I Broke Up With My Partner, Will That Affect My Partner Visa Application?
Navigating partner visas in Australia can be complex, particularly when faced with the unforeseen end of a relationship. Partner visas are granted based on genuine and committed relationships; not all relationships develop as we anticipate. If you find yourself in this situation, it is best to take care of yourself first and learn what other options may apply to staying in Australia.
Types of Partner Visas and Their Implications
The consequences of a relationship ending depend on whether you hold a temporary or permanent partner visa.
Temporary Partner Visa (Subclass 820/309)
The implications are more complex for holders of a temporary partner visa (subclass 820 or 309). If your relationship ends, you may face the risk of your visa being revoked. It is essential to notify the Department of Home Affairs about the change in your relationship status as soon as possible.
Permanent Partner Visa (Subclass 801/100)
If you hold a permanent partner visa (subclass 801 or 100), your right to stay in Australia is not dependent on continuing your relationship. Therefore, if your relationship ends, you are not required to notify the Department of Home Affairs and can continue living in Australia without any immediate immigration concerns.
How Do I notify the Department that my relationship has ended?
Steps to Notify the Department
Complete the Notification of Relationship Cessation Form: You can find this form in the 'Update Details' tab in your ImmiAccount.
Submit a Change of Circumstances Form (Form 1022): Alternatively, you can notify the Department via email by submitting Form 1022.
What will happen to me after notifying the Department about my relationship breakdown?
Once you notify the Department, they will allow you to explain your circumstances with an invitation to comment. They will assess whether the reasons for your relationship breakdown align with their accepted reasons for a breakdown, such as:
Separation due to work commitments
You will need to substantiate your claim with evidence, which will be thoroughly evaluated.
What are the Possible Outcomes?
Satisfactory Evidence: If the Department finds your explanation and evidence satisfactory, you may be eligible to transition to a permanent visa.
Unsatisfactory Evidence: If your evidence does not meet their criteria, the Department may initiate cancellation proceedings for your visa, potentially resulting in your departure from Australia.
The Importance of Notification to the Department
Notifying the Department of Home Affairs once your relationship status changes is imperative. Partner visas require proof that the relationship is genuine and continuing. If this no longer holds true, you are obligated to inform the Department immediately.
Failure to notify the Department could lead to serious consequences. If your relationship is not genuine and you have not notified the Department, your visa may be cancelled without explaining your circumstances.
How Can Agape Henry Crux Help?
Understanding the implications of a relationship ending while on a partner visa is vital for your immigration status in Australia. For professional and tailored guidance during this challenging time, consider consulting with our experienced migration lawyers. We can help you navigate the complexities of the visa process and explore alternative options if needed.
Agape Henry Crux can assist with your visa matter. Our Accredited Specialists in Immigration Law are specialised in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.
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