A Partner Visa (Subclass 801) is the second stage of the permanent residency process for those who holds a temporary Partner Visa (Subclass 820). Since this visa is for applicants who want to be with their partners who are an Australian citizen, permanent resident (PR) or an eligible New Zealand citizen and continue to build their life together in Australia. This visa is based on a genuine and ongoing relationship, hence, a breakup or separation may impact and cause complications to your visa status.

Are there options for a Partner Visa (Subclass 801) After a Breakup?

Even if your relationship has ended, there are a few exceptions where you may still be granted a Subclass 801 – Partner Visa.

Family Violence / Domestic Violence

If you are experiencing family or domestic violence from your partner, you may be eligible for the Family Violence provisions. As the Australian government takes domestic violence seriously, it allows victims to process their visas individually. Reach out to an Accredited Specialist in Immigration Law for professional assistance.

If your partner who is sponsoring you with a partner visa has passed away before the Partner Visa (Subclass 801) visa is granted, you may be qualified for PR. As long as you are able to prove your relationship was genuine before the sponsor’s passing. Additionally, to show evidence that you have strong ties to Australia (such as, employment, family connections, community involvement, etc.).

Call us to speak with an Immigration Lawyer

What Happens If I Don’t Qualify Under These Exceptions?

If your separation from your partner or de facto partner does not fall under any of the abovementioned exceptions, your visa process is likely to be refused or cancelled.

Once the Department of Home Affairs is notified of the relationship breakdown, you may receive a Natural Justice letter (S57) to comment on the circumstance and provide more evidence. Otherwise, you may receive a Notice of Intention to Consider Cancellation (NOICC) on your Partner Visa (Subclass 820).

We highly suggest for you to schedule a time with an immigration lawyer to discuss alternative visa options and creative strategies to meet your objectives to continue your stay in Australia.

How Can Agape Henry Crux Assist

Partner visas can be daunting and confusing; and if you and your partner are no longer together, you may have to find alternative visa pathway to live in Australia. Speak with an Accredited Specialist Immigration lawyer at Agape Henry Crux. The team can give tailored advice based on your circumstances, as they specialises in handling highly complex matters. You may schedule an appointment with one of our solicitors to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.

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.

Client Testimonials

….we call it Support Network

Navigating the immigration law process may be difficult, so our former clients have agreed to share their experiences through telephone chats, emails, and in-person meetings.

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Featured Partner Visa Success Stories