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What Happens With Your Partner Visa If Your Relationship Breaks Down

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05Aug
2020

What Happens With Your Partner Visa If Your Relationship Breaks Down

Are you in a relationship with an Australian partner? In case you are holding a temporary partner visa subclass 309 or a Partner Visa 820 and your relationship with your partner or spouse breaks down, you may want to know what happens with your partner visa in Australia.

What measures you must take if your relationship breaks down with your partner visa?

Also Read: Important Facts About Partner Visas in Australia

You must know that, you can still be eligible for a permanent partner visa in Australia where,

  • The end of the relationship happened because of the death of the partner.
  • Family violence is the reason for the relationship end.
  • You and your partner have a child from the relationship you had.

To know all these three circumstances well, let us discuss each in detail…

Death Of The Partner:

To become eligible for the permanent partner visa, you must make available all the requirements for the permanent partner visa even after the death of your sponsor or the partner sponsoring you to Australia. If you are a holder of the partner visa 820, you must show that you have already developed cultural or personal ties or a close business in Australia.

Family Violence:

The provisions of the family violence in the eyes of the migration laws allow the applicant to be capable of applying for the permanent visa even after the end of the relationship which occurred due to the commitment of violence in the family by the sponsor. In such a case, it is not mandatory to display that family violence has been the reason for the relationship to end. This is so because generally the victim is feared of the self-well being and safety as they go through a lot of threats and become apprehensive of such conduct of the act. Here, in such a case, the victim of family violence can be the main applicant of the permanent partner visa or the dependent child of the victim or the sponsor. The holder of Partner Visa 309 is required to show that they have suffered family violence after they have entered in Australia.

Also Read: How To Proceed If Your Australian Visa Gets Rejected?

Have A Child or Children From The Relationship:

Another case where you can have a permanent visa in Australia is that if you have a child or children from the ended relationship you can apply for the visa. For this to be applicable, the custody of the child or children must be joint custody or joint access to children for both the parents.

In cases, where the relationship ends on being on a temporary partner visa in Australia, it is mandatory to inform the Department of Home affairs about the broken relationship and the change in circumstances. This is the very mandatory required condition of the partner visa.

In the case where the relationship breakdown takes place within 2 years of the temporary partner visa grant, it is strictly required to notify the Australian Department of Immigration and Border Protection at the soonest. The stage and status of the further grant and processing of the visa and the outcome will depend can be one of the following:

  • You Have Lodged An Application For The Temporary Partner Visa And The Decision Is Still Pending:

In case, where the decision is still pending for the temporary partner visa grant and the relationship breakdown has already occurred, the Partner visa application will be refused. Here, the applicant will be provided with the bridging visa with a validity of 28 days along with the notice period from the date of the decision.

  • You Are Waiting For The Decision On Your Permanent Partner Visa While Already Having A Grant Of The Temporary Partner Visa:

In a case where you already have your temporary partner visa and you are waiting for a grant of your permanent partner visa, the application of your permanent partner visa will be refused with an immediate cease of your temporary visa and you will be allowed a bridging visa of 28 days along with the notice period after the decision is passed.

  • In The Case Where You Are Already Granted A Permanent Partner Visa In Australia:

The grant of your permanent partner visa will not change any conditions even after the relationship is broken, the visa will continue to be valid as normal.

The child or children can also be included in your visa application if they are not married, engaged, or in a de-facto relationship or are under 18 years in age.

The child can also be 18 years or more in age if the child is either wholly or partially dependent upon you for the basic needs. This can be considered for a maximum period of 12 months.

An experienced Migration Agent can be considered as a great guide to know more about the attached terms and conditions of the Partner visa Australia and the consequences after the relationship is broken due to various reasons.

With the help of Migration Agent Adelaide and Migration Agent Perth at ISA Migrations, you can expect appropriate assistance on the application of permanent or temporary partner visa in Australia and know about the circumstances where you can include children in your visa application.

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