Withdrawing Your 801 After a Relationship Breakdown: What Happens to Your 820 Visa

A relationship breakdown is hard enough without worrying about your visa. If you hold a temporary Partner visa (Subclass 820) and are waiting on your permanent Partner visa (Subclass 801), it is natural to ask what happens next and whether you should withdraw. This guide explains how the two stages connect, what happens if the 801 is withdrawn, when the 801 can still be granted, and what options you may have to stay in Australia.

How the 820 and 801 stages are connected

When you apply for a Partner visa in Australia, you lodge one combined application for both the temporary 820 and the permanent 801. The 820 is usually granted first. The 801 is assessed once at least two years have passed since you lodged the combined application, unless an exception applies, such as a long-term relationship when you applied.

The 820 is not a stand-alone visa. It stays in effect until you are notified of the decision on your 801 application, or until the 801 application is withdrawn. That is why what you do with the 801 application directly affects your right to stay in Australia. You can read more about the overall process on our Partner visa page.

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You must tell Home Affairs the relationship has ended

If your relationship ends before the 801 is decided, you have an obligation to inform the Department of Home Affairs about the change in your circumstances. Your sponsor may also notify the Department or withdraw their sponsorship. You can usually notify the Department through your ImmiAccount (there is a notification of relationship cessation option) or by using the change of circumstances form.

The Department will generally ask when the relationship ended, whether family violence was involved, and whether there are children. How and when you notify can affect how your application is assessed, so it is worth getting advice before you send the notification, especially if you may rely on the family violence provisions. Failing to notify can lead to refusal or later cancellation.

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What happens if the 801 application is withdrawn

If you withdraw your 801 application after a breakdown, and no exception applies, your 820 visa will generally cease. Because the 820 depended on a pending 801 application, there is nothing left to support it once that application is gone.

When you lodged your combined application, you were usually granted a Bridging visa A (BVA). That BVA stopped being in effect when your 820 was granted, but it generally stays linked to your application. The BVA is linked to both your 820 and 801 applications, so if the 820 ceases because you withdraw the 801 application, the BVA generally comes back into effect and lets you stay until 35 days after the withdrawal. In that time you need to lodge another valid visa application (if you are eligible) or leave Australia.

Be careful if you have travelled overseas on your 820. A Bridging visa A ends when the holder leaves Australia, so you may no longer hold one. Check your VEVO record before you withdraw anything.

Keep in mind:

• A withdrawal is final. You cannot reverse it, and you lose any chance of having that application decided or reviewed.
• If you do nothing within the bridging visa period, you may become unlawful, which can lead to detention, removal and a ban on returning.
• The visa application charge is not usually refunded simply because you withdraw. See our guide to visa waivers and refunds.

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What happens if your sponsor withdraws instead

Your former partner may contact the Department to say the relationship is over or to withdraw sponsorship. You do not have to withdraw your own application in response. The Department will usually write to you and give you a chance to respond, often within 28 days, before it makes a decision.

If no exception applies, the 801 is likely to be refused. A refusal is different from a withdrawal. You may be able to apply to the Administrative Review Tribunal (ART) for review. Time limits are strict and are set out in your refusal letter (28 days after you are notified of the decision, or 14 days if you are in immigration detention). If you apply for review in time, the bridging visa linked to your application generally stays in effect until 35 days after the Tribunal makes its decision. You must be in Australia when you apply for review, and the deadline cannot be extended.

A refusal may also mean that section 48 of the Migration Act limits which visas you can apply for while you remain in Australia. This is one reason the choice between withdrawing and waiting for a decision needs careful thought.

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When the 801 can still be granted after a breakdown

Generally, the relationship must be genuine and continuing when the 801 is decided. However, the law allows the 801 to be granted after the relationship has ended in three situations.

Situation	What you generally need to show
Family violence	You, or a dependent child of you or your sponsor, experienced family violence by your sponsor while the relationship existed, and the relationship has ended. You also need to show the relationship was genuine before it ended. You do not have to show the relationship ended because of the violence.
Death of your sponsor	You satisfy the Department that the relationship would have continued if your sponsor had not died.
A child of the relationship	You have custody, joint custody or access to at least one child (or a residence or contact order under the Family Law Act 1975), and your former partner has joint custody or access granted by a court, a residence or contact order, or a child maintenance order or other formal maintenance obligation for that child.

Family violence provisions

Family violence is not limited to physical harm. It can include threats, emotional or financial abuse and other conduct that makes you fearful for your wellbeing or safety. The perpetrator must be your sponsor. You do not need to stay in an abusive relationship to protect your visa.

Evidence can be judicial (for example, a family violence protection order, a Family Law Act injunction or a relevant conviction) or non-judicial (a statutory declaration supported by at least two items of evidence of different types, for example from police, doctors or social workers). If the Department is not satisfied, it must refer the claim to an independent expert, and it must accept that expert’s opinion. Read more in our guide to family violence and partner visas. If you are in danger, contact police on 000 first.

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Other options if no exception applies

If none of the exceptions apply, you may still have choices, depending on your situation. These can include:

• applying for another visa you qualify for, such as a skilled, employer sponsored or student visa, within the time your bridging visa allows
• a new Partner visa application if you are now in a new genuine relationship and meet the requirements
• waiting for the Department to decide the 801, then seeking ART review of a refusal if there are grounds
• making arrangements to leave Australia lawfully before your visa ends, to avoid future visa problems

Each option has its own criteria and timing, and some may be limited if you have had a visa refused in Australia. Check current processing times when planning, and do not lodge or withdraw anything until you understand the effect on your status.

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What you should do now

• Do not withdraw straight away: Withdrawal is permanent and may end your 820 visa.
• Check your visa details: Look at your 820 grant letter, your BVA grant letter and your VEVO record so you know exactly what you hold.
• Consider whether an exception applies: Think about family violence, the death of your sponsor, or a child of the relationship.
• Gather evidence: Collect relationship evidence and any documents about children, court orders, police reports or medical records.
• Get advice, then notify: Speak to a registered migration agent about the wording and timing, then tell the Department of Home Affairs the relationship has ended.
• Plan your next visa: If no exception applies, work out your next option before any bridging visa period starts running.