Partner Visa Relationship Breakdown

A partner visa relationship breakdown happens when the relationship between the applicant and the Australian sponsor ends while the partner visa is still being processed. In most cases, a partner visa relationship breakdown means the visa will be refused. The law contains three exceptions that allow the visa to be granted even though the relationship has ended.

Those exceptions apply where the sponsor has died, where the applicant or a dependent child suffered family violence committed by the sponsor, or where there is a child of the sponsor for whom the applicant has custody, access or Family Law Act orders, or for whom the sponsor must pay child maintenance. A partner visa relationship breakdown that does not fit one of these exceptions leaves the applicant needing another visa option. That is why the first question after a separation is not "what do we tell the Department?" but "does any exception apply, and can we prove it?"

This guide explains what happens after a partner visa relationship breakdown at each stage of the process: before the temporary Subclass 820 visa is granted, after the Subclass 820 visa is granted but before the permanent Subclass 801 visa is decided, and in the offshore Subclass 309 visa and Subclass 100 process. It covers the duty to tell the Department, a sponsor who withdraws the sponsorship, each exception, the proof that the relationship was genuine until it ended, the bridging visa, review rights, and the options that remain if no exception applies. For an overview of every partner visa stream, see our complete guide to partner visas in Australia.

What happens to a partner visa when the relationship breaks down?

When the relationship breaks down before the partner visa is granted, the Department will generally refuse the visa, because the applicant no longer meets the requirement to be the spouse or de facto partner of the sponsor. The application does not end automatically. It remains on foot until the Department decides it, and the Department decides it on the facts at the time of decision.

A partner visa is granted because the applicant is in a genuine and continuing relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen who sponsors them. A spouse relationship is assessed under section 5F of the Migration Act 1958 and regulation 1.15A of the Migration Regulations 1994. A de facto relationship is assessed under section 5CB of the Act and regulation 1.09A. Both require a mutual commitment to a shared life together to the exclusion of all others, a genuine and continuing relationship, and that the couple live together or do not live separately and apart on a permanent basis. When the relationship has ended, those requirements are no longer met.

The exceptions in the Regulations are the only way around that result. They do not ask whether the relationship is continuing. They ask a different question: was the relationship genuine until it ended, and does one of the prescribed circumstances apply? A partner visa relationship breakdown therefore changes the whole focus of the application, from proving the present relationship to proving the past relationship and the circumstances of the separation.

Our earlier article on what happens to a Subclass 820 application if the relationship breaks down gives a short overview of the temporary stage. This guide goes further and covers both stages, the evidence and the practical decisions that follow a separation.

Partner visa relationship breakdown at each stage of the process

The effect of a partner visa relationship breakdown depends on the stage the application has reached. The same three exceptions are available at each onshore stage, but the provision that applies, the visa the applicant holds and the consequences of refusal are different.

Breakdown before the Subclass 820 visa is granted

Before the temporary visa is granted, the applicant usually holds a bridging visa linked to the combined Subclass 820 and Subclass 801 application. If the relationship ends at this point, clause 820.221 allows the Subclass 820 visa to be granted only if the sponsor has died and the conditions in subclause 820.221(2) are met, or if the conditions in subclause 820.221(3) are met because of family violence or a child of the sponsor. If none applies, the Subclass 820 visa will be refused. Our Subclass 820 partner visa guide explains the ordinary criteria that apply when the relationship is continuing.

Breakdown after the Subclass 820 visa is granted but before the Subclass 801 visa

After the Subclass 820 visa is granted, the applicant holds a temporary partner visa while the permanent stage is pending. Eligibility for the Subclass 801 visa is ordinarily assessed later, when the Department asks for updated evidence that the relationship is continuing. If the relationship ends during this period, subclause 801.221(5) allows the permanent visa to be granted where the sponsor has died, and subclause 801.221(6) allows it where family violence or a child of the sponsor is established. Where one of these provisions applies, the applicant does not need to wait for the usual assessment point before the Subclass 801 visa is decided. Our guide to the difference between the Subclass 820 and Subclass 801 stages explains how the two stages fit together.

A partner visa relationship breakdown at this stage is often more stressful, because the applicant has usually built a life, a job and a home in Australia on the temporary visa. The law does not protect that life by itself. If no exception applies, the Subclass 801 visa will be refused.

