When Life Changes: Breakups, Separation, or Domestic Violence During a Partner Visa

Introduction: When Plans Shift

Applying for a partner visa is often filled with hope, expectations, and shared dreams of a future together in Australia. However, life can change. Relationships evolve—and sometimes, they end either mutually, due to irreconcilable differences, or as a result of domestic or family violence.

But what happens if a marriage or de facto relationship breaks down while the partner visa is still being processed? Can the visa still be granted? Are there exceptions? How does the Department of Home Affairs (DHA) assess your circumstances?

In this blog, we’ll explore your rights, obligations, and options following a relationship breakdown whether amicable or due to violence during the partner visa process.

Understanding the Partner Visa Process

The Australian Partner Visa (subclass 820 and 801 for onshore, 309 and 100 for offshore) is a two-stage process:

1. Temporary Partner Visa (Stage 1) – Subclass 820 or 309.
2. Permanent Partner Visa (Stage 2) – Subclass 801 or 100, usually assessed two years after initial application.
   

The core eligibility across all stages includes a genuine and continuing relationship with your Australian citizen or permanent resident partner.

What Happens If the Relationship Ends?

If your relationship ends before the partner visa is granted (whether at the temporary or permanent stage), it is your obligation to notify the Department of Home Affairs. This can lead to different outcomes depending on the nature and circumstances of the separation.

1. Mutual Breakup: No Violence or Children Involved

In most mutual separations where there are no complicating factors (such as domestic violence or shared custody), the Department may refuse or cancel the visa application or existing visa.

What You Must Do:

Notify the DHA in writing via the Immi Account or post.

• Include:
  Full names and details of both parties.
  Date of relationship breakdown.
  

What the Department Will Do:

Assess the situation based on the information provided.

If you are on a temporary partner visa (820/309) and your relationship ends, the Department is likely to refuse the permanent visa and may cancel your temporary visa.

If your application is still in process, it is likely to be withdrawn or refused unless you meet an exemption (see below).

Can I Stay in Australia?

In most mutual separation cases with no family violence or children, you will need to depart Australia unless you:

Hold another visa.
Apply for a different visa independently.
Meet an exemption (e.g., family violence or child of the relationship).

2. Relationship Ends After Temporary Visa Granted, But Before Permanent Visa (Stage 2)

You may still be eligible for the permanent visa (subclass 801 or 100) if:

You or your sponsor has custody or shared parental responsibility of a child from the relationship; or
You or your dependent has suffered family violence.

3. Domestic or Family Violence Provisions

If your relationship ends due to domestic violence, you do not have to stay in an abusive relationship to get your visa granted. Australia has clear protections under Family Violence Provisions.

What Is Family Violence?

Defined under migration law as conduct that causes the victim to fear for their safety or well-being. It can include:

• Physical abuse.
• Emotional or psychological abuse.
• Financial control.
• Social isolation.
• Threats and coercion.
  

You may still be eligible for a permanent visa if:

• You were in a genuine relationship before the breakdown.
• The relationship ended due to family violence perpetrated by the sponsor.
  

Evidence Requirements:

You must provide acceptable evidence such as:

Judicial evidence: court orders (e.g. AVO or domestic violence orders).

Non-judicial evidence: reports from doctors, psychologists, social workers, or domestic violence services.

Statutory declarations from professionals.

Important: The sponsor does not need to be charged or convicted for you to be protected under this provision.

4. Child of the Relationship Provisions

If your relationship ends and you share a child or children with your sponsor, you may still be eligible for permanent residency if:

You have custody, access, or parental responsibility.

The relationship was genuine and ongoing before it ended.

You can demonstrate you are still supporting the child’s welfare.

You will need to provide:

Birth certificates of the child.

Court orders or parenting agreements.

Statements confirming co-parenting arrangements.

5. Withdrawing the Application or Continuing on Other Grounds

You (or your sponsor) may choose to withdraw the visa application. However, in some cases, you may continue on another visa pathway if eligible.

Possible Next Steps:

Apply for another visa (e.g. Student Visa, Skilled Visa, or Protection Visa).

If you qualify under Family Violence or Child Provisions, continue your partner visa application.

Depart Australia if no other visa is held or granted.

FAQs on Relationship Breakdown and Partner Visas

Do I have to tell immigration if we separate?

Yes. You and/or your sponsor have a legal obligation to inform the Department of any significant changes, including the end of your relationship.

Will I automatically be deported?

Not necessarily. If you meet one of the exceptions (family violence or child), or apply for another visa, you may be able to stay in Australia.

Can I apply for another visa while my partner visa is refused or withdrawn?

Yes, if you meet the eligibility criteria for another visa subclass. Get legal advice as soon as possible.

What if the sponsor withdraws support?

If your sponsor withdraws and you do not fall under an exemption, your application will likely be refused. However, you may still have options under family violence provisions.

Conclusion: There Is Help and Hope

A relationship breakdown during the partner visa process is emotionally and legally complex—but it is not the end of your Australian journey. Whether you’ve separated amicably or experienced family violence, the Department of Home Affairs considers your individual circumstances. There are protections and legal pathways in place to ensure your safety, dignity, and fairness.

Always seek personalised legal advice to protect your rights and clarify your next steps. And remember: You are not alone in this process.

Remember:

This post is for general informational purposes only and is not a substitute for professional immigration advice. Given the uniqueness of every case, engaging with a registered migration agent is highly recommended for bespoke guidance and to navigate the specific details of your situation effectively. Book a visa consultation with a Registered Migration Agent

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