My Partner and I Separated During Processing. Should I Talk to a Lawyer?

Why should I talk to a lawyer after separating during processing?

An applicant should talk to a lawyer after separating during processing because the first communication with the Department often decides which options remain open. A notice of separation that says nothing about family violence, a child of the relationship or the possibility of reconciliation can be difficult to correct later. A lawyer also assesses the applicant's other visa options before the bridging visa is affected. Our article on Subclass 820 relationship breakdown explains the onshore position.

Do I have to tell the Department that we separated?

An applicant has to tell the Department about a separation, because section 104 of the Migration Act requires applicants to notify relevant changes in circumstances, usually by Form 1022. The sponsor may also contact the Department or withdraw sponsorship. The timing and content of the notice should be planned with advice, but the obligation cannot be avoided. Our article on Form 1022 change of circumstances explains how the form is completed.

When can a partner visa still be granted after separation?

A partner visa can still be granted after separation in limited circumstances set out in the regulations: where the applicant or a family member experienced family violence by the sponsor, where the couple has a child together and the applicant shares parental responsibility or has contact in the ways the regulations describe, or where the sponsor has died. In each case the Department must also accept that the relationship was genuine before it ended. Our page on family violence and partner visas explains the family violence pathway.

Is a temporary separation the same as the relationship ending?

A temporary separation is not the same as the relationship ending, and couples who separate and reconcile may still meet the requirement of a genuine and continuing relationship. The Department looks at the reasons for the separation, how long it lasted and the evidence of the relationship afterwards. Repeated separations need careful explanation, as our article on repeated separations explains.

What happens to my bridging visa after separation?

The bridging visa continues after separation until the partner visa application is finally decided, including any review at the Administrative Review Tribunal. If the application is refused and no review is sought, the bridging visa ends a short time after the refusal, as the bridging visa's own terms provide, and the applicant must then leave Australia or hold another visa. Applicants should therefore plan any alternative visa application while the bridging visa is still in effect, not after it ends. Our article on partner visa relationship breakdown and our article on partner visa change of circumstances explain the next steps.

How does My Migration Lawyers advise applicants who have separated?

My Migration Lawyers advises applicants who have separated by first establishing whether any of the regulations' continuation pathways is available, then planning the notice to the Department so that the applicant's position is stated accurately and completely. Where no pathway applies, the firm assesses other visas the applicant may qualify for and the timing needed to keep lawful status. Anyone in this position can find out more about our partner visa lawyers before asking for advice through the form on this page.