Offshore Subclass 309 and Subclass 100 applications

The offshore partner visa is also a two-stage visa: the temporary Subclass 309 visa and the permanent Subclass 100 visa. A partner visa relationship breakdown in the offshore process generally leads to refusal in the same way, and the offshore criteria contain their own limited provisions for the death of the sponsor, family violence and children, which must be checked on the precise clause and the applicant's location. In offshore matters, the Australian sponsor is usually the person who engaged the lawyer, and the sponsor is also the person who has review rights if a Subclass 309 visa is refused. Where the relationship has ended, those arrangements change, and advice is needed on who can act and what remains possible.

Has the relationship actually ended?

No, a separation does not always mean the relationship has ended for visa purposes. The legal test asks whether the couple are living separately and apart on a permanent basis, not whether they have argued, spent time apart or lived in different places for a period. Before anyone tells the Department that the relationship is over, the facts should be checked against that test.

Temporary separation is not a partner visa relationship breakdown

Many genuine couples live apart for part of their relationship. One partner may work interstate or in a mining town, care for a sick parent overseas, study in another city, or be unable to travel because of a visa or health issue. A period of living apart for reasons like these is not a partner visa relationship breakdown if the couple remain committed to a shared life and intend to live together again. The evidence should show why they are apart, how they stay in contact, how they support each other and when they expect to live together again.

In Ryu (Migration) [2026] ARTA 840, a Subclass 820 matter, the recorded issue was that the couple resided together first and then lived separately. The Tribunal remitted the matter to the Department for reconsideration. The decision illustrates that a period of living separately is not, by itself, the end of the question. The reasons for living apart and the continuing commitment are what matter.

Separation under one roof

Some couples separate but continue to live in the same home, often because of finances, children or a lease. This is called separation under one roof. For visa purposes, living at the same address does not prove the relationship is continuing. If the couple no longer share a life together, the relationship may have ended even though they share a house. The opposite can also be true: a couple going through a difficult period while still living together may not have separated at all. Each situation turns on the facts, and the Department will look at the four aspects of the relationship as they stand at the time of decision.

Reconciliation after a separation

Couples sometimes separate and then reconcile. If the Department has already been told about the separation, the reconciliation should also be notified, and evidence that the relationship has resumed should be provided. The Department will want to understand why the couple separated, when they reconciled, and what shows that the relationship is now genuine and continuing. A reconciliation that happens shortly before a decision, without supporting evidence, may be viewed with caution. Our guide to partner visa relationship evidence explains the evidence the Department looks for across the four aspects.

Do you have to tell the Department about a partner visa relationship breakdown?

Yes, the applicant must tell the Department about a partner visa relationship breakdown. Section 104 of the Migration Act 1958 requires an applicant to notify the Department of a change in circumstances that makes an answer in their application incorrect, and the end of the relationship is such a change. The notification is generally made using Form 1022.

The obligation belongs to the applicant. It continues while the application is being processed, including after the Subclass 820 visa is granted and while the Subclass 801 stage is pending. Our guide to Form 1022 and when to lodge it explains how the form works.

Why the notification needs care

The notification is evidence. What it says about the date of separation, the reasons for it and the state of the relationship will be read alongside everything else on the file. A notification that simply says "we have separated", lodged in a moment of distress, may later be used to decide when the relationship ended and whether an exception applies. A notification that understates or misstates the facts can raise questions about the accuracy of information given to the Department.

The applicant should not delay notifying the Department, and should not hide the separation. Concealing a partner visa relationship breakdown can create serious integrity problems under public interest criterion 4020, which deals with false or misleading information. The right approach is to obtain advice quickly, work out the accurate facts and dates, assess any exception, and then notify the Department in terms that are complete and correct.

The sponsor may also contact the Department

The sponsor is not bound by the same notification duty, but sponsors often contact the Department after a separation. A sponsor may write to say the relationship has ended, may give their own account of the reasons, or may withdraw the sponsorship. The applicant may not know what the sponsor has said until the Department raises it. That is another reason to get advice early, before the Department forms a view on information from only one side.

What happens when the sponsor withdraws the sponsorship?

When the sponsor withdraws the sponsorship before the visa is decided, the applicant will generally no longer meet the sponsorship requirement, and the visa will be refused unless one of the exceptions applies. The family violence and child provisions are designed for exactly the situation where the sponsor is no longer supporting the application.

