Partner Visa Change of Circumstances: Relationship Changes

A partner visa change of circumstances is any change in your life or your relationship that makes an answer in your partner visa application no longer correct. The law requires you to tell the Department about it. For couples, the most important partner visa change of circumstances is a change in the relationship itself: a separation, a reconciliation, a period of living apart, a marriage, a divorce, a death or the birth of a child.

This guide explains every relationship change that counts as a partner visa change of circumstances, what each one means legally for the Subclass 820 and Subclass 801 partner visa and the Subclass 309 and Subclass 100 offshore partner visa, how the Department should be told, and what usually happens next. If you want the whole process first, our complete guide to partner visas in Australia explains every stage. If your relationship has already changed and you are unsure what to say, our partner visa lawyers can review your position before anything is sent.

What is a partner visa change of circumstances?

A partner visa change of circumstances is a change that happens after the application is lodged and that makes information in the application, or information already given to the Department, incorrect. It is not limited to bad news. A wedding, a new baby and a move to a new home are all changes the Department expects to hear about, in the same way it expects to hear about a separation.

On the question of partner visa change of circumstances, relationship changes fall into three broad groups:

• Changes that strengthen or formalise the relationship, such as marriage after lodging as a de facto couple, the birth of a child or moving in together after a period apart.
• Changes that put the relationship in question, such as a separation, a long period of living apart or a sponsor who withdraws support.
• Changes that end the relationship, such as permanent separation, divorce or the death of the sponsor.

Each group has different legal consequences. The first group usually helps the application. The second group needs careful explanation and evidence. The third group means the application can only succeed if a specific legal exception applies. This article deals with each group in turn. A separate guide covers the form itself: our article on Form 1022 change of circumstances explains when and how the notification form is lodged.

Other kinds of partner visa change of circumstances also exist, such as a new address, a new passport, a change of name, new criminal charges or a change in health. Those changes must be reported too. This article focuses on relationship changes, because those are the changes that most often decide whether a partner visa is granted.

Do you have to report a partner visa change of circumstances?

Yes. Section 104 of the Migration Act 1958, headed "Changes in circumstances to be notified", requires a visa applicant to inform the Department in writing, as soon as practicable, if circumstances change so that an answer given in the application is no longer correct. The Department's own policy for the Subclass 820 visa states that this includes circumstances such as the relationship ending, or the family unit changing because of a birth, a death or a change in marital or relationship status.

Every partner visa application asks about the relationship. It asks whether the couple are married or in a de facto relationship, whether they live together, who is in the family unit and whether the sponsor supports the application. When any of those answers stops being true, the applicant is under a legal duty to correct it. That is the core of the partner visa change of circumstances obligation.

What "as soon as practicable" means

"As soon as practicable" means as soon as it is reasonably possible to give the information in writing. It does not mean the same day in every case. A person who has just left a violent home, or who has just lost their partner, is not expected to lodge a form within hours. But a delay of months, with no good reason, is very hard to justify. The safest course is to report a partner visa change of circumstances once the change is clear and the person is safe, and to keep a record of when and how it was reported.

Who has the duty to report

The duty in section 104 falls on the visa applicant. In practice, sponsors also contact the Department, particularly when a relationship ends. A sponsor can tell the Department that the relationship is over or that they no longer support the application. The applicant should not assume that the sponsor's contact satisfies the applicant's own duty. Each person should give their own account, and the applicant's account is the one that matters to their visa.

What happens if you do not report

Failing to report a partner visa change of circumstances can cause serious problems. If the Department learns about a separation from the sponsor, from a social media post or from an unrelated source, the applicant's silence is likely to damage their credibility. Section 109 of the Migration Act allows a visa to be cancelled where the holder did not comply with the notification provisions, including section 104. Separately, incorrect information on a file can raise issues under public interest criterion 4020, which deals with false or misleading information. Our article on Form 80 explains why consistency across every form you lodge matters.

The practical lesson is simple. A relationship problem is a legal problem for a partner visa only when it is hidden or badly explained. A partner visa change of circumstances that is reported promptly and accurately can often be managed.

Why relationship changes matter: the time of decision test

A partner visa is decided on the relationship as it stands when the Department makes its decision, not only as it stood when the application was lodged. This is why every partner visa change of circumstances involving the relationship matters so much. The criteria for each partner visa subclass are split into time of application criteria and time of decision criteria, and the relationship appears in both.

