Partner Visa After Partner Death: Options and Evidence

A partner visa after partner died is one of the most painful situations a migrant can face. If your partner has died while your partner visa application was being processed, or after your temporary partner visa was granted, the application does not simply end. Australian migration law contains specific provisions for a partner visa after partner died, and many bereaved applicants can still be granted permanent residence.

This guide explains, in plain English, what happens to a partner visa after partner died at each stage of the process. It covers the onshore Subclass 820 and Subclass 801 partner visa, the offshore Subclass 309 and Subclass 100 partner visa, and the Subclass 300 Prospective Marriage visa. It sets out the legal tests, the evidence the Department expects, and the practical steps that matter in the weeks after a death. Our complete guide to partner visas in Australia explains the whole process if you need the background first. If you are facing this now, our partner visa lawyers can review where your application stands and what the law requires.

We have written this article with care. Nothing in it is meant to rush you. Grief takes its own time. The law, however, has its own requirements, and knowing them early protects your position.

Can a partner visa continue after your partner died? The short answer

Yes, in many cases a partner visa application can continue after the sponsoring partner dies, but the applicant must meet a special set of criteria instead of the usual requirement to still be in the relationship. Every partner visa normally requires the applicant to be the spouse or de facto partner of the sponsor when the visa is decided. Death ends the relationship, so the ordinary test can no longer be met. The Migration Regulations 1994 therefore provide alternative criteria, often called the death of sponsor provisions.

On the question of a partner visa after partner died, those provisions generally ask three things:

• Was the applicant in a genuine and continuing spouse or de facto relationship with the sponsor until the sponsor died?
• Would the relationship have continued if the sponsor had not died?
• For the onshore and Subclass 300 pathways, has the applicant developed close business, cultural or personal ties in Australia?

Where those questions can be answered with evidence, a partner visa after partner died can be granted. Where the relationship had already broken down before the death, or the evidence does not show a genuine relationship, the death provisions will not help. The answer also depends on which visa you applied for and where you are when the decision is made, which is why the stage of your application matters.

Partner visa after partner died: which stage are you at?

The provision that applies to a partner visa after partner died depends on the stage the application had reached when the sponsor died. Partner visas in Australia are granted in two stages. The first stage is a temporary visa (Subclass 820 onshore or Subclass 309 offshore). The second stage is a permanent visa (Subclass 801 onshore or Subclass 100 offshore). A third pathway applies to people who entered Australia on a Subclass 300 Prospective Marriage visa.

The sponsor died while the Subclass 820 application was pending

The applicant can rely on subclause 820.221(2). This is the most common partner visa after partner died situation. It is discussed in detail below.

The sponsor died after the Subclass 820 visa was granted

The applicant holds a temporary partner visa and is waiting for the Subclass 801 decision. Subclause 801.221(5) applies. Our article on the difference between Subclass 820 and Subclass 801 explains how the two stages connect.

The sponsor died while the Subclass 309 application was pending

Subclause 309.221(2) applies, but only to applicants who meet particular location conditions. This is a narrower provision, and many offshore applicants cannot use it.

The sponsor died after the Subclass 309 visa was granted

Subclauses 100.221(3) and 100.221(4B) apply to the permanent Subclass 100 stage.

The sponsor died before a Subclass 300 holder lodged the onshore application

Subclause 820.211(7) applies, but only where the couple had validly married before the death.

Each pathway has its own wording. A partner visa after partner died case should always begin by identifying which provision applies, because the evidence and the risks differ.

Subclass 820 when the sponsor dies before the decision

A Subclass 820 applicant whose sponsor dies before the visa is decided can still be granted the visa under subclause 820.221(2) of the Migration Regulations 1994. This is the central partner visa after partner died provision for onshore applicants.

Department policy summarises subclause 820.221(2) as applying to an applicant who:

• would continue to meet the requirements of subclause 820.211(2), (5) or (6) except that the sponsor has died (paragraph 820.221(2)(a));
• satisfies the decision maker that the applicant would have continued to be the spouse or de facto partner of the sponsoring partner if the sponsoring partner had not died (paragraph 820.221(2)(b)); and
• has developed close business, cultural or personal ties in Australia (paragraph 820.221(2)(c)).

