What Happens If We Break Up on a Prospective Marriage Visa?

Does a Prospective Marriage visa end if we break up?

A Prospective Marriage visa does not end automatically if the couple breaks up. The Subclass 300 stays in effect until its expiry date unless the Department cancels it. However, the visa's purpose was the marriage, and once the engagement is over the holder cannot use it to move to a partner visa with that sponsor. Our page on the Subclass 300 visa explains how the visa is meant to work.

Can the Department cancel my Subclass 300 after a break-up?

The Department can consider cancelling a Subclass 300 after a break-up under section 116 of the Migration Act, on the basis that the circumstances that permitted the grant no longer exist. Before cancelling, the Department must give a notice of intention to consider cancellation and an opportunity to respond, and the response deadline is short and strictly applied. Our article on partner visa cancellation notices explains how to read and answer such a notice.

What if we married before the relationship ended?

If the couple married before the relationship ended, the Subclass 300 holder may still have a pathway to a Subclass 820 where the sponsor committed family violence, because subclauses 820.211(8) and (9) apply to current and former Subclass 300 holders who married their sponsor. The Department must be satisfied that the marriage was genuine up until the relationship ceased. Our page on family violence and partner visas explains how these claims are made.

What if we never married and there was family violence?

If the couple never married and there was family violence, the Subclass 820 family violence provisions for Subclass 300 holders are generally not available, because they require the holder to have married the sponsor. The holder should still take advice urgently about safety, any other visa they may qualify for and the timing of their departure or next application. Our guide to partner visa family violence explains the provisions in general.

Can we reconcile and still marry on the Subclass 300?

A couple who reconciles can still marry on the Subclass 300, provided the marriage takes place within the visa period and the relationship is genuine. The holder can then apply for the Subclass 820 in Australia. The Department will look closely at the break-up and reconciliation, so the relationship evidence should explain both. Our article on partner visa relationship breakdown explains how separations are assessed.

What should a Subclass 300 holder do after the engagement ends?

A Subclass 300 holder should take advice after the engagement ends, check the visa expiry date, keep evidence of the relationship and how it ended, and plan either departure or an application for another visa they may qualify for before the visa ends. Silence is risky, because the sponsor may contact the Department first. Our article on partner visa change of circumstances explains the wider notification rules.

How does My Migration Lawyers advise Subclass 300 holders after a break-up?

My Migration Lawyers advises Subclass 300 holders after a break-up by first establishing whether the couple married, because that single fact decides whether the Subclass 820 exceptions are available. The firm then reviews any cancellation notice, prepares the response or a family violence claim where it applies, and assesses other visa options before the Subclass 300 expires. Holders can read about our partner visa lawyers and request a consultation through the form on this page.