Am I Still Eligible for The Partner Visa If My Relationship with My Partner Ends?

The Partner visa is a great migration pathway for those looking to reside in Australia with their de facto partner or spouse. However, when a relationship turns sour during the partner visa processing time or before the permanent partner visa is granted, it can turn your life around.

It’s important to be aware of all your obligations and depending on your circumstances, what options may be available to you.

The First Thing You Need to Do Is Tell the Department

If your relationship with your partner breaks down, you must tell the Department!

This is extremely important especially when your Partner visa is still processing or you’re currently holding the temporary partner visa and the permanent Partner visa has not been granted.

Not only because you are providing fraudulent information by not telling the Department about your relationship breakdown, but on the bright side, if you are in Australia you may be eligible to be considered for the permanent Partner visa so you may not have to leave Australia at all.

Your Relationship Breaks Down Before the Temporary Partner Visa is Granted

If you had lodged a Partner visa onshore and your relationship has broken down before your subclass 820 temporary Partner visa is granted, it is likely that after you have notified the Department they will advise you to withdraw your application.

If you don’t withdraw, it is most likely that your visa application will be refused.

In most cases, unless you have a substantive visa, the department will give you a timeframe to seek other visa options or leave Australia.

Your Relationship Breaks Down While Holding the Temporary Partner Visa in Australia

You may still be eligible to be considered for the permanent Partner visa if you hold a temporary Partner visa in Australia. There are provisions in the Australian migration law that permits you to continue with your permanent Partner visa if you meet one of the following requirements:

  • Your relationship breaks down because either you or your dependent family member is a victim of family violence (domestic violence) which is committed by your partner; OR
  • Your relationship breaks down and you have full custody of at least one child (who is under 18 years old); OR
  • Your partner passed away, and you can prove that had your partner been alive, your relationship would have continued. If you had applied for and had been granted the onshore temporary partner visa, you must also provide evidence to show that you have developed close ties in Australia.

Your Relationship Breaks Down Due to Family Violence

Australia does not accept Domestic and Family Violence! It is extremely important to be aware that your immigration status cannot be threatened by your partner, family or people in the community.

It’s ok to leave an abusive relationship because domestic and family violence in Australia is against the law.

A great example of an applicant who got her permanent partner visa approved due to domestic violence was a case which happened between 2015 – 2016.

Background:

The Applicant and the Sponsor got married in 2014 and had applied for an offshore Partner visa. The temporary Partner visa subclass 309 was granted and the Applicant came to Australia to be with her partner in October 2015.

The Sponsoring Partner and the Applicant were in a genuine and continuing relationship. The Sponsoring Partner provided full support in all aspects; financially, socially, household and both were committed to their relationship.

Unfortunately, the relationship broke down due to domestic violence. The Sponsoring Partner assaulted the Applicant during their altercation. The Applicant called the police after she managed to get out. A Provisional Apprehended Violence Order was issued and later, a Final order Apprehended Violence Order was issued.

The domestic violence resulted in the Applicant suffering from Post-Traumatic Stress Disorder (PTSD) and was referred to a Psychologist, to which she attended multiple times.

With the help of a Registered Migration Agent, using the Final order -Apprehended Violence Order and all other supporting evidence, the Applicant received her permanent Partner visa a few months later in 2016.

The above is a perfect example of how your immigration status cannot be threatened by your partner, family or people in the community.

If I Was a Victim of Domestic Violence, What Documents Should I Provide?

The Department will request for evidence of the domestic violence to consider you for the permanent partner visa. These type of evidence may be documents such as:

  • Final Order – Apprehended Violence Order
  • Photographs
  • Police reports
  • Court orders
  • Social worker report
  • Doctor’s report

If you are in this situation, we strongly advise seeking assistance from a migration specialist. The certainty of knowing all legal and mandatory requirements are met throughout the application process are the advantages of engaging a migration agent.

Read our Partner Visa Blog for more updates and tips on the Partner visa!


How Can Crux Migration Help

We can help guide you through the entire Partner visa application process and help you prepare all documents involved, ensuring that documents meet requirements before we lodge your application. We can represent you from start and until a decision is made on your application.

You can book a consultation with our Immigration Lawyers and Migration Agents at Agape Henry Crux (also known as Crux Migration). We can assess your eligibility and tailor your partner visa application in accordance with your relationship circumstances.

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