What Happens with a Partner Visa Breakup Not Related to Family Violence?
Applying for a Partner Visa (Subclass 820/801 or 309/100) is a huge step for couples looking to build a life together in Australia. However, not all relationships last, and circumstances may lead to the end of a partnership. If a relationship breaks down after obtaining a temporary visa or the visa application is still pending but not due to family violence, you will need to know the consequences and what options are available.
The Breakup and Its Implications
For Pending Partner Visa Who Are on A Bridging Visa or Temporary Visa Holders (Subclass 820/309)
It is advisable for partner visa applicants on a bridging visa or temporary visa holders to keep the Department of Home Affairs (DoHA) updated as soon as possible upon separation. DoHA will reassess the application based on the circumstances at the time of the breakup. This may include a Natural Justice (s57) letter from DoHA to invite you to comment on the circumstances.
As a visa applicant, you may consider looking for other visa options; although options may be limited, we highly suggest seeking professional advice and assistance with strategies to meet your objective.
Related:
How to Identify that You May be Experiencing Family Violence?
I Broke Up With My Partner, Will That Affect My Partner Visa Application?
For Permanent Partner Visa Holders (Subclass 801/100)
For Subclass 801/100 visa holders, since the visa application has been finalised and decided. Subclass 801/100 is a permanent visa; if a relationship ends after the permanent visa is granted and there is no evidence of family violence, the visa holder generally retains their permanent residency (PR) status.
How Can Agape Henry Crux Assist
While breakups can be challenging, it is important for visa applicants to know their options and the consequences. Reach out to our team of immigration lawyers and registered migration agents to meet your objective. The team works with 2 of our Accredited Specialist Immigration Lawyers at Agape Henry Crux. The team specialises in handling highly complex matters. To seek professional advice, schedule an appointment with one of our solicitors 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.
These are their stories…