What "would continue to meet the requirements" means

Department policy says an applicant cannot satisfy paragraph 820.221(2)(a) unless the decision maker is satisfied that the applicant was the spouse or de facto partner of the sponsor, meeting all the requirements of section 5F or section 5CB of the Migration Act 1958, until the sponsor died. In other words, the relationship must have been genuine and continuing right up to the death. The usual partner visa assessment still happens. It simply looks at the relationship as it was on the day the sponsor died, rather than on the day of decision.

That means the four assessed aspects of the relationship still matter: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Our guide to partner visa relationship evidence explains each aspect. For de facto couples, our article on the de facto partner visa and the 12-month rule explains how a de facto relationship is assessed.

Why the timing of the Subclass 820 decision matters

For a partner visa after partner died at the first stage, the decision maker assesses the death provision when the Subclass 820 decision is made. If the Subclass 820 visa is granted on that basis, the applicant then moves to the Subclass 801 stage, where subclause 801.221(3) deals with applicants granted the Subclass 820 visa under subclause 820.221(2). The ordinary Subclass 801 pathway in subclause 801.221(2) requires a waiting period after lodgement, and the way that period applies to a subclause 801.221(3) applicant should be checked on the facts of each case. Our article on Subclass 820 processing times explains the usual wait in ordinary cases.

A new relationship after the death

Department policy recognises that some applicants form a new relationship after their sponsor has died. Policy says delegates should be mindful that, in that situation, the applicant may still be able to satisfy the criterion that they would have continued to be the partner of the sponsoring partner. A new relationship does not automatically defeat a partner visa after partner died. What matters is the relationship with the deceased sponsor up to the death, and whether it would have continued. This is a sensitive area, and the facts need careful presentation.

How this differs from a relationship breakdown

A partner visa after partner died is treated very differently from a separation. If a couple separates, the applicant usually cannot continue unless family violence or child custody provisions apply. Our article on what happens if the relationship breaks down during a Subclass 820 application explains those rules. Our family violence partner visa page explains the separate family violence provisions. The death provisions exist because the relationship did not fail. It ended only because one partner died.

Subclass 801 when the sponsor dies after the Subclass 820 grant

A Subclass 820 holder whose sponsor dies before the Subclass 801 decision can be granted the permanent visa under subclause 801.221(5), and does not need to wait the usual two years. This is the partner visa after partner died provision for the second onshore stage.

According to Department policy, subclause 801.221(5) requires that:

• the applicant holds a Subclass 820 visa (paragraph 801.221(5)(a));
• the applicant would meet the requirements of subclause 801.221(2) or (2A) except that the sponsoring partner has died, and would have continued to be the spouse or de facto partner of the sponsoring partner if the sponsoring partner had not died (paragraphs 801.221(5)(b) and (c)); and
• the applicant has developed close business, cultural or personal ties in Australia (paragraph 801.221(5)(d)).

Department policy states that, as evidence, the original or a certified copy of the death certificate must be provided.

The two-year waiting period does not apply

Ordinarily, a Subclass 801 visa can only be granted once a waiting period has passed since the combined application was lodged. Department policy confirms that applicants who meet subclause 801.221(5) are not required to wait two years before being granted the Subclass 801 visa. For a partner visa after partner died at this stage, the permanent decision can therefore be made once the evidence is complete.

What if the Subclass 820 visa was cancelled?

Department policy says that if the Subclass 820 visa was cancelled before the Subclass 801 decision, the delegate should wait until the outcome of any review is known before finalising the Subclass 801 application. Cancellation is rare in a partner visa after partner died matter, but it shows that holding the Subclass 820 visa is essential. Our visa cancellations page explains how cancellation works.

Subclass 309 and Subclass 100 after the sponsor's death

The offshore pathway also has death of sponsor provisions, but they are narrower than the onshore ones, and where the applicant is located can decide whether a partner visa after partner died is possible.

