What happens when you separate on a partner visa?
Australia's partner visa scheme is a boon for many international couples, offering a pathway to permanent residency and eventually citizenship. However, life doesn't always go as planned, and some couples may find themselves facing the unfortunate reality of separation or divorce while the foreign partner is still on a temporary or provisional partner visa. If you find yourself in such a situation, understanding the implications is critical.
Initial Step: Notify the Department of Home Affiars
The first step after a separation is to notify the Department of Home Affairs (DOHA) about the change in your circumstances. According to Australian immigration laws, visa holders are obliged to inform DOHA about any significant changes to their situation, and separation from your partner certainly qualifies.
Subclass 820/801 and Subclass 309/100 Visas
The Partner Visa in Australia comes in two stages: a temporary visa (Subclass 820 or 309) followed by a permanent visa (Subclass 801 or 100). The course of action largely depends on which stage you are at during the time of separation.
If the foreign partner is on a temporary partner visa (Subclass 820 or 309), the DOHA usually cancels it after being notified about the separation. However, there are certain exceptions where the visa may not be cancelled, like if there is a child involved from the relationship or if the foreign partner or a member of their family has suffered family violence committed by the Australian partner.
If the foreign partner has already been granted a permanent partner visa (Subclass 801 or 100), the separation will not affect their visa status, as they are already a permanent resident. They can continue to live, work, or study in Australia indefinitely, and even apply for citizenship if they meet the eligibility criteria.
Special Circumstances
In some cases, if the relationship ends before the DOHA has made a decision on the permanent visa (Subclass 801 or 100), the foreign partner may still be eligible for the permanent visa. This is applicable if:
- The relationship ended due to family violence.
- The relationship has produced a child.
- The Australian partner has died, and the foreign partner can prove that their relationship would have continued if their partner had not died.
Special Circumstances
In some cases, if the relationship ends before the DOHA has made a decision on the permanent visa (Subclass 801 or 100), the foreign partner may still be eligible for the permanent visa. This is applicable if:
- The relationship ended due to family violence.
- The relationship has produced a child.
- The Australian partner has died, and the foreign partner can prove that their relationship would have continued if their partner had not died.
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