If Your Partner Passed Away, What Happens to Your Pending Partner Visa Application?

Picture this: You're on a journey towards a Partner visa, but fate throws a curveball with the passing of your partner.

 

Can I still proceed with my Partner visa application? 

This will always be our client’s main concern. However, it is dependent on which stage of the partner visa you are in. When the sponsor dies before a Partner (Subclass 820/801 or Subclass 309/100) Visa application is lodged, your Partner Visa application might still be within reach.

How do I lodge my Visa application without my Sponsor? 

The process is complex, so we highly recommend you speak with one of our Accredited Specialists in Immigration Law to assist with your partner visa matter.

The Department of Home Affairs (DoHA) has laid guidelines for lodging Partner visa applications in case of the sponsor’s death. You can complete the Form 1022 Notification of Changes in Circumstance and send it via email. Alternatively, you can fill out the Partner Processing Enquiry Form. Filling out forms and notifying the department may seem simple, but ensuring precise completion without including any information that could potentially implicate you or your application often requires the expertise of a lawyer to discern.

For Prospective Marriage (subclass 300) visa applicants

For Prospective Marriage (subclass 300) visa holders, they may still be granted if: 

  1. The applicant is currently living in Australia and holds a Prospective Marriage (subclass 300) visa, and

  2. The applicant was legally married to their partner before they died, and

  3. The applicant can prove that their relationship with their partner is genuine, and

  4. The applicant has a connection with Australia in terms of culture, business, or personal.

For Onshore Partner (sC820/801) visa applicants

For Onshore (Subclass 820) Visa applicants still in processing, they may still be granted if:

  1. The applicant has already lodged the Onshore Partner (Subclass 820) Visa application, and

  2. The applicant can prove that the relationship with their sponsor would have continued if their partner was still alive, and

  3. The applicant has close business, cultural, or personal ties to Australia.

For Partner visa (Subclass 820) holders or those currently holding a Prospective Marriage (Subclass 300) visa, they may still be granted if they satisfy any of the following: 

  1. The applicant was married to their sponsored partner before they died, and

  2. The applicant can prove that their relationship would have continued if their partner was still alive, and

  3. The applicant has close business, cultural, or personal ties to Australia. 

On the other hand, Onshore Partner (Subclass 801) Visa holders may still be granted if they satisfy any of the following:

  1. The applicant currently holds a Subclass 820 Partner visa, and

  2. The applicant can prove they have close business, cultural, or personal ties to Australia.

 

For offshore Partner (subclass 309/100) Visa applicants

Applicants of an Offshore Partner (Subclass 309) Visa may still be eligible for a Partner visa if they satisfy any of the following:

  1. The applicant has already lodged their Subclass 309 application and is currently in Australia, and

  2. The applicant is eligible for a Subclass 309 visa while in Australia under a COVID-19 visa concession, and 

  3. The applicant can prove that their relationship with their sponsored partner their application would have continued if their partner was still alive. 

For Subclass 100 visa applicants, they may still be eligible if they satisfy any of the following: 

  1. The applicant first entered Australia as a Subclass 309 visa holder and continues to hold that visa, and

  2. The applicant partner or spouse who sponsored the application died after they first entered Australia as a Subclass 309 visa holder, and

  3. The applicant can prove that their relationship would have continued if their partner was still alive.
    Or if:

  4. The applicant was granted a Partner (Subclass 309) visa while in Australia under a COVID-19 visa concession, and

  5. The sponsor has died, and

  6. The applicant can prove that their relationship would have continued if their partner was still alive.

 

How can Agape Henry Crux Help?

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, Catonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.  

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.  

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