Partner Visa Article

What Happens if You Break Up on a Partner Visa?

What Happens if You Break Up on a Partner Visa?

In this article, we will discuss relationship breakdown on a partner visa, so the question we have is what if your relationship ends before your Partner Visa is granted?

As a general rule, for a partner visa to be granted, you and your sponsoring partner must prove that the relationship is genuine and continuing.

Then, what happens if you break up on a Partner visa?

It becomes impossible to satisfy this general rule of partner visa if your relationship breaks down before you are granted a permanent Partner visa as this essentially means you are no longer able to demonstrate that your relationship is genuine and continuing.

Well, fortunately the Department has accounted for such a situation. This means, depending on your individual situations which we are about to explain further, you may still be granted permanent Australian partner visa.

In this instance, there are possibly three different examples in which you can be granted permanent partner visa Australia.

Read on and we’ll explain this in more detail below.

Relationship Breakdown on a Partner Visa

Jay Son – Australian Immigration Lawyer

Jay Son is our Principal Immigration Lawyer and Director of Hummingbird Legal, admitted to the Supreme Court of Queensland and the High Court of Australia. Jay is based in Australia and practises exclusively in Australian immigration law.

Jay is a strong migration advocate and is highly experienced in challenging government decisions in relation to Australian immigration law. He solves difficult migration matters and visa problems including the AAT appeals, visa refusals, visa cancellations, Schedule 3 submissions, health waiver and character concerns.

If you want to learn more about Jay, click here.

#1 – Domestic and Family Violence

The question is “what happens if you break up on a partner visa?”

In the first instance if your relationship breaks down as a result of domestic and family violence, so this is if you experience some form of abuse from your sponsoring partner while you are still together, whether that is physical, verbal, emotional, financial and the list goes on, you can actually still be granted Australian partner visa – permanent residency.

You will need to prove to the Department that you have experienced family violence from your sponsoring partner while you were still together.

With this in mind, we do get asked quite often whether the sponsoring partner can cancel your visa. The answer is absolutely no.

The sponsoring partner may advise the Department that their relationship has ended but they practically cannot cancel or refuse your visa application. The Department of Home Affairs is the authority that decides whether or not to cancel or refuse your visa, which in this case, if you demonstrate that you have experienced domestic and family violence from your sponsoring partner while you were still together, the Department could grant you a permanent Partner visa.

 

 

#2 – Relationship Breakdown as a result of the sponsoring partner’s death

The second instance is that if your sponsoring partner dies while you were still together, you could still get your Partner visa.

In this situation, you will need to demonstrate that your relationship with your sponsoring partner could have continued if the partner survived. Therefore, the Department will require you to establish that your relationship with your sponsoring partner was indeed genuine and continuing up until the time your sponsoring partner passed away. In other words, you cannot rely on this ground to get a Partner visa if you had already broken up with your sponsoring partner some time a while ago which is well before your partner has passed away.

 

 

#3 – Minor Child with a Parental Responsibility

The last instance is that, if there is a minor child between you and your sponsor and you have either the sole parental responsibility or shared parental responsibility of your minor child with your sponsor.

This means you broke up with your sponsor for whatever reason which in this instance may not have to be the reasons I mentioned earlier in the article, but you and your sponsor have a minor child together and you look after the child or have legal access to the child even after the breakup with your sponsor.

The Department could still grant you a Partner visa in this instance as well.

 

 

Who does this apply to?

Then the next question we get asked is, who does this apply to?

It is important to understand that it only applies to clients in very specific visa circumstances. There are three groups of people in these specific visa circumstances.

  • 1st group is if you are currently holding a subclass 309 partner visa (offshore) and you are in Australia
  • 2nd group is you currently hold or used to hold a subclass 300 Prospective Marriage visa and you’ve come to Australia and you have married your sponsor while you are on the 300 Prospective Marriage visa; or
  • 3rd group is you have applied for an onshore subclass 820 partner visa or you already have the onshore 820 partner visa but you are waiting for your subclass 801 partner visa

This clarifies that if you only applied for a 309 offshore partner visa or a 300 prospective marriage visa and you are still waiting for your application to be granted, this special provision would not apply to you.

Sadly, if none of the above apply in your situation, you may need to consider another visa option.

On the other hand, if your Partner visa was refused despite being in one of the above situations, watching this video might be of assistance in understanding your rights to appeal the decision at the AAT.

 

 

Contact Us

If you are going through the same situation which we covered in this article today and you are wondering about your eligibility and options given your individual circumstances, please feel free to contact us and we will be happy to assess your situation.

If you want to get in touch with us, our contact details are provided in the description box below. You can call us, email us or send us an enquiry form on our website.

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