What Happens If You Break Up on a Partner Visa in Australia?

partner visa australia

The Partner Visa Australia application procedure is lengthy and time-consuming. Before applying for a spouse visa, you must collect proof for all essential papers and fulfill specific qualifying conditions.

An Australian Partner Visa is another name for an Australian Spouse Visa. The principal applicant, the Australian spouse, must be an Australian citizen, permanent resident, or a New Zealand citizen.

With an Australia spouse visa, you can move to Australia with your spouse (husband or wife) or de facto partner (fiance, in a committed relationship).

Things to Happens If You Break Up on a Partner Visa in Australia

It makes no difference whether the relationship that has ended is a de-facto partnership or a marriage; the guidance is the same, and even if you have not divorced, the DHA will consider the relationship to be terminated if you and your spouse have permanently parted ways.

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You must understand your legal rights!

  • Your ex-partner can’t cancel your visa!
  • A case officer or “Delegate” of the Minister of Immigration is the only person who may revoke or deny your visa. Your ex-partner cannot terminate your visa on their own.
  • If your partner tells the DHA your relationship has ended, expect a letter from them.
  • If your relationship has ended permanently, you do not have children together, and there are no allegations of domestic violence, the DHA will eventually refuse your Subclass 820 Provisional Partner Visa, cancel your Provisional Partner Visa (Subclass 820 or 309), or refuse your Permanent Partner visa if you applied for the second stage.
  • If you answer that your relationship has ended and there are no extenuating circumstances (see below), it is usually best if you wait until you are nearing the end of the 28-day response period to react – this way, you will have the most time to arrange other plans or apply for another visa.
  • If you respond before the end of the 28 days, the DHA can cancel your Provisional Partner Visa or refuse your Provisional or Permanent application for Partner Visa Australia.
  • If you are a victim of malicious reporting and your relationship is still going on after the report, you must react to the DHA letter. Explain that your relationship is stable and give current documentation to back it up, such as statutory Declarations from yourself and your spouse.
  • After your relationship has ended, you may still be awarded your Provisional or Permanent Partner Visa. These are some examples:
  1. You or a dependent family member (such as a kid) has been the victim of domestic violence perpetrated by your former partner, or
  2. You and your partner have an Australian child.
  3. If your spouse or de facto partner has died.
  • Domestic violence is a plague, and if you find yourself in it, we strongly advise you to leave immediately.
  • The Australian Government’s Department of Social Services funds 1800 RESPECT, a free, over-the-phone counseling program. It is private and accessible 24 hours a day, seven days a week.
  • Though you are a victim of domestic abuse and have proof to show it, the DHA may still give you a Permanent Partner Visa even if your relationship has ended.
    1. If you have filed for or have an onshore Subclass 820 Visa, your Permanent Partner Subclass 801 visa may be granted if you can demonstrate a claim for domestic abuse.
    2. If you are overseas and your Subclass 309 has not been granted, it will not be granted even if you can show a domestic abuse claim.
  • When you get a letter from the DHA requesting you to reply to unfavorable information indicating your connection is no longer ongoing, you must answer within 28 days, as indicated above.
  • Court orders, police reports, and arrest warrants are examples of judicial evidence (AVOs).

Also Read: New Rules For Student Visa Australia in 2022

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