Subclass 820: time of decision

For the temporary onshore visa, clause 820.221(1) requires that, at the time of decision, the applicant either continues to meet the relationship requirement they relied on when they applied, or meets one of the special exceptions in subclause 820.221(2) (death of the sponsor) or subclause 820.221(3) (family violence or a child of the relationship). Department policy says a delegate may treat the continuing relationship as satisfied without further enquiry only if there is no evidence to the contrary, for example a withdrawal of sponsorship, and no significant time has passed since the relationship was assessed. Otherwise the delegate is expected to take reasonable steps to check that there has been no material change. Our Subclass 820 partner visa guide explains the other criteria.

Subclass 801: the permanent stage

For the permanent visa, subclause 801.221(2) is the standard provision. It requires the applicant to hold a Subclass 820 visa, to continue to be sponsored by the same sponsor and to remain in the partner relationship, and generally requires at least two years to have passed since the application was made. Subclauses 801.221(5) and 801.221(6) provide the exceptions where the sponsor has died, or the relationship has ceased and there has been family violence or there is a child of the relationship. Our article comparing Subclass 820 and Subclass 801 explains how the two stages fit together.

This means a partner visa change of circumstances can arise after the Subclass 820 visa has been granted. Many couples relax once the temporary visa arrives. They should not. The relationship is assessed again before the Subclass 801 visa is granted, and the duty to report continues while the Subclass 801 application is undecided.

Subclass 309 and Subclass 100: the offshore stages

The offshore pathway works in the same way. Subclause 100.221(2) is the standard provision for the permanent Subclass 100 visa, and requires a continuing partner relationship. Subclauses 100.221(3) and 100.221(4B) deal with the death of the sponsor, and subclauses 100.221(4) and 100.221(4C) deal with a relationship that has ceased where there has been family violence or there is a child of the relationship. For the provisional Subclass 309 visa, subclauses 309.221(2) and 309.221(3) allow some applicants who are in Australia at the time of decision to continue after the sponsor's death or a relationship breakdown, but only where specific conditions are met. Offshore couples facing a partner visa change of circumstances should get advice on which provision applies to them, because the rules depend on where the applicant was when the visa was granted.

Which relationship changes must be reported?

Any relationship change that makes an answer in the application incorrect must be reported. In practice, the following are each a partner visa change of circumstances that should be reported in writing:

• A separation, whether the couple believe it is temporary or permanent.
• A reconciliation after a separation that has already been reported.
• A decision to live apart for a significant period for work, study, caring duties or family reasons.
• A marriage between the applicant and the sponsor after the application was lodged on a de facto basis.
• A divorce, including the finalisation of a divorce from a previous partner.
• The death of the sponsor.
• The birth of a child, or a new dependent child joining the family unit.
• A dependent child leaving the household or ceasing to be dependent.
• A withdrawal of sponsorship by the sponsor.
• Family violence that has led to separation, where the applicant intends to rely on the family violence provisions.

Some of these changes are welcome and some are painful. All of them affect the facts on which the Department will decide the application. The sections that follow explain what each partner visa change of circumstances means legally and what evidence usually helps. Our guide to partner visa relationship evidence explains how the Department assesses a relationship across the four assessed aspects: financial aspects, the nature of the household, social aspects and the nature of commitment.

Separation: the most serious partner visa change of circumstances

A separation is the most serious partner visa change of circumstances, because the law only recognises a couple who live together or who are not living separately and apart on a permanent basis. For married couples this is paragraph 5F(2)(d) of the Migration Act. For de facto couples it is paragraph 5CB(2)(c). If the separation is permanent, the partner relationship no longer exists for migration purposes, and the application can only succeed under one of the exceptions explained later in this article.

The key word is "permanent". The law does not require a couple to be together every day. It requires that any separation be temporary. A couple who separate for a few weeks after an argument and then reconcile may still be in a continuing relationship. A couple who separate with no intention of resuming their life together are not.

What the Department means by separation

Department policy describes separation as a situation where either party forms the intention that the relationship is at an end and acts on that intention in a way that is inconsistent with the relationship continuing. It is enough for one person to form and act on that intention. The other person does not have to agree. This is important for applicants who are told by a sponsor that the relationship is over, even though the applicant hopes it is not.

