How Do I Tell Home Affairs Our Relationship Has Ended?

How does a partner visa applicant tell Home Affairs the relationship has ended?

A partner visa applicant tells Home Affairs the relationship has ended by giving written notice of the change in circumstances, usually by completing Form 1022 and attaching it to the application in ImmiAccount. Section 104 of the Migration Act requires applicants to notify relevant changes, and the end of the relationship is plainly relevant. Our guide to Form 1022 change of circumstances explains how to complete and lodge it.

How does a sponsor tell Home Affairs the relationship has ended?

A sponsor tells Home Affairs the relationship has ended by writing to the Department and, where the sponsor wishes, withdrawing the sponsorship. The sponsor is not the visa applicant and cannot withdraw the visa application itself. The Department will then usually contact the applicant before making a decision. Our article on partner visa change of circumstances covers what happens after each kind of notice.

What happens after the Department is told the relationship has ended?

After the Department is told the relationship has ended, it generally moves towards refusing the partner visa, because the visa depends on a genuine and continuing relationship. Before refusing, the Department must generally invite comment under section 57 where it relies on adverse information about the applicant from another person, such as the sponsor's notice. The applicant can then put forward any exception that applies. Our article on the section 57 natural justice letter explains how to respond.

Can the partner visa still be granted after the relationship ends?

A partner visa can still be granted after the relationship ends in limited cases. The permanent Subclass 801 or Subclass 100 may be granted where the sponsor committed family violence against the applicant or a family member, where the sponsor has died, or where there is a child of the relationship and the regulations about custody, access or contact are met. Our page on family violence partner visa matters and our article on partner visa relationship breakdown explain these pathways.

Why is advice important before notifying the Department?

Advice before notifying the Department is important because the wording and timing of the notice can affect the applicant's options. An applicant who has experienced family violence may need to present evidence of that violence at the same time, and an applicant with a child of the relationship needs the right documents about care arrangements. A notice that simply states the relationship is over, with nothing more, can leave the Department with no basis to grant. Our article on partner visa family violence evidence explains what is required.

Does the applicant have to leave Australia when the relationship ends?

The applicant does not have to leave Australia immediately when the relationship ends, because the bridging visa or Subclass 820 continues until the Department decides the application. If the visa is refused, the applicant may have review rights at the Administrative Review Tribunal within a strict time limit, and the bridging visa position after refusal needs careful advice. Our article on the Subclass 820 relationship breakdown explains the stages.

How does My Migration Lawyers help after a relationship ends?

My Migration Lawyers helps after a relationship ends by advising, before any notice is sent, whether an exception may apply and what evidence it needs, then preparing the notification and any supporting submission together. For sponsors, the firm explains what withdrawal of sponsorship means and the sponsorship limits that may affect a future partner. People in either position can speak with our partner visa lawyers in confidence.