What is a partner visa relationship breakdown? Partner visas stand as a gateway for foreign nationals to establish a permanent relationship and build a life in the country. However, when the bonds of this relationship falter, the implications can be complex and far-reaching. This leaves individuals facing uncertain futures and legal challenges.
Read on to learn more about partner visa relationship breakdown.
Information Behind the Partner Visa
A partner visa in Australia allows the de facto partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia. There are two types of partner visas:
The visa permits spouses, de facto partners, and fiancés of Australian citizens, permanent residents, or eligible New Zealand citizens to reside and work in Australia.
Relationship Requirements for Partner Visas
To understand partner visa relationship breakdown, we must first outline relationship requirements. To be eligible for a partner visa, you must be the spouse or de facto partner of:
- An Australian citizen
- Permanent resident; or
- Eligible New Zealand citizen.
This requirement applies both at the time of application and throughout the visa assessment process. Your relationship can be with someone of the same or different sex. If you are experiencing domestic or family violence, you may still be eligible for a partner visa. You can apply for special consideration to be granted your temporary and permanent visas.
Married Applicants
You are considered a married applicant if your marriage is valid under Australian law and you meet the following criteria:
- You have a mutual commitment with your spouse to exclude all others.
- Your relationship is genuine and ongoing.
- You either live together or do not live permanently apart.
- You are not related by family.
- To determine if your marriage is valid under Australian law, please contact the relevant state or territory agency for births, deaths, and marriages.
De Facto Partners
To be considered a de facto partner, you must be in a de facto relationship. You and your partner are in a de facto relationship if you meet the following criteria:
- You are not married to each other.
- You have a mutual commitment with your de facto partner to the exclusion of all others.
- Your relationship is genuine and ongoing.
- You live together or do not live permanently apart.
- You are not related by family.
Generally, you must have been in a de facto relationship for at least 12 months immediately before applying for the visa. Time spent dating or in an online relationship may not count as being in a de facto relationship.
Partner Visa Relationship Breakdown: Waiving the 12-Month Requirement
The 12-month requirement may be waived if you can demonstrate compelling and compassionate circumstances that justify granting you the subclass 820 visa. The 12-month requirement will also not apply if:
- Your partner holds or holds a permanent humanitarian visa.
- Your de facto relationship existed before your partner’s visa was granted.
- Your de facto partner informed the Australian government about your relationship before their visa was granted.
- You are in a de facto relationship with a partner who is applying for a permanent humanitarian visa.
- You have registered your relationship with an Australian authority such as a registry of births, deaths, and marriages.
Partner Visa Relationship Breakdown: Different Situations
1. Dependents for Their Partner’s Student or Other Temporary Visa
Did a partner visa relationship breakdown happen when you’re a dependent on your partner’s student or other temporary visa? If so, you are no longer a dependent on your partner’s visa and need to take action. You can either apply for a new visa or make travel plans to leave Australia. To update your visa status, you can either:
- Sign in to ImmiAccount and update your details; or
- Complete Form 1022 and email it to the same place that assessed your application.
2. Prospective Marriage (Subclass 300) Visa Holders
Did a partner visa relationship breakdown happen while you were holding a Prospective Marriage Visa? If so, you may still be eligible for a temporary Partner visa (subclass 820) and a permanent Partner visa (subclass 801). This applies to both individuals who:
- Are currently in Australia holding a Prospective Marriage visa; and
- Previously held a Prospective Marriage visa but no longer hold a substantive visa.
Eligibility for Partner Visas After Relationship Breakdown
To qualify for a temporary Partner visa and a permanent Partner visa following the termination of your relationship, you must meet the following criteria:
- You married your sponsor while you held the Prospective Marriage visa (subclass 300).
- Your relationship has ended.
- Your partner committed family or domestic violence against you or your family.
- Domestic and Family Violence Protection
It is important to note that a perpetrator of domestic and family violence cannot cancel your visa. If you have experienced domestic and family violence, you are still eligible for a temporary and permanent Partner visa.
Application Process
To apply for a Partner visa (subclasses 820 and 801) following the termination of your relationship due to domestic and family violence, you must first submit an application for a Partner visa.
3. Holder or Applicants of Temporary Partner Visa (Subclass 820 or 309)
Did a partner visa relationship breakdown happen for holders or applicants of temporary partner visas? If so, they can still be eligible for a permanent Partner visa (subclass 801) despite the termination of their relationship. To qualify for a permanent Partner visa, applicants must have:
- Applied for or been granted a temporary Partner visa (subclass 820).
- Arrived in Australia as the holder of a provisional Partner visa (subclass 309).
- Been granted a provisional Partner visa (subclass 309) while residing in Australia.
- Submitted an application for a provisional Partner visa (subclass 309) and are currently in Australia.
In exceptional circumstances, eligibility for a permanent Partner visa may be retained even if:
- Domestic and family violence is experienced.
- A child is shared with the sponsor.
- The partner passes away.
Victims of domestic and family violence are protected; the perpetrator cannot cancel their visa. Eligibility for a permanent partner visa remains unaffected.
Our Immigration Lawyers’ Expertise
It’s difficult to keep your composure when your relationship breaks with your former partner especially if you have a permanent visa. However, if partner visa applications are involved, things become much more complicated. It can have a significant impact on visa applications and its approval. That is why it is important to seek legal advice from immigration lawyers.
JB Solicitors possesses a wealth of experience and expertise in handling partner visa relationship breakdown cases. We offer comprehensive legal advice and representation throughout the visa application processes and cancellations. Our team of qualified lawyers understands the emotional and legal challenges involved.
Whether you are facing visa cancellation, exploring alternative visa options, or seeking financial assistance, JB Solicitors stands by your side. We continue to advocate for your best interests and ensure that your rights are upheld. We can also help you if your ex partner has a history of domestic violence.
Contact us today for all your visa grant and immigration matters.