Death before the Subclass 309 decision

Subclause 309.221(2) applies to applicants whose sponsoring partner has died since the Subclass 309 application was lodged. Department policy says the applicant cannot satisfy subclause 309.221(2) unless the delegate is satisfied that the applicant was the spouse or de facto partner of the sponsor until the relationship ceased, and would have continued to be if the sponsoring partner had not died. The applicant should provide the original or a certified copy of the death certificate.

There is a significant limit. Department policy explains that subclause 309.221(1)(b), which opens the death and relationship cessation provisions, applies to applicants who are in Australia at the time of decision and who meet subclause 309.412(2). That subclause is linked to the concession period introduced during the COVID-19 travel restrictions. It applies where the application was made before the end of the concession period, the applicant was in Australia at some time during that period, and the applicant is in Australia, but not in immigration clearance, when the visa is granted. Department policy states that applicants must be in Australia at the time of decision to be granted the visa on this basis.

For many offshore applicants, this means a partner visa after partner died is not available at the Subclass 309 stage at all. An applicant who is outside Australia, or who lodged after the concession period, may have no death provision to rely on. Those applicants need advice about other options before the Department decides. Our Subclass 309 offshore partner visa page explains the offshore process.

Death after the Subclass 309 visa was granted

Subclauses 100.221(3) and 100.221(4B) apply to Subclass 309 holders whose sponsoring partner dies before the Subclass 100 application is decided. Subclause 100.221(3) applies where the applicant entered Australia holding the Subclass 309 visa. Subclause 100.221(4B) applies where the applicant was in Australia when the Subclass 309 visa was granted because subclause 309.412(2) applied. Department policy says these applicants are not required to wait two years before being granted the Subclass 100 visa, but the delegate must be satisfied that the relationship was, until the sponsoring partner died, a partner relationship as defined in section 5F or section 5CB of the Migration Act 1958.

An important practical point follows. A Subclass 309 holder who has not yet entered Australia when the sponsor dies may not fall within subclause 100.221(3). For a partner visa after partner died on the offshore pathway, travel history and the date of first entry should be checked immediately.

Subclass 300 holders whose sponsor has died

A Subclass 300 Prospective Marriage visa holder whose sponsor dies can still apply for the Subclass 820 and Subclass 801 visas under subclause 820.211(7), but only if the couple had validly married before the death. This is the partner visa after partner died provision for engaged couples who came to Australia to marry.

Department policy summarises subclause 820.211(7) as requiring that:

• the applicant holds a Subclass 300 visa;
• the applicant married the sponsoring partner under a marriage that is recognised as valid for the purposes of the Migration Act 1958;
• the sponsoring partner died before the applicant applied for the Subclass 820 and Subclass 801 visas;
• the applicant would otherwise have satisfied the partner relationship criteria, assessed on the information on file; and
• the applicant has developed close business, cultural or personal ties in Australia.

Department policy notes that applicants who satisfy subclause 820.211(7) are not required to wait two years from the date of application before being eligible for the Subclass 801 visa.

If the sponsor died before the wedding

The Subclass 300 death provision depends on a valid marriage. Where the sponsor died before the couple married, subclause 820.211(7) cannot be met as Department policy describes it. A partner visa after partner died is then very unlikely through the partner pathway. That person needs urgent advice about their visa expiry and any other visa they may be eligible for. Our article on Subclass 300 Prospective Marriage visas explains the marriage requirement.

If the couple married but had not lodged yet

Where the couple married and the sponsor died before the onshore application was lodged, subclause 820.211(7) is designed for exactly that situation. Lodgement must still happen while the Subclass 300 visa is held. A partner visa after partner died for a Subclass 300 holder is therefore time sensitive.

The legal tests for a partner visa after partner died

The legal tests for a partner visa after partner died are, in substance, a genuine and continuing relationship up to the death, a finding that the relationship would have continued, and, for the onshore and Subclass 300 pathways, close business, cultural or personal ties in Australia. Each test is separate. Each needs its own evidence.