Policy also recognises that physical separation for work or other reasons does not necessarily mean the couple have separated in law, and that a couple can be separated while still living at the same address. A couple who are "separated under one roof" need to show that they have organised their lives separately and that the links typical of a married or de facto relationship have ended. The reverse is also true: a couple living in different cities can still be in a genuine and continuing relationship.

Temporary separation and how to explain it

A temporary separation is still a partner visa change of circumstances if it changes the answers in the application, for example the couple's address or living arrangements. It should be reported with a clear explanation. Department policy states that where a couple claim a separation is not permanent, the delegate needs to consider the reasons for the separation and whether they are consistent with a mutual commitment to each other.

A good explanation of a temporary separation usually covers:

• When the couple stopped living together, and why.
• What contact they have kept, such as daily communication, visits and shared decisions.
• Which financial links continue, such as joint accounts, rent or mortgage payments and shared bills.
• Whether either person has formed a relationship with anyone else.
• What steps they are taking to resolve the issue, such as counselling or a planned return home.
• When and how they expect to live together again.

A temporary separation reported with honest detail is much easier to defend than one the Department discovers later. Our guide to preparing evidence of a genuine relationship explains which documents carry weight.

Reconciliation after a reported separation

A reconciliation is also a partner visa change of circumstances. If a couple have reported a separation and then get back together, the Department must be told again, with evidence that the relationship has resumed. This is a common situation and it is not fatal to a partner visa. The Department will look at whether the relationship is genuine and continuing at the time of decision, which includes looking at how and why the couple reconciled.

Evidence of a reconciliation usually includes a fresh joint account of the relationship, proof that the couple are living together again, renewed financial links and Form 888 declarations from people who know the couple. Each person should explain the separation and the reconciliation in their own words, and the accounts should be consistent. Our article on the partner visa relationship statement explains how the couple's account is usually structured.

The Tribunal has considered relationships with a separation and reconciliation in their history. The Partner Visa ART Remittals database records Harris (Migration) [2018] AATA 4904, where the reported issues were a genuine and continuing relationship, a separation followed by reconciliation, and a long distance relationship because of the applicant's work. It also records Mohan (Migration) [2024] AATA 813, where the issues included a long marriage, a separation, the sponsor's comparatively short other relationship, a reconciliation and the later death of the sponsor. Each case turns on its own facts, but both show that a separation in the history of a relationship does not automatically end a partner visa claim.

Living apart for work, study or family reasons

Living apart is not the same as separating, but a significant period of living apart is still a partner visa change of circumstances if it changes the answers in the application. Couples live apart for many legitimate reasons: a job in another state, fly in fly out work, study, caring for a sick parent overseas, or family obligations. None of these reasons ends the relationship in law if the separation is temporary and the commitment continues.

The Department's policy on de facto relationships refers to the Full Federal Court decision in SZOXP v Minister for Immigration and Border Protection [2015] FCAFC 69. Under that decision, a delegate cannot find that a de facto couple fail paragraph 5CB(2)(c) solely because they were not living together when the application was made or when it is decided. For married couples, the policy states that there is no fixed timeframe within which the couple must live together, but the applicant must satisfy the delegate that the separation is temporary and that they intend to live together in the future.

The Partner Visa ART Remittals database records Ryu (Migration) [2026] ARTA 840, where the reported issues included a registered relationship, a couple who first lived together and then lived separately, and time spent together at both homes. Cases like this show that the question is the nature of the commitment, not simply the address on the lease.

When reporting this kind of partner visa change of circumstances, the couple should explain the reason for living apart, the expected length, how they maintain the relationship, and which financial and household links continue. Travel records, call logs, joint expenses and evidence of visits are useful. If the applicant leaves Australia during the separation, the bridging visa and travel rules must also be checked. Our guide to partner visa bridging visas and travel and our article on bridging visas in Australia explain those issues.

Marriage after lodging as a de facto couple

Marriage after lodging is a positive partner visa change of circumstances, and it should be reported with a copy of the marriage certificate. Many couples lodge as de facto partners and then marry while the application is being processed. The application does not need to be withdrawn and lodged again. The Department continues to assess the same relationship, which is now a married relationship under section 5F.

