Partner Visa After the Death of Your Sponsor: Can You Still Stay?

Losing a partner is devastating, and the last thing anyone wants is to worry about their visa. Australian law recognises this. A partner visa may still be granted if your sponsoring partner dies during the process, as long as the relationship was genuine. This guide explains the rules for each partner visa and what you need to provide.

What you need to show

The question is whether the relationship would have continued. The Department must be satisfied that you would still have met the partner visa requirements if your partner had not died, and that you would have remained their spouse or de facto partner. The relationship must have been genuine and continuing, across its financial, household, social and commitment aspects, right up to the death.

Earlier rules also required applicants to show close business, cultural or personal ties to Australia. That requirement no longer appears in the current regulations for these provisions, although evidence of your life in Australia can still help show the relationship was real.

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How it works for each visa

Situation	What happens
820 lodged, sponsor dies before the 820 decision	The 820 can be granted if the relationship would have continued
820 granted, sponsor dies before the 801	The 801 can be granted without waiting the 2 years
309 lodged, sponsor dies before the 309 decision	The 309 may be granted if the relationship would have continued (older policy was narrower, so get advice)
309 granted, sponsor dies before the 100	The 100 can be granted without waiting the 2 years
300 holder whose sponsor dies	May apply for the 820 if they would have continued as the spouse or prospective spouse

For prospective marriage visa holders, the current regulations refer to a spouse or prospective spouse, which suggests the provision can apply even if the sponsor died before the wedding. Get advice on your circumstances. See the prospective marriage visa.

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Evidence that helps

• the original or a certified copy of the death certificate;
• evidence that you lived together or were in regular contact up to the death;
• joint financial records, leases, bills and correspondence;
• statements from family and friends about the relationship;
• funeral arrangements, estate documents or other records naming you as the partner.

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If you meet someone new

Department policy accepts that a person who forms a new relationship after their partner’s death may still meet the test, because the question is whether the original relationship would have continued had the sponsor lived.

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Telling the Department

You must notify the Department in writing of significant changes, including the death of your sponsor. Do this as soon as you can, and include the death certificate.

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Other situations

If the relationship ended for another reason, different rules apply, including family violence provisions and provisions for parents of a child of the relationship. See relationship breakdown and partner visas and family violence and partner visas.

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What you should do now

• Notify the Department: in writing, with a certified death certificate.
• Gather relationship evidence: show the relationship was genuine up to the death.
• Keep your visa valid: check your bridging visa or current visa status.
• Get advice: these applications need careful, compassionate preparation.