What if the relationship ends before the Visa grant?

What if your relationship ends before your Partner Visa is granted?

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.

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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.

My relationship has broken down, what do I do now?

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.

What happens if the FIRST stage of my application has already been granted and we break-up?

The same course of action applies if, for example, you are in the following situations:

  • If your application has been lodged and you’ve already been granted the FIRST stage of the Partner Visa process and you hold the Prospective Marriage Visa subclass 300 and the relationship has ended before that Visa expires;
  • You were waiting for the permanent Partner Visa to be granted and your relationship breaks up.

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.

Once the relationship has ended, what circumstances may lead to a visa being granted?

You could still be considered for the Visa regardless of the relationship breakdown under certain circumstances such as:

  • Family violence has occurred during the course of the relationship;
  • An Australian citizen child is a product of the relationship.

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.

  • Jamie says:

    What if the sponsorship had been withdrawn while the decision hasn’t been made on the first stage visa, but things have been reconciled and partner wants to continue with sponsorship? PS applicant hasn’t received any notification of withdrawal yet.

    • Avelyn Chen says:

      Hi Jamie, we would need a bit more detail on the case before we could comment. Give our office a call and we can have a chat. Our number is 07 3063 1200

  • Ahmed says:

    I’ on spouse visa subclass 309 in Australia and I have tow Australian citizens kids and my relationship ends and I’m facing a charges of domestic violence can I still get pr

    • Emma Drynan says:

      Hello Ahmed, this is a complicated situation and you will need to get a piece of legal advice. Please give our office a call on 07 3063 1200.

  • Grahame says:

    Very helpful I got set up by a Peruvian lady and am not very happy I was widowed 4 years ago and met my lady through my best friend he married her cousin anyway it’s been a tough 6 months as soon as we got married she changed I done everything for her but not even her friends could help me anyway she left me two days ago I found the site really helpfully kind regards Grahame

  • About the Author Emma Drynan

    I am the founder and principal migration agent at Freedom Migration. I am extremely passionate about uniting partners and families with their loved ones overseas. It might be because I’m the product of a partner visa family.

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