Test one: a genuine and continuing relationship until the death

The first test looks backwards. The decision maker asks whether, on the day the sponsor died, the applicant and sponsor were spouses under section 5F or de facto partners under section 5CB of the Migration Act 1958. That means a mutual commitment to a shared life as spouses or partners to the exclusion of all others, a genuine and continuing relationship, and living together or not living separately and apart on a permanent basis.

Regulation 1.15A (for spouses) and regulation 1.09A (for de facto partners) list the circumstances the decision maker must consider: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the commitment. For a partner visa after partner died, these assessed aspects are considered as they stood before the death. Joint accounts, a shared lease, shared bills, friends who knew the couple, and the couple's plans for the future all remain relevant. Our articles on preparing evidence of a genuine relationship and the partner visa document checklist set out the usual categories of evidence.

Test two: the relationship would have continued

The second test looks forward from the death. The decision maker must be satisfied that, if the sponsor had not died, the applicant would have continued to be the sponsor's spouse or de facto partner. In most partner visa after partner died cases, this test follows naturally from the first. If the couple were living together, planning their future and caring for each other until the end, the decision maker can usually infer that the relationship would have continued.

The test becomes harder where there were difficulties before the death. Periods of separation, a recent argument, a pending divorce or the sponsor's relationship with someone else can all be raised. ART decisions show that a past separation does not automatically defeat a partner visa after partner died where the couple reconciled and the relationship was genuine at the time of death. The evidence must explain the history honestly.

Test three: close business, cultural or personal ties in Australia

The third test asks whether the applicant has developed close business, cultural or personal ties in Australia. It applies under paragraphs 820.221(2)(c) and 801.221(5)(d), and under subclause 820.211(7) for Subclass 300 holders. The next section explains what these ties mean in practice, because this test is often where a partner visa after partner died succeeds or fails.

The usual criteria still apply

The death provisions replace only the relationship criterion. All the other criteria for the visa still apply. Health, character, the public interest criteria in Schedule 4 and, where relevant, Schedule 3 must still be met. Our article on why partner visas get refused explains the most common problems that arise outside the relationship itself, and our guide to Form 80 explains the personal particulars form the Department often requests.

What counts as close business, cultural or personal ties in Australia?

Close ties in Australia are business, cultural or personal connections that are real, active and ongoing, and Department policy gives examples of each while telling delegates not to treat those examples as exhaustive. For a partner visa after partner died, this is the criterion that most clearly depends on the applicant's own life in Australia, not on the relationship with the sponsor.

Business ties

Department policy says a business tie may include ownership of a business in which the applicant has an ongoing and active interest. The business must operate in Australia. In deciding whether the tie is close, delegates may consider the extent and nature of the business activities, the extent of the applicant's active involvement, and whether refusal of the visa would cause economic hardship to the business or to business partners or associates. Policy describes a close business tie as one where refusal would have a significant and quantifiable detrimental economic impact.

Employment alone is not described in the policy as a business tie. A steady job is still relevant evidence of a settled life, and it often supports personal ties, but an applicant should not assume that holding a job satisfies the business limb.

Cultural ties

Department policy says cultural ties are envisaged as including, but not limited to, the arts, music or literature. An applicant can only have developed a cultural tie if they participate in, or contribute to, cultural activities. Delegates consider the extent of that participation or contribution. Active membership of a community, religious or cultural organisation, performing, teaching or volunteering in cultural activities can all be relevant to a partner visa after partner died.

Personal ties

Personal ties are the most common basis for meeting this criterion. Department policy says personal ties include close relationships with family or friends in Australia, and ongoing carer responsibilities for the children of the relationship or the sponsor's children. A tie cannot be close unless the applicant and the relevant people have regular and ongoing contact.

Policy also lists factors that go to the strength of a personal tie:

• the applicant's total periods of residence in Australia and their age during those periods;
• the degree of support shown for the application by relatives and friends in Australia; and
• the degree of emotional ties with, including dependence on, those relatives and close friends.

The deceased sponsor's family can be a powerful source of personal ties. In many partner visa after partner died cases, the sponsor's parents, siblings or adult children remain close to the applicant and support the application. Children of the relationship, and the applicant's role in caring for them, carry significant weight.