Several points need attention when a couple marry after lodging:

• The marriage must be valid for the purposes of the Migration Act. A marriage solemnised overseas, or a religious or customary ceremony, may need closer checking.
• If either person was previously married, the earlier marriage must have been validly ended before the new marriage. A foreign divorce may raise recognition issues.
• The applicant's name may change, which is a separate change that must also be reported, with updated identity documents.
• The couple's evidence should continue to cover the whole relationship, not just the period after the wedding.

Our article on the de facto partner visa and the 12 month rule and our guide on whether you really need 12 months of de facto relationship explain the de facto requirements that applied when the application was lodged. Couples who entered on a Subclass 300 Prospective Marriage visa follow a different path, because they must marry within the visa period and then apply onshore.

Divorce as a partner visa change of circumstances

A divorce can be a partner visa change of circumstances in two different ways. The first is a divorce between the applicant and the sponsor. The second is a divorce between the applicant or sponsor and a previous partner.

A divorce between the applicant and the sponsor confirms that the relationship has ended. It must be reported. But the law does not require a divorce for a married relationship to have ceased. Department policy states that it is enough that the parties are living separately and apart on a permanent basis. A divorce usually follows separation by some time, so the relevant change to report is usually the separation itself, not the later divorce order. Where an applicant is relying on the family violence or child provisions, evidence of the date of separation is often more important than the divorce order.

A divorce from a previous partner is a different matter. A de facto applicant who was still legally married to someone else when the application was lodged can still be in a de facto relationship if they were permanently separated from the earlier spouse. When the earlier divorce is finalised, that is a change worth reporting, because it updates the answers about marital status in the application. It may also be the step that allows the couple to marry.

Birth of a child and new dependants

The birth of a child is a partner visa change of circumstances that must be reported. It is usually welcome news for the application, because a child of the relationship is strong evidence of commitment. It also has legal consequences for the family unit.

Under regulation 2.08 of the Migration Regulations 1994, a child born to a visa applicant after the application is made, but before it is decided, is generally taken to have applied for a visa of the same class at birth and to have combined their application with the parent's application. No separate visa application form is needed. Department policy is that the parent should complete Form 1022 and provide the child's birth certificate. Regulation 2.08 does not apply to adopted children, and it does not apply once the primary decision has been made.

Other changes to dependants are also a partner visa change of circumstances. A dependent child may move out, turn 18 and stop being dependent, or a new dependent child may join the household. Adding a dependent child who was not included at lodgement is subject to its own rules and timing, so advice should be taken before the Department is told. Our partner visa document checklist and our 820 partner visa evidence checklist list the documents usually needed for children.

A child of the relationship can also matter if the relationship later ends. As explained below, a parent who has custody of, or access to, a child of the relationship may still be granted the visa in some circumstances.

Death of the sponsor

The death of the sponsor is a partner visa change of circumstances that the law treats separately. The relationship ends on the death of one of the parties, but the application does not automatically fail. Subclause 820.221(2) allows the Subclass 820 visa to be granted if the applicant would have continued to be the sponsor's spouse or de facto partner had the sponsor not died, and has developed close business, cultural or personal ties in Australia. Subclause 801.221(5) provides a similar pathway for the Subclass 801 visa where the sponsor dies after the Subclass 820 visa is granted. Subclauses 100.221(3) and 100.221(4B) and subclause 309.221(2) deal with the offshore visas.

The Department will ask for a death certificate. The applicant must show that the relationship was genuine and continuing until the sponsor died, and, for the onshore visas, must show close ties in Australia. This is a sensitive situation and this article only points to the provisions. Our article on what happens if the relationship breaks down during a Subclass 820 application explains the wider position, and the Partner Visa ART Remittals database records decisions such as Poblete (Migration) [2024] AATA 129 and Shah (Migration) [2022] AATA 4494, where the issue was whether the relationship was genuine and continuing until the sponsor died.

When the relationship ends: the permanent stage exceptions

If the relationship has ended permanently and the sponsor is alive, the partner visa can only be granted if the applicant meets a specific exception. This is the point at which a partner visa change of circumstances becomes most serious. There are two exceptions besides the death of the sponsor: family violence committed by the sponsor, and a child of the relationship with custody, access or maintenance arrangements.

