoring partner and decides to withdraw their Subclass 801 application, the consequences can be significant.
In most cases, when a combined Subclass 820/801 application is lodged onshore, the applicant is granted a Bridging Visa A (BVA). Once the Subclass 820 visa is granted, that bridging visa ceases to be in effect because the applicant now holds a substantive visa. However, the bridging visa generally remains associated with the permanent partner visa application until that application is finally determined.
If the relationship has ended and the applicant withdraws their Subclass 801 application (and no family violence or other exception applies), the Subclass 820 visa will generally cease. At that point, the previously granted Bridging Visa A may come into effect.
The applicant will usually have 35 days from the date the Subclass 820 visa ceases to either:
- depart Australia; or
- lodge another valid visa application if they are eligible to do so.
Applicants should obtain advice before withdrawing a Subclass 801 application, as there may be alternative options available depending on their circumstances, including eligibility under family violence provisions, the death of the sponsoring partner, or where there are children of the relationship.