A withdrawal of sponsorship is often the first sign an applicant has that the Department knows about a partner visa relationship breakdown. The Department will usually invite the applicant to comment before it refuses, particularly where the sponsor's information is adverse to the applicant. That invitation is commonly given under section 57 of the Act. Our guide to responding to a section 57 natural justice letter explains the process. The applicant's response is the opportunity to put forward an exception, correct inaccurate information from the sponsor, and provide evidence that the relationship was genuine until it ended.

A sponsor who wants to sponsor a different partner in the future may also face partner visa sponsorship limitations under regulation 1.20J. Those rules affect the sponsor, not the applicant's current application, but they explain why some sponsors take formal steps soon after separation.

Where our partner visa relationship breakdown clients are located

My Migration Lawyers acts in partner visa relationship breakdown matters throughout Australia, and every consultation is conducted by video. Applicants in New South Wales can read about our partner visa lawyers in Sydney and our partner visa lawyers in Parramatta. Applicants in Victoria and Queensland can read about our partner visa lawyers in Melbourne, Brisbane and the Gold Coast. We also act through our partner visa lawyers in Perth, Adelaide, Canberra and Hobart. The rules on a partner visa relationship breakdown are the same in every state and territory. A video consultation also allows an applicant who has left the shared home to obtain advice privately, from wherever they are now living.

The exceptions that allow a visa after a partner visa relationship breakdown

Three exceptions allow a partner visa to be granted after a partner visa relationship breakdown: the death of the sponsor, family violence committed by the sponsor, and a child of the sponsor for whom the applicant has custody, access or Family Law Act orders or for whom the sponsor has child maintenance obligations. At the Subclass 820 stage they are in subclauses 820.221(2) and 820.221(3). At the Subclass 801 stage they are in subclauses 801.221(5) and 801.221(6).

Each exception has its own elements, and each must be proved with evidence. There is also one requirement common to all of them: the relationship must have been genuine until it ended. For a married couple, the decision maker applies section 5F and regulation 1.15A. For a de facto couple, the decision maker applies section 5CB and regulation 1.09A. An applicant cannot use an exception to obtain a visa from a relationship that was never genuine, or that had already ended before the event relied on.

A common misconception is that a partner visa relationship breakdown can be overcome simply by showing that the applicant has lived in Australia for a long time, works here, or would suffer hardship if refused. Those matters do not create an exception. Length of stay, employment and hardship may be relevant to other visa options, but they do not satisfy clause 820.221 or clause 801.221 on their own.

When the sponsor has died

Yes, a partner visa can still be granted after the sponsor dies, if the applicant shows that the relationship was genuine until the sponsor's death, that the applicant would have continued the relationship had the sponsor not died, and that the applicant has close business, cultural or personal ties in Australia. At the Subclass 820 stage this is subclause 820.221(2). At the Subclass 801 stage it is subclause 801.221(5).

The death of a partner is not a partner visa relationship breakdown in the ordinary sense, but the law treats it in the same part of the criteria because the relationship has ended. The applicant is usually grieving and may also be dealing with the sponsor's family, the estate and the loss of income. The visa issue still needs prompt attention, because the Department must be told of the death and the applicant must prove each element.

Proving the applicant would have continued the relationship

The decision maker looks at the relationship up to the date of death. Evidence that the couple were living together, sharing finances, planning their future and supporting each other through any illness is central. Where the sponsor was ill before death, evidence of the applicant's role as a carer, hospital visits and involvement in medical decisions can be powerful.

Close business, cultural or personal ties in Australia

The applicant must also show close ties to Australia. These can include employment or a business, a home, community and religious involvement, friendships, ties to the sponsor's family, and children in Australia. Form 888 statements from Australian citizens or permanent residents who know the applicant can support these ties. Our guide to Form 888 and what it should say explains who can make one.

