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.
I’m in Australia and you want to stay in Australia due to the COVID-19 situation
You can stay in Australia on a Prospective Marriage visa (subclass 300).
If you wish to stay longer, you must apply for a new visa before your current visa expires.
You may be able to get a bridging visa. This will allow you to stay until:
- you have a new visa or,
- have made arrangements to leave.
If your visa has expired or is expiring book a consultation to discuss your options.
Leaving Australia
If you leave Australia and your visa expires when you are overseas, you will need to apply for and be granted a new visa before you can return to Australia.
All visa holders must comply with current travel restrictions.
Important update: English Test for Permanent Stage of Partner Visas & Partner visa changes ahead- 2021
The new changes to Sponsored family visa’s, will be implemented for Partner visas by the end of 2021. The changes mean that Sponsorships must be lodged first and approved before Partner visas can be lodged. This change will adversely impact onshore Partner visa applicants wanting to lodge a visa application prior to their substantive visa expiring. The sponsorship application will be assessed separately and will need to be approved before a valid Partner visa application can be lodged.
If you are planning to apply for a Partner visa we recommend booking an appointment to discuss and understand how these changes may impact you.
I’m overseas and would like to travel to Australia during the COVID-19
The Prospective Marriage visa (subclass 300) is a temporary visa. Temporary visa holders are not currently allowed to travel to Australia. This means, you must comply with the current travel restriction.
See current travel restrictions.
If your visa expires before you can travel to Australia you will need to apply for a new visa.
A subclass 300 visa expiry date cannot be extended.
If you are unsure about your general visa requirements:
Read more about your Prospective Marriage visa (subclass 300).
Travel restriction exemption
If you think you have a compassionate or compelling reason to travel to Australia, you can apply for an exemption.
Do not travel to Australia until you have confirmation of your exemption.
If you are not granted an exemption, you cannot travel to Australia.
All travellers applying for an exemption must apply online.
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.
