What Happens If We Break Up During the Partner Visa Process?

What happens if we break up before the temporary partner visa is granted?

If a couple breaks up before the temporary partner visa is granted, the Subclass 820 or Subclass 309 will usually be refused, because the relationship is no longer continuing at the time of decision. The exceptions are family violence by the sponsor, a child of the relationship in the circumstances the regulations describe, and the sponsor's death. Our article on Subclass 820 relationship breakdown explains the onshore position in detail.

What happens if we break up after the temporary visa but before permanent residence?

If a couple breaks up after the temporary visa is granted but before the permanent stage is decided, the temporary visa remains in effect, but the Subclass 801 or Subclass 100 will usually be refused unless an exception applies. The temporary visa then ends according to its terms. Our article on the partner visa two-stage process explains how the stages connect, and our article on a second stage refusal explains the options if the permanent stage is refused.

What happens if we break up after the permanent partner visa is granted?

If a couple breaks up after the permanent partner visa is granted, the permanent visa is not affected by the separation alone. The holder keeps permanent residence, unless the Department later finds the relationship was not genuine when the visa was granted, which raises incorrect information issues. Our article on a partner visa after divorce explains the position for holders who later separate.

Which exceptions allow a partner visa after a break-up?

The exceptions that allow a partner visa after a break-up are family violence committed by the sponsor, a child of the relationship where the applicant has parental responsibility or contact in the ways the regulations describe, and the death of the sponsor. In each case the Department must be satisfied the relationship was genuine before it ended. Our page on family violence and partner visas explains the most common of these pathways.

Do we have to tell the Department about the break-up?

The applicant has to tell the Department about the break-up while an application is undecided, because section 104 of the Migration Act requires notice of relevant changes in circumstances, usually by Form 1022. The sponsor may also notify the Department or withdraw sponsorship. Our article on partner visa change of circumstances explains what to include in the notice.

Can either of us sponsor a new partner later?

Either partner may be able to sponsor a new partner later, but regulation 1.20J limits partner sponsorships. A sponsor is generally limited to two partner sponsorships and cannot sponsor again within five years of a previous sponsorship, and a person who was sponsored as a partner cannot sponsor a new partner within five years of their own application, unless compelling circumstances apply. Our page on sponsorship limitations explains these rules.

How does My Migration Lawyers advise couples who break up during the process?

My Migration Lawyers advises applicants after a break-up by identifying the exact stage of the application, testing each exception against the facts, and planning the notice to the Department. Where no exception applies, the firm assesses other visas and the timing needed to keep lawful status. Applicants can read about partner visa relationship breakdown and request a consultation through the form on this page.