Tribunal decisions involving the death of the sponsor

Several Tribunal decisions involve this provision. In 2215861 (MIGRATION) [2025] ARTA 2923, the recorded issue was that the sponsor was deceased, and the Tribunal remitted the matter to the Department for reconsideration. In 1914124 (MIGRATION) [2023] AATA 3931, the recorded issues were the sponsor's death and the applicant's close business, cultural or personal ties, and the matter was remitted. In Goco (Migration) [2025] ARTA 430, the recorded issues were that the sponsor was deceased, that a new relationship had been registered, and that there was an Australian citizen child, and the matter was remitted. Each decision turned on its own facts. Together they show that the death of the sponsor provision is actively applied on review, and that the applicant's later circumstances, including a new relationship, may be examined.

Family violence after a partner visa relationship breakdown

Yes, a partner visa can be granted after a partner visa relationship breakdown if the applicant, or a dependent child, suffered family violence committed by the sponsor, and the relationship was genuine until it ended. The family violence provisions are found in subclauses 820.221(3) and 801.221(6), and the rules about how family violence is established are in Division 1.5 of Part 1 of the Migration Regulations 1994, regulations 1.21 to 1.27.

If you are in danger now, call 000.

Family violence is broader than physical assault. It includes conduct that causes a person to reasonably fear for, or be apprehensive about, their wellbeing or safety, which can include coercive control, threats, financial control and isolation from family and friends. The violence, or part of it, must have occurred while the relationship existed. Orders made after the separation can be relied on if part of the violence occurred during the relationship.

Judicially determined and non-judicially determined claims

A family violence claim is either judicially determined or non-judicially determined. A judicially determined claim relies on evidence from a court, such as an injunction under the Family Law Act, a final protection or intervention order made after the alleged perpetrator had the opportunity to respond, or a conviction or finding of guilt for an offence involving violence against the applicant. Interim orders made without the other party (ex parte orders) and bail orders are not accepted as judicial evidence.

A non-judicially determined claim relies on either a joint undertaking given to a court, or a statutory declaration made by the applicant together with prescribed evidence from competent people, such as medical practitioners, psychologists, social workers or police, acting in their professional capacity. If the Department is not satisfied that the violence occurred on a non-judicial claim, it must refer the claim to an independent expert, whose opinion is taken to be correct. Judicially determined evidence takes precedence and is not referred.

The issue most often contested

Even where the family violence is established, the decision maker must still be satisfied that the relationship was genuine until it ended. On review, that is frequently the contested issue in family violence matters. Our page on family violence partner visa lawyers explains how My Migration Lawyers presents these claims, and that page should be read by any applicant whose partner visa relationship breakdown involved violence or coercive control.

A child of the sponsor: custody, access and child maintenance

Yes, a partner visa can be granted after a partner visa relationship breakdown where there is a child of the sponsor and the applicant has custody, joint custody or access, or has orders under the Family Law Act 1975 for that child, or the sponsor has obligations to pay child maintenance for the child. The relationship must also have been genuine until it ended. At the Subclass 820 stage this is subclause 820.221(3). At the Subclass 801 stage it is subclause 801.221(6).

This exception recognises the applicant's continuing role in the life of the sponsor's child, which is usually a child the couple had together. In a partner visa relationship breakdown involving children, it is often the first exception to examine.

Evidence for the child provision

The evidence usually includes the child's birth certificate, parenting orders or consent orders, a parenting plan, or evidence of the child support assessment. Where orders have not yet been made, the evidence must still show the applicant's actual custody, care or access arrangements. School and childcare records, medical records and evidence of day-to-day care help to show the applicant's role in the child's life. Where parentage is in question, further evidence may be needed.

Tribunal decisions involving a child

In Dau (Migration) [2025] ARTA 921, the recorded issues were that the relationship had ceased, that there was a child of the relationship, and whether the relationship had been genuine and continuing. The Tribunal remitted the matter to the Department for reconsideration. In 2218391 (MIGRATION) [2026] ARTA 1681, the recorded issues were that the relationship had ceased, that there was a child, and that there was a domestic violence protection order, and the matter was remitted. The second decision shows that more than one exception can be relevant in the same partner visa relationship breakdown matter, and that the evidence for each should be prepared.

Proving the relationship was genuine before a partner visa relationship breakdown

To use any exception after a partner visa relationship breakdown, the applicant must prove that the relationship was genuine and continuing up to the time it ended. This is assessed using the same four aspects that apply to every partner visa: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the persons' commitment to each other.

The difference is the time period. The decision maker is looking backwards. Evidence that the relationship existed at lodgement, and continued until the separation or the sponsor's death, is the core of the case. A partner visa relationship breakdown does not prove the relationship was never genuine, and the applicant should not accept a suggestion that it does.