The family violence exception

The family violence exception applies where the applicant, or certain children, have suffered family violence committed by the sponsor. For the Subclass 820 visa it is in subparagraph 820.221(3)(b)(i). For the Subclass 801 visa it is in subparagraph 801.221(6)(c)(i). For the Subclass 100 visa it is in subparagraphs 100.221(4)(c)(i) and 100.221(4C)(c)(i). Division 1.5 of the Migration Regulations 1994 sets out how a claim of family violence is established, including judicially determined claims and claims supported by evidence of the kind specified by the Minister.

Department policy states that there is no requirement for a cause and effect link between the family violence and the end of the relationship. However, the family violence, or part of it, must have occurred while the relationship existed. The applicant must also show that the relationship was genuine until it ceased. That second point is often where these cases are won or lost. Our family violence partner visa lawyers act in these matters.

The child of the relationship exception

The child exception applies where the relationship has ended and the applicant has custody or joint custody of, or access to, a child, or has a parenting order relating to that child, and the sponsor has been granted joint custody or access, has a parenting order, or has a child maintenance obligation for that child. For the Subclass 820 visa it is in subparagraph 820.221(3)(b)(ii). For the Subclass 801 visa it is in subparagraph 801.221(6)(c)(ii). For the Subclass 100 visa it is in subparagraphs 100.221(4)(c)(ii) and 100.221(4C)(c)(ii).

Department policy explains that both parents generally have joint custody of a child unless a court order or a parent's expressed wish has changed that. The policy also states that the purpose of these provisions is to allow the parent and child relationship to continue, and to avoid a situation where an applicant feels compelled to stay in a violent relationship for fear of losing permanent residence. Parenting orders, parenting plans and evidence of the child's care arrangements can all help.

What all the exceptions have in common

Every exception requires the applicant to prove that a genuine partner relationship existed until it ended. An applicant cannot rely on family violence, a child or the death of the sponsor if the Department finds that the relationship was never genuine. This is why the way a partner visa change of circumstances is first reported matters so much. A statement that says "we were never really together" can destroy an exception that would otherwise have applied.

Applicants who meet an exception are also generally not required to wait the usual two years before the permanent visa can be granted. Subclause 801.221(7) and subclause 100.221(7) allow the permanent visa to be decided earlier in those cases.

Family violence and safety when reporting a partner visa change of circumstances

Safety comes first. A person who is experiencing family violence should not delay leaving, or contacting police or support services, because they are worried about their visa. The law contains the family violence provisions precisely so that a visa applicant does not feel forced to stay in a violent relationship. A partner visa change of circumstances arising from family violence can be reported once the applicant is safe.

Several practical points apply in these cases:

• The applicant can give the Department a safe contact address and email, separate from the sponsor's.
• Family violence includes conduct that coerces or controls a family member or causes them to be fearful, not only physical violence.
• Evidence such as court orders, police records and the evidence specified for non-judicially determined claims should be gathered as early as is safe.
• The applicant's account of the relationship before the violence matters, because the relationship must have been genuine until it ceased.

The Partner Visa ART Remittals database records several decisions on this issue. In Siyad (Migration) [2025] ARTA 2129, the reported issues were a relationship that had ceased, a genuine and continuing relationship before family violence, coercive control, and joint utility and tenancy accounts. In Ma (Migration) [2025] ARTA 148, the reported issues were that the relationship with the sponsor had ceased, the applicant was a victim of family violence, and the parties had been in a genuine and continuing relationship. In 2538577 (Migration) [2026] ARTA 1176, the issues included pooled financial resources and shared household responsibilities before family violence. Each decision shows the Tribunal examining the relationship before it ended, not only the violence.

Our family violence partner visa page explains how these claims are prepared. Same-sex couples have exactly the same protections, and our LGBTI partner visa page explains how the firm acts for them.

When the sponsor withdraws sponsorship

A sponsor can withdraw their sponsorship at any time before the visa is decided, and a withdrawal is a partner visa change of circumstances that the Department will act on. The time of decision criteria require the applicant to continue to be sponsored. Paragraph 801.221(2)(b), for example, requires the Subclass 801 applicant to continue to be sponsored by the same sponsor. Department policy for the Subclass 820 visa gives a withdrawal of sponsorship as an example of evidence that the relationship may no longer continue.