Ties are assessed at the time of decision

Close ties are about the applicant's present life in Australia. They can grow while the application is pending. Evidence of continuing contact with the sponsor's family, community involvement and caring responsibilities can be updated before a decision or a Tribunal hearing. A partner visa after partner died is not judged only on the file as it stood on the day of death.

Evidence for a partner visa after partner died

Evidence for a partner visa after partner died should prove three things: that the sponsor has died, that the relationship was genuine and continuing until the death, and that the applicant has close ties to Australia. The evidence must be clear, consistent and organised so the decision maker can follow the history without guessing.

The death certificate

Department policy for the Subclass 801, Subclass 309 and Subclass 100 death provisions refers to the original or a certified copy of the sponsoring partner's death certificate. Where the death occurred overseas, an official death record from that country, with a certified English translation, will be needed. Where the death certificate is delayed, for example because a coroner is involved, the Department should be told and given whatever interim official documents are available, such as a medical certificate of cause of death or a funeral director's notice. The certificate itself should be provided once issued.

Evidence of the relationship up to the death

The relationship evidence for a partner visa after partner died is the same kind of evidence used in any partner visa, but it focuses on the period up to the death. Useful documents include:

• joint bank accounts, shared bills and a joint lease or mortgage;
• correspondence addressed to both partners at the same address;
• photographs, travel records and messages over the life of the relationship;
• evidence that the applicant cared for the sponsor during any illness, such as hospital visitor records, carer arrangements or medical correspondence naming the applicant as next of kin;
• the sponsor's will, superannuation nomination or insurance nominations naming the applicant; and
• the funeral arrangements, including who organised and paid for the funeral, the funeral notice, the eulogy or order of service, and the applicant's place in the ceremony.

Funeral and estate documents often provide strong evidence because they show how the sponsor's family and community regarded the applicant. If the applicant was named as spouse or partner on the death certificate itself, that is also relevant. Our 820 partner visa evidence checklist gives a fuller list of relationship documents.

The applicant's own statement

The applicant's own statement is central to a partner visa after partner died. It should tell the story of the relationship from the beginning, explain how the couple lived together, describe the period before the death, and set out the applicant's life in Australia now. It should be honest about any difficult periods. A statement that leaves out a known separation, only for the Department to find it elsewhere, can damage credibility.

Writing this statement is often the hardest part for a grieving applicant. It can be prepared in stages. Our guide to the partner visa relationship statement explains how a relationship statement is usually structured, and the same principles apply here.

Form 888 statements from people who knew the couple

Form 888 statements from Australian citizens or permanent residents who knew the couple are particularly valuable in a partner visa after partner died. They allow people outside the relationship to confirm that the couple were together until the death and that the relationship was genuine. Statements from the sponsor's own family carry particular weight, because they show the family accepted the applicant as their relative's partner. Statements can also speak to the applicant's continuing ties with the family after the death.

Our article on who can make a Form 888 and what it should say explains the rules, and our guide to Form 888 examples and common mistakes shows how a strong statement is written. Each Form 888 must be in the witness's own words and reflect what they actually know.

Evidence of ties to Australia

Ties evidence for a partner visa after partner died should be specific and current. Examples include:

• employment records, payslips and a letter from the employer;
• business registration, tax records and evidence of the applicant's active role in a business;
• membership and participation records from community, religious, sporting or cultural organisations;
• evidence of regular contact with the sponsor's family and the applicant's own friends in Australia;
• school, childcare and medical records showing the applicant cares for children of the relationship;
• property ownership, a lease in the applicant's name, and evidence of continuing to live in the home the couple shared; and
• letters of support from people in the applicant's community.

Presenting the evidence

Volume is not the goal. A partner visa after partner died is decided by a person reading the file, often a person who knows nothing about the couple. A short index, a clear chronology and a statement that refers to the documents make the decision maker's task easier. Where the Department sends a section 56 request for more information, the response should be complete and on time.