Financial aspects

Joint bank accounts, shared bills, a joint lease or mortgage, shared purchases, transfers of money between the partners and joint financial commitments all help. In Bui (Migration) [2022] AATA 3311, the recorded issues were that the relationship had ceased, a joint business, and the pooling of finances, and the Tribunal remitted the matter to the Department for reconsideration. A shared business or pooled income can be strong evidence of a genuine relationship before the breakdown.

Nature of the household

Evidence of living together, sharing household tasks, caring for children together and the arrangements for the home is relevant. Lease agreements, correspondence to the shared address and the couple's account of how they ran the household all assist. Our guide to preparing evidence of a genuine relationship explains the documents that best show a shared household.

Social aspects

Evidence that the couple were known as a couple by family and friends, attended events together, travelled together and presented themselves as partners socially is relevant. Form 888 statements from Australian citizens or permanent residents who knew the couple can describe the relationship before it ended. Our article on Form 888 example answers and common mistakes explains how those statements should be written.

Nature of the commitment

Evidence of the couple's commitment includes the length of the relationship, their plans for the future, the care and support they gave each other, and their knowledge of each other's circumstances. In Yesuah (Migration) [2023] AATA 4624, the recorded issues were that the relationship had ceased, and the companionship and emotional support given before cessation. The Tribunal remitted the matter to the Department for reconsideration. Emotional support, companionship and care during illness or difficult periods are legitimate evidence of commitment.

The relationship statement after a breakdown

There is one relationship statement in a partner visa application. After a partner visa relationship breakdown, the applicant usually needs to provide an updated account of the relationship, covering how it developed, how the couple lived, when and why it ended, and the facts relied on for the exception. The account is the applicant's own, in their own words, and it must be consistent with the earlier relationship statement and every document already on the file. Our guide to the partner visa relationship statement explains its structure.

What the Department does after a partner visa relationship breakdown

After a partner visa relationship breakdown is notified, the Department will usually ask for more information, invite the applicant to comment on any adverse information, and then decide whether an exception applies. If no exception is made out, the visa will be refused.

Requests for information

The Department may issue a request for information under section 56 of the Act. It may ask for evidence of the separation date, the reasons for the separation, the family violence claim, the child arrangements or the sponsor's death. Requests have a deadline for response, and the decision may be made without the information if the deadline passes. Our article on responding to a section 56 request for more information explains how to respond.

Adverse information from the sponsor

Where the sponsor has given information that is adverse to the applicant, such as an allegation that the relationship was never genuine, the Department will generally put that information to the applicant for comment before relying on it. The response should deal with each allegation directly, with evidence. An unanswered allegation may be accepted as correct.

The decision

The decision record will state whether the delegate was satisfied that an exception applied and that the relationship was genuine until it ended. If the visa is refused, the decision letter will explain the review rights and the time limit for seeking review. Our guide to partner visa refusals explains how My Migration Lawyers approaches a refusal, and our article on why partner visas get refused explains the most common grounds.

Bridging visas and the Subclass 820 visa after a refusal

A partner visa relationship breakdown does not immediately end the applicant's right to remain in Australia. An applicant on a Bridging Visa A linked to the partner visa application generally remains lawful while the application is being decided, and generally keeps a bridging visa while a valid application for review of a refusal is pending.

If the visa is refused and no review application is made, the bridging visa ends after the review period, and the applicant must then hold another visa or leave Australia. A person who stays without a visa becomes unlawful. Our guides to bridging visas in Australia and the Bridging Visa A explain how those visas work.

The Subclass 820 visa while the Subclass 801 is decided

A Subclass 820 holder whose relationship ends generally keeps the Subclass 820 visa until the Subclass 801 application is finally determined, including any review. If the Subclass 801 visa is refused and that refusal becomes final, the Subclass 820 visa ends. A Subclass 820 holder whose Subclass 801 visa is refused cannot simply lodge another partner visa application straight away to keep the process alive, because Schedule 1 item 1124B(3)(d) prevents that.

