What Happens to My Spouse Visa If We Divorce After It Is Granted?

What happens to a permanent spouse visa after a divorce?

A permanent spouse visa, the Subclass 801 or Subclass 100, continues after a divorce. Once a permanent visa is granted, the relationship requirement has been met, and the end of the marriage does not of itself give the Department a ground to cancel the visa. The holder can remain in Australia and, in time, apply for citizenship if they meet the requirements. Our article on the partner visa citizenship pathway explains that next step.

What happens to a temporary spouse visa after a divorce?

A temporary spouse visa holder who divorces before the permanent stage is decided generally cannot be granted the permanent Subclass 801 or Subclass 100, because the relationship no longer exists. The temporary visa may also be considered for cancellation. The applicant must tell the Department that the relationship has ended. Our articles on partner visa relationship breakdown and Subclass 820 relationship breakdown explain the consequences.

Can I still get permanent residence after separating from my sponsor?

An applicant can still get permanent residence after separating from the sponsor where an exception in the regulations applies. The main exceptions are family violence committed by the sponsor, the death of the sponsor, and a child of the relationship for whom the applicant has custody, parental responsibility or a maintenance obligation, as the regulations describe. Our page on family violence partner visas explains how the family violence provisions in Division 1.5 work.

Can a spouse visa be cancelled after the marriage ends?

A spouse visa can be cancelled after the marriage ends where the Department finds that the visa was obtained through incorrect or misleading information, such as a relationship that was not genuine at the time of grant. The end of a genuine marriage after grant is not, by itself, evidence that the relationship was never genuine. A notice of intention to consider cancellation carries a short deadline and should be answered with care. Our article on a partner visa cancellation notice explains the process.

Do I need to tell the Department about a divorce?

A temporary partner visa holder or a person with a pending permanent stage needs to tell the Department about a separation or divorce, because it is a change of circumstances relevant to the application. The notification should be accurate and, where an exception such as family violence applies, should be handled carefully. Our article on Form 1022 change of circumstances explains how notifications are made. The sponsor may also notify the Department or withdraw sponsorship, which is a further reason to get advice early rather than wait for the Department to act.

How does My Migration Lawyers advise spouse visa holders going through a divorce?

My Migration Lawyers advises spouse visa holders going through a divorce by establishing first which visa they hold and what stage any application has reached, because that decides almost everything. For temporary visa holders, the firm assesses whether a family violence, child or other exception applies and prepares the evidence before the Department acts. For permanent visa holders, it advises on any cancellation risk. People in this position can speak with our partner visa lawyers.