Can a Permanent Partner Visa Be Cancelled?

Can a permanent partner visa be cancelled if we separate?

A permanent partner visa is generally not cancelled because the couple separates after the Subclass 801 or Subclass 100 is granted. The relationship requirements are assessed up to the decision on the permanent visa, and once that visa is granted the holder's permanent residence does not depend on the relationship continuing. Separation can still matter if the Department later believes the relationship was not genuine when the visa was granted, because that raises questions of incorrect information. Our article on permanent partner visa rules explains how the permanent stage is assessed.

Can a permanent partner visa be cancelled on character grounds?

A permanent partner visa can be cancelled on character grounds under section 501 of the Migration Act, which applies to every visa regardless of how long it has been held. Cancellation can follow a substantial criminal record, certain offences, association concerns or a risk assessment about future conduct. In some cases cancellation is mandatory under section 501(3A) and the holder must apply for revocation instead. Our article on section 501 and partner visas explains how the character test operates.

Can a permanent partner visa be cancelled for false information?

A permanent partner visa can be cancelled for false information under section 109 where the Department finds that incorrect information was given or a bogus document was provided in the application. The Department must first give a notice under section 107 setting out the particulars and inviting a response. The response is critical, because the Department weighs the seriousness of the incorrect information and the holder's circumstances, including any Australian family, before deciding. Our article on partner visa cancellation notices explains how to read the notice.

What happens after a permanent partner visa is cancelled?

After a permanent partner visa is cancelled, the former holder becomes an unlawful non-citizen if in Australia and has no other visa, and the cancellation can restrict future visa applications. Section 48 may limit the visas the person can apply for while in Australia. Where the decision was made by a delegate, review at the Administrative Review Tribunal is usually available, but the time limit is short and strictly applied. Our article on partner visa cancellation review sets out the review pathway.

How can a permanent partner visa holder protect their status?

A permanent partner visa holder protects their status by answering every notice from the Department fully and on time, keeping documents that prove the relationship was genuine when the visa was granted, and getting advice immediately after any criminal charge. Holders who are eligible can also consider Australian citizenship, which removes visa cancellation risk once granted. Our article on partner visa character requirements explains which conduct the Department treats as serious.

How does My Migration Lawyers respond to a permanent partner visa cancellation notice?

My Migration Lawyers responds to a permanent partner visa cancellation notice by first identifying the exact power the Department is relying on, because the grounds, the response deadline and the review rights differ between sections 109, 116 and 501. The firm then prepares a written response addressing each particular raised, supported by relationship, family and character evidence, and advises on review if a cancellation decision is made. Holders facing this problem can learn about our partner visa lawyers and the firm's visa refusals and review work.