What ART decisions show about partner visa after partner died cases

Administrative Review Tribunal and former Administrative Appeals Tribunal decisions show that partner visa after partner died refusals can be set aside on review where the full relationship history and the applicant's ties are put before the Tribunal. The cases below are recorded in decisions where the Tribunal remitted the matter to the Department for reconsideration. They illustrate the issues. They are not predictions about any other case.

Relationship genuine before the sponsor's death

In Phung (Migration) [2023] AATA 3642, a Subclass 820 matter, the reported issues were whether the relationship was genuine before the sponsor's death, the validity of the marriage, the financial, household and social aspects of the relationship, and supporting statements. In Poblete (Migration) [2024] AATA 129, also a Subclass 820 matter, the issues were a genuine and continuing relationship until the sponsor's death, the four assessed aspects including the nature of commitment, a long relationship and the applicant's personal ties.

Separation and reconciliation before the death

In Mohan (Migration) [2024] AATA 813, the reported issue was a genuine and continuing relationship before the death of the sponsor, where there had been a valid and long marriage, a separation, a comparatively short other relationship of the sponsor, and a reconciliation. This is an example of the second test in practice: a difficult history did not prevent the matter being remitted.

Registered and de facto relationships

In Shah (Migration) [2022] AATA 4494, the sponsor had died, the couple had formally registered their de facto relationship, and the Tribunal was satisfied the parties were in a committed de facto relationship. In 2120035 (Migration) [2024] ARTA 859, the issue recorded was whether the applicant was the de facto partner of a deceased sponsor who was an Australian citizen. In 1914124 (MIGRATION) [2023] AATA 3931, the sponsor was deceased, the relationship was registered, the genuine and continuing relationship was accepted, and the applicant's close business, cultural or personal ties were in issue.

A new relationship and a child

In Goco (Migration) [2025] ARTA 430, the reported issues were a genuine and continuing relationship, a deceased sponsor, a new registered relationship, and an Australian citizen child. This sits alongside the Department policy noted above that a new relationship after the death does not necessarily prevent a partner visa after partner died.

Long-distance relationships and illness

In RUOS (MIGRATION) [2026] ARTA 56, the reported issues included the history of the relationship and the sponsor's visits, the sponsor's illness, the parties' valid marriage, the application and the sponsor's death. In 2215861 (MIGRATION) [2025] ARTA 2923, the issues were a genuine and ongoing relationship, supportive statements, a deceased sponsor and multiple international visits.

Procedural fairness

In Nguyen (Migration) [2020] AATA 3891, the reported issues were natural justice, circumstances beyond the applicant's control, a hearing postponed because of COVID-19, and the death of the sponsor.

These decisions show the same pattern. The partner visa after partner died provisions work when the evidence of the relationship, the supporting statements and the applicant's ties are presented fully. Our article on what to expect in an ART review explains how the Tribunal process works.

Telling the Department after the sponsor's death

The Department must be told in writing that the sponsor has died, because section 104 of the Migration Act 1958 requires applicants to notify changes in circumstances that make an answer in their application incorrect. Department policy for the Subclass 820 visa specifically refers to a death as a change in circumstances of this kind.

For a partner visa after partner died, notification is usually made with Form 1022 (Notification of changes in circumstances) and a certified copy of the death certificate, or through ImmiAccount where that option is available for the application. Our guide to Form 1022 change of circumstances explains how the form works, and our step-by-step guide on how to create an ImmiAccount helps applicants who need to access their application online.

What to say in the notification

The notification should state the date of death and that the applicant intends to continue with the application under the relevant death of sponsor provision. It does not need to contain all the evidence at once. It is better to notify promptly, say that further evidence will follow, and then provide a complete submission, than to delay notification while gathering documents.

The sponsorship after the death

A partner visa normally depends on an approved sponsorship. When the sponsor dies, the sponsor can no longer meet any sponsorship undertakings. The death provisions are designed for exactly this situation, and they allow the visa to be granted on the basis of the relationship as it was before the death. The applicant does not need to find a new sponsor. Our page on partner visa sponsorship limitations explains how sponsorship works in ordinary cases.

