In this post, we briefly look at what this may mean for you if you find yourself in this complex situation and offer suggestions on the way forward.
First off, we really feel for you and your partner at this stressful time. Breakups suck! And with the added addition of the impact, a break-up will have on your visa, we get this can make things even harder to work through.
The short and sweet of it is the outcome really depends on the status of your partner visa. This means for example whether or not your partner visa has been lodged, whether it’s pending or if it’s been decided and you hold either a provisional partner visa or permanent partner visa.
Unless you have been granted your permanent visa in most cases this may ultimately mean you have to leave Australia, unless you meet the requirements for a different visa or if there are special circumstances surrounding the relationship. Always remember that each relationship is UNIQUE and yours might include circumstances where you could STILL be considered for the visa.
If this happens while you’re waiting for a decision on the FIRST stage of the Partner Visa (ie you have not been granted the permanent partner visa and don’t yet meet the requirements for PR) because you have lodged or hold a subclass 300, subclass 309 or subclass 820, then get advice from a Registered Migration Agent immediately and know that you must notify the Department of the change in circumstances. In all likelihood, the Department may ask you to consider withdrawing your application. If you don’t withdraw it and they’re aware the relationship has ended, the application may result in a refusal.
In most cases, once you have notified them of your changed relationship status, you’ll be given a limited time period to stay in Australia, such as 28 days, for example. Once your allocated time is up, you will need to leave Australia, unless you meet the requirements for another visa option.
The same course of action applies if, for example, you are in the following situations:
Again, you must notify the Department of Home Affairs. They’ll give you the option to withdraw the application, and if there’s no other Visa that you meet the requirements for, you’ll need to make arrangements to depart from Australia.
You could still be considered for the Visa regardless of the relationship breakdown under certain circumstances such as:
Either way, the circumstances are pretty complicated and if you are in this situation, we strongly encourage you to get detailed, one-on-one advice from a Registered Migration agent who can help you understand your particular position.
Please feel free to comment below; we love getting your feedback. We read all your remarks and will reply if we can answer any questions. We may even use your comments to form the next blog topic.
IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.
Emma is the founder and principal migration agent at Freedom Migration. She is extremely passionate about uniting partners and families with their loved ones overseas. It might be because she's a product of a partner visa family.
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