Travel after a partner visa relationship breakdown

A Bridging Visa A does not allow the holder to return to Australia after travelling. An applicant who wants to travel needs a Bridging Visa B before leaving. After a partner visa relationship breakdown, travel should be planned with care, because leaving Australia may affect the evidence of ties to Australia, the bridging visa position and the ability to return. Our article on working while waiting for a Subclass 820 visa explains the work rights attached to the Bridging Visa A.

Section 48 after a refusal

A person who is refused a visa in Australia, and who does not hold a substantive visa, is generally affected by section 48 of the Migration Act. Section 48 limits the visas the person can apply for while they remain in Australia. Our article on applying for a partner visa after a visa refusal explains how section 48 operates.

Can you seek ART review of a refusal after a partner visa relationship breakdown?

Yes, a refusal of an onshore Subclass 820 or Subclass 801 visa after a partner visa relationship breakdown is generally reviewable by the Administrative Review Tribunal. The applicant in Australia makes the review application. The deadline is short and strictly applied, runs from notification of the decision, and cannot be extended. The Tribunal has no power to accept a late application.

Review is worth considering where the Department wrongly found that the relationship had ended, wrongly found that it was not genuine before it ended, did not properly consider an exception, or decided without evidence that is now available. The Tribunal decides on the evidence before it at the time of its decision, so new evidence can be given on review. The Tribunal can affirm the decision, set it aside and substitute a new decision, or remit the matter to the Department for reconsideration, often with a direction that a particular criterion is met. The Tribunal decisions referred to in this guide were all remittals to the Department for reconsideration.

Our visa refusals page explains Tribunal review, and our articles on what to expect in an ART review after a visa refusal, on partner visa refusal appeal options and on when you need a visa appeal lawyer explain the process.

Offshore refusals and review

For an offshore Subclass 309 refusal, review is sought by the Australian sponsor. After a partner visa relationship breakdown, the former sponsor is often unwilling to do so. Where a Subclass 309 holder is outside Australia when the Subclass 100 visa is refused, there is no merits review. These limits make it important to get advice before an offshore decision is made.

Judicial review

If the Tribunal affirms the refusal, review may be available in the Federal Circuit and Family Court of Australia, but only for jurisdictional error, not on the merits. Time limits apply. Our judicial review page explains when that step may be available.

Starting a new relationship after a partner visa relationship breakdown

A new relationship does not rescue an existing partner visa application, because the application is tied to the original sponsor. The new partner cannot simply be substituted. A new relationship may lead to a new partner visa application in future, but the applicant's immigration history then becomes critical.

The onshore application bar after a partner visa refusal

If the applicant is refused a partner visa in Australia and does not hold a substantive visa, section 48 applies. The Partner class remains available to section 48 affected applicants, but Schedule 1 item 1124B(3)(e) adds validity requirements. One of them is that the applicant must not have been refused a partner visa since last entering Australia. That means a person refused a partner visa after a partner visa relationship breakdown generally cannot lodge a new onshore partner visa with a new partner while they remain in Australia. Leaving and returning on a bridging visa does not reset this.

Where a section 48 affected applicant has not been refused a partner visa, the extra requirements include lodging the sponsor's completed sponsorship form with the application and two statutory declarations from Australian citizens, permanent residents or eligible New Zealand citizens, other than the partner, declaring that the couple are in a married or de facto relationship. Missing any of these makes the application invalid.

Schedule 3 and the de facto requirement

An applicant who does not hold a substantive visa when lodging a new application must also meet Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied that there are compelling reasons for not applying those criteria. Our pages on the Schedule 3 waiver, the Schedule 3 criteria and the Schedule 3 partner visa waiver explain those rules. A new de facto relationship may also need to meet the 12-month requirement unless an exception applies. Our guides on the de facto partner visa and the 12-month rule and on whether you really need 12 months of de facto relationship explain the position.

A new relationship and the death of the sponsor provision

A new relationship can also affect an existing exception claim. Under the death of the sponsor provision, the applicant must show they would have continued the relationship had the sponsor not died. A new relationship formed after the death does not automatically defeat that claim, but it will be examined. The recorded issues in Goco (Migration) [2025] ARTA 430, described above, included a new relationship registered after the sponsor's death.

Other visa options after a partner visa relationship breakdown

If no exception applies, the applicant needs to consider other visas. The available options depend on the applicant's age, qualifications, occupation, employer, family in Australia, current visa and immigration history. They may include a skilled, employer-sponsored, student or other family visa, either in Australia if section 48 and visa conditions allow it, or from outside Australia.