Bridging visa, work and travel after the sponsor's death

The death of the sponsor does not cancel the applicant's bridging visa, and an onshore applicant usually keeps the same bridging visa and conditions while the partner visa application is pending. A bridging visa granted with a Subclass 820 and Subclass 801 application generally stays in effect while the application is being decided, and for the period the regulations allow after a refusal.

Work rights

An applicant who held a Bridging visa A with no conditions keeps those work rights after the death. Our article on working while waiting for a Subclass 820 visa explains the usual position, and our guides to the Bridging visa A and bridging visas in Australia explain the different classes.

Travel to attend a funeral overseas

Many bereaved applicants need to travel, for example where the sponsor is to be buried in another country. A Bridging visa A ceases when the holder leaves Australia. Before travelling, an onshore applicant usually needs a Bridging visa B, which permits return within a set travel period. Our article on the Bridging visa B explains how it is applied for. Travel on the wrong visa can leave a person outside Australia without a way back, and for some offshore pathway applicants, being outside Australia at the time of decision can also affect whether the death provision applies. A partner visa after partner died applicant should get advice before booking travel.

Applicants holding a Subclass 820 visa

A Subclass 820 holder keeps that visa after the sponsor's death. It continues until the Subclass 801 application is decided. The Subclass 820 visa conditions, including work and travel, continue to apply in the usual way.

Children, new relationships and family matters after the death

Children of the relationship are often central to a partner visa after partner died, both as members of the application and as evidence of the applicant's ties to Australia.

Dependent children included in the application

Dependent children who were included in the partner visa application as secondary applicants can remain in the application. Their visas generally depend on the primary applicant's visa being granted. Changes in the family, including the death of the sponsor who was a parent or step-parent, should be included in the Form 1022 notification.

Children as personal ties

Department policy lists ongoing carer responsibilities for the children of the relationship, or for the sponsor's children, as a personal tie. An applicant caring for an Australian citizen child of the relationship has a clear personal tie to Australia. An applicant who continues to care for, or maintain contact with, the sponsor's children from an earlier relationship can also rely on that contact. School and childcare records, medical records and statements from family members can all show this.

Estate and family law matters

The sponsor's death may involve probate, superannuation claims or disputes with the sponsor's family. These matters are separate from the visa, but documents created in them often matter for a partner visa after partner died. A grant of probate naming the applicant, a superannuation fund's decision accepting the applicant as spouse, or a coroner's record of next of kin can be relevant. Equally, if a family member disputes the relationship in an estate claim, that dispute may reach the Department. The visa evidence should be prepared with that possibility in mind.

Same-sex couples

The death provisions apply equally to same-sex couples. Our LGBTI partner visa page explains how partner visas work for same-sex couples, and the same evidence principles apply after a death.

Timing, grief and the partner visa application

On the question of a partner visa after partner died and timing, there is usually no fixed date by which the evidence must be lodged after the death, but deadlines in Department requests and in review applications are strict, and evidence is easier to gather early.

Grief affects memory, concentration and energy. Many applicants find it difficult to read correspondence or to describe their relationship so soon after a loss. The practical approach is to separate urgent steps from steps that can wait.

Urgent steps

• Notify the Department of the death in writing.
• Check the bridging visa and any travel plans before leaving Australia.
• Read every letter from the Department and note any response date.
• Keep the funeral records, the death certificate and condolence messages.

Steps that can follow

• Gather the relationship evidence for the period before the death.
• Ask family and friends for Form 888 statements.
• Prepare the applicant's own statement.
• Collect evidence of ties to Australia.

A partner visa after partner died is usually stronger when the applicant has had time to prepare a careful statement. Where a Department request sets a short deadline, a written request for more time, with reasons, can be made. Our guide to urgent immigration lawyer advice explains what to prepare when a deadline is close.

Partner visa after partner died: refusals and review rights

If a partner visa after partner died is refused, the refusal letter will state whether review is available, and the time limit for lodging a review with the Administrative Review Tribunal is short and strictly applied. A review application lodged on time is a fresh hearing of the whole case. The Tribunal can consider new evidence, including evidence of ties that developed after the Department's decision.