A withdrawal does not end the application on the spot. The Department will usually write to the applicant and invite comment before deciding. This is the applicant's opportunity to explain whether the relationship has in fact ended and whether an exception applies. If the sponsor withdrew because of a dispute, the couple may still be together. If the relationship has ended and there was family violence or there is a child of the relationship, the exceptions may still allow grant.

The Partner Visa ART Remittals database records decisions where sponsorship was withdrawn. Phan (Migration) [2020] AATA 513 involved a relationship that had ceased, a withdrawn sponsorship and a child of the relationship, with biological parentage confirmed. Rafique (Migration) [2020] AATA 1827 involved a withdrawal of sponsorship, a relationship that had ceased, a child of that relationship and a valid marriage. Haikin (Migration) [2019] AATA 3241 involved a withdrawn sponsorship, a relationship that had ceased and a claim that the applicant was a victim of family violence. These decisions show why a withdrawal of sponsorship should be answered with advice, not panic.

Some sponsors also face their own limits on sponsoring again in the future. Our article on when a sponsor cannot sponsor a partner visa and our sponsorship limitations service explain those rules.

How to tell the Department about a partner visa change of circumstances

The usual way to report a partner visa change of circumstances is to lodge Form 1022, Notification of changes in circumstances, together with a written statement and supporting documents. For applications lodged online, notifications are usually given through ImmiAccount using the update function for the application. Our guide to creating an ImmiAccount explains account access, and our article on Form 1022 change of circumstances explains the form in detail.

If an answer in the application was wrong from the start, rather than becoming wrong later, a different notification is involved. That is a correction of an incorrect answer, not a partner visa change of circumstances, and it should be handled with advice because it can raise questions about the accuracy of the original application.

If a representative acts for the applicant, the representative can lodge the notification. Our article on Form 956 and 956A explains how a representative is appointed, and our guide to hiring an immigration lawyer after lodging your own application explains how a lawyer can step in mid-application.

Timing and wording of a notification

The timing and wording of a notification matter as much as the decision to report. On the question of partner visa change of circumstances, the written statement becomes part of the Department's file. It may be read by a case officer, put to the applicant in a natural justice letter and read again by the Administrative Review Tribunal. Careless wording written in a moment of distress can cause lasting harm.

Timing

Report the change once it is clear and the applicant is safe. A separation that is a single night apart after an argument may not yet be a change in the answers. A separation where one person has moved out with their belongings is. Where the position is unclear, advice should be taken quickly, because the "as soon as practicable" standard does not allow a long wait.

Wording

A good statement for a partner visa change of circumstances is short, factual and accurate. It usually states:

• What has changed and the date it happened.
• Where the applicant now lives and how to contact them.
• Whether the change is temporary or permanent, as far as the applicant knows.
• Any children affected, and the current care arrangements.
• Whether the applicant intends to rely on a legal exception, such as family violence or a child of the relationship.

A statement should not speculate about the sponsor's motives, exaggerate, or describe the relationship as fake or one-sided when it was not. It should not concede facts the applicant does not know to be true. Where the sponsor has made allegations, the applicant should respond to them calmly and with evidence. Our article on Form 888 for partner visas and our guide to Form 888 example answers explain how supporting witnesses can help.

What happens after you report a partner visa change of circumstances?

After a partner visa change of circumstances is reported, the Department may ask for more information, invite the applicant to comment on adverse information, or decide the application. Which of those happens depends on the change and the evidence already on file.

Requests for more information under section 56

Section 56 of the Migration Act allows the Department to ask for further information before deciding. After a separation or reconciliation, a request may ask for current evidence of the relationship, the living arrangements or the care of children. Our guide to responding to a section 56 request explains how to respond.

Natural justice letters under section 57

Section 57 requires the Department, in an onshore application that can be reviewed, to give the applicant particulars of relevant adverse information and invite comment before refusing. A sponsor's statement that the relationship has ended is often put to the applicant this way. The response is frequently the last chance to raise an exception before a decision. Our article on the section 57 natural justice letter for a partner visa explains how to answer one.