These options are assessed on the individual facts, and some must be lodged before the bridging visa ends. Our immigration lawyers in Sydney, Parramatta, Melbourne, Brisbane, Gold Coast, Perth, Adelaide, Canberra and Hobart advise on the wider range of visas. A person whose visa has been cancelled, rather than refused, should read our page on visa cancellations.

Common mistakes after a partner visa relationship breakdown

The most common mistakes after a partner visa relationship breakdown are acting before getting advice, and failing to gather evidence of the relationship while it is still available. Each of the following mistakes can damage an otherwise strong claim:

• Accepting a suggestion that the relationship was never genuine, when it was genuine until it ended.
• Not notifying the Department, or giving a separation date that does not match the evidence.
• Assuming that hardship, a job or a long stay in Australia creates an exception.
• Relying on an interim or ex parte order as judicial evidence of family violence.
• Leaving Australia without a Bridging Visa B, or without considering the effect on the application.
• Lodging a new partner visa with a new partner without checking section 48 and item 1124B.
• Missing the deadline in a section 56 request, a section 57 invitation, or the Tribunal review period.
• Losing access to joint records, photographs and messages that prove the relationship before the separation.

Applicants who lodged their application without a lawyer and now face a separation can read our guide to hiring an immigration lawyer after lodging your own application. Those who already have a representative but want a fresh view can read about getting a second opinion from an immigration lawyer or how to change your immigration lawyer. Where time is short, our guide to urgent immigration lawyer advice explains what to have ready.

Choosing a lawyer for a partner visa relationship breakdown

A partner visa relationship breakdown is a legal problem with strict tests, evidence rules and deadlines, and the choices made in the first weeks after a separation often decide the outcome. Our article on when you need an immigration lawyer for a partner visa explains when professional help is worth considering, and our guide to the partner visa lawyer vs doing it yourself question sets out the risks of handling a breakdown alone. Our article on whether to use a migration agent or a lawyer for a partner visa explains the practical differences.

Those comparing firms can read our guides to choosing a partner visa lawyer in Australia, and, by city, choosing a partner visa lawyer in Sydney, Melbourne, Brisbane or Perth. Where My Migration Lawyers is engaged, the firm is appointed through Form 956, and our article on Form 956 and 956A explains how that appointment works.

How My Migration Lawyers handles partner visa relationship breakdown matters

My Migration Lawyers deals with complex partner visa matters and acts in many partner visa relationship breakdown matters, at both the Subclass 820 and Subclass 801 stages. The firm is capable of handling cases involving the death of a sponsor, family violence, children of the relationship, withdrawn sponsorships, disputed separation dates and refusals on review. Its approach is to establish the facts and the applicable exception first, and only then to notify the Department in complete and accurate terms.

In practice, the firm's work on a partner visa relationship breakdown matter includes:

• Reviewing the full Department file position, the applicant's visa history and the stage the application has reached, so that the correct provision in clause 820.221 or clause 801.221 is identified.
• Advising whether the relationship has ended for visa purposes, or whether the facts show a temporary separation, separation under one roof or a reconciliation.
• Preparing the Form 1022 notification so that the date and circumstances of the separation are stated accurately and consistently with the evidence.
• Assembling the evidence that the relationship was genuine until it ended across the four aspects, and helping the applicant present their own updated account of the relationship.
• Preparing the evidence for the exception relied on, including the sponsor's death and the applicant's ties to Australia, the family violence evidence under Division 1.5, or the custody, access, orders or child maintenance evidence.
• Responding to section 56 requests and section 57 invitations, including adverse information given by the former sponsor.
• Advising on the bridging visa, travel, section 48, Tribunal review of a refusal, and other visa options where no exception applies.

The firm is led by Weiwei Zhang, Principal Lawyer. Information about the firm's partner visa practice is on our partner visa lawyers page, information about refusals is on our partner visa refusals page, information about family violence claims is on our family violence partner visa page, and more about the firm is on our about page. Consultations are conducted by video, so applicants can obtain advice privately wherever they are in Australia.

If your relationship has ended while your partner visa is pending, or you are unsure whether a separation amounts to a partner visa relationship breakdown, book a consultation online or call 1300 040 300.