Onshore Subclass 820 and Subclass 801 refusals are generally reviewable by the applicant. Review rights for offshore Subclass 309 refusals usually depend on the sponsor, which raises particular questions where the sponsor has died. Anyone with a refusal should read the letter carefully on the day it arrives and get advice immediately. Our article on partner visa refused appeal options explains the review process, and our partner visa refusals and visa refusals pages explain how we act on refusals. Our guide on when you need a visa appeal lawyer explains what representation at the Tribunal involves.

Before a refusal: natural justice letters

Before refusing, the Department may write asking the applicant to comment on adverse information, for example a family member's claim that the couple had separated. Our article on the section 57 natural justice letter explains how to respond. A careful response at this stage can prevent a refusal.

After the Tribunal

Where the Tribunal affirms a refusal, the remaining options are limited. Our judicial review page explains when a legal error can be challenged in court. If the applicant becomes unlawful, our articles on Schedule 3 criteria and the Schedule 3 waiver explain the additional criteria that apply to later applications.

Common mistakes in partner visa after partner died matters

The most common mistakes in a partner visa after partner died arise from delay, incomplete evidence and assumptions about what the Department already knows.

• Not notifying the Department of the death, or notifying without stating that the applicant wishes to continue.
• Withdrawing the application in the belief that it can no longer succeed.
• Travelling overseas for the funeral on a Bridging visa A without first obtaining a Bridging visa B.
• Relying only on evidence lodged at the start of the application, without updating it to the date of death.
• Leaving out earlier periods of separation and leaving the Department to find them.
• Treating employment alone as proof of close ties without evidence of personal or community connections.
• Missing a Department request deadline or the Tribunal review deadline.

If you lodged the partner visa yourself and now need help, our article on hiring an immigration lawyer after visa lodgement explains how a lawyer can step in, and our guide to Form 956 and 956A explains how a representative is appointed. Our article on a second opinion from an immigration lawyer explains what a file review involves, and our guide to when you need an immigration lawyer for a partner visa may help you decide. Our guides to choosing a partner visa lawyer in Australia and our factual comparison of a partner visa migration agent or lawyer explain the options for representation.

Where My Migration Lawyers acts on partner visa matters

My Migration Lawyers acts for partner visa applicants across Australia, with consultations by video, so a bereaved applicant does not need to travel to meet us. Applicants can find our local partner visa pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Where the death raises other visa questions, our general immigration pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta explain our wider practice. Our guide on how to choose a partner visa lawyer in Australia may also help. More of our partner visa writing is on the My Migration Lawyers blog, and our immigration lawyers Australia home page lists all our practice areas.

How My Migration Lawyers helps with a partner visa after partner died

My Migration Lawyers acts in many partner visa matters where the sponsor has died, and many of them are complex. They include Subclass 820 applicants whose partner died before the decision, Subclass 820 holders waiting for the Subclass 801 visa, Subclass 300 holders who married shortly before their partner's death, offshore applicants whose eligibility depends on where they are, and applicants facing a refusal and a Tribunal review. The firm deals with complex partner visa after partner died cases as a regular part of its practice and is capable of handling them with the care they need.

At the start, the firm identifies which death of sponsor provision applies, checks the applicant's bridging visa and travel position, and prepares the written notification to the Department. The firm then works with the applicant, at a pace that respects their grief, to gather the relationship evidence up to the date of death, the funeral and estate records, and the evidence of ties to Australia. The firm guides family members and friends on what a Form 888 statement must cover, and helps the applicant set out their own account of the relationship in a clear statement. The firm presents the applicant's own account and evidence in the form the law requires, with a submission addressing each legal test.

Where the Department raises concerns, the firm responds to requests for information and natural justice letters. Where a partner visa after partner died is refused, the firm acts on the Tribunal review, including preparing updated ties evidence and representing the applicant at the hearing.

Our work is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, see our partner visa lawyers page, or send us a message through our contact page.

If your partner has died and you are unsure what happens to your visa, you do not need to work it out alone. Book a consultation or call 1300 040 300.