Refusal and review rights

If the Department is not satisfied that the relationship continues, and no exception applies, the application will be refused. A refusal of a Subclass 820 and Subclass 801 application is usually reviewable by the Administrative Review Tribunal. Review deadlines are short and strictly applied, so the refusal letter must be read on the day it arrives. Our guides to partner visa refused appeal options, what to expect at an ART review and why partner visas get refused explain the next steps. Our partner visa refusals service and our visa appeal lawyer guide explain how the firm acts at review. Our article on the most common reasons Subclass 820 visas are refused covers the issues that come up most often.

The Tribunal decides the case on the facts at the time of its own decision. A partner visa change of circumstances that happens during the review, such as a reconciliation or the birth of a child, should be put before the Tribunal. In the Partner Visa ART Remittals database, Sharma (Migration) [2025] ARTA 2909 and 2003862 (Migration) [2024] AATA 1792 both record that the parties had divorced and that the issue was whether the relationship was genuine and continuing before family violence. A divorce did not end the inquiry. The question was what the relationship had been before it ceased.

If a refusal leads to a later application, our guide to a partner visa after a visa refusal explains the options. Applicants who no longer hold a substantive visa should also read our guides to Schedule 3 criteria and the Schedule 3 waiver service.

Bridging visas while the change is assessed

A partner visa change of circumstances does not cancel the applicant's bridging visa. The bridging visa continues while the application is undecided, and after a refusal it continues for a limited time, or longer if a valid review is lodged. Our article on work rights on a Bridging visa A for Subclass 820 applicants and our guide to the Bridging visa A explain the position.

Common mistakes with a partner visa change of circumstances

The most common mistakes with a partner visa change of circumstances come from silence, haste or saying too much. They include:

• Not reporting a separation and hoping the couple reconcile before the Department notices.
• Reporting a short argument as a permanent separation, and then having to explain a reconciliation that the statement said was impossible.
• Writing a statement that says the relationship was never genuine, which removes any family violence or child exception.
• Assuming the sponsor's email to the Department covers the applicant's own duty.
• Forgetting that the duty continues after the Subclass 820 visa is granted and until the Subclass 801 visa is decided.
• Not reporting a marriage, a name change or the birth of a child.
• Ignoring a section 57 letter after the sponsor withdraws.
• Missing the review deadline after a refusal.

Every one of these mistakes can be avoided with early advice. Where a change is urgent, our article on urgent immigration lawyer advice explains what to prepare, and our guide to a second opinion from an immigration lawyer explains how an existing file is reviewed. Our article on when you need an immigration lawyer for a partner visa, our partner visa lawyer guide, our factual comparison of a partner visa lawyer and doing it yourself and our article on a partner visa migration agent or lawyer can help you decide what kind of help suits you. Our guide to booking an immigration lawyer consultation explains what to bring.

Where My Migration Lawyers acts on partner visa matters

My Migration Lawyers acts for couples and applicants across Australia, with consultations by video. Our local partner visa pages cover Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Where a relationship change sits alongside a cancellation or another visa issue, our visa cancellations and visa refusals practices may also be relevant. Couples comparing representatives may find our guide on how to choose a partner visa lawyer in Australia useful. More 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 change of circumstances

My Migration Lawyers acts in many partner visa matters where a partner visa change of circumstances is the central issue, and many of those matters are complex. They include separations that may or may not be permanent, reconciliations after a reported separation, couples living apart for long periods, sponsors who have withdrawn sponsorship, applicants relying on the family violence provisions, parents relying on the child of the relationship provisions, and applicants whose sponsor has died. The firm deals with complex cases as a regular part of its partner visa practice and is capable of handling them.

When a relationship changes, the firm first establishes the facts: what changed, when, whether it is temporary or permanent, which stage the application has reached and which time of decision criteria now apply. The firm then advises the applicant in writing on the legal consequences, including whether any exception under clause 820.221, clause 801.221 or clause 100.221 is available.

The firm prepares the notification, settles the written statement so that it is accurate and does not concede facts that are not true, and lodges it with the supporting evidence. Where a sponsor has withdrawn sponsorship or made allegations, the firm responds to any section 56 request or section 57 letter, presenting the applicant's own account and evidence in the form the law requires. Where family violence is involved, the firm advises on the evidence required under Division 1.5 and keeps the applicant's safety and contact details protected. Where the matter is refused, the firm acts at the Administrative Review Tribunal.

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 relationship has changed and you are unsure what to tell the Department, get advice on your partner visa change of circumstances before you write anything. Book a consultation or call 1300 040 300.