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A Partner visa allows the spouse or partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live and work in Australia.

There are various visa subclasses. The visas you choose will depend on the length of your relationship and whether you are in or outside of Australia. You can read more about the visa options in our earlier blog post here.

Although Partner visas provide an excellent pathway to Australian residence, they can also add additional pressure on a relationship due to the dependence on sponsorship. Should a relationship break down, there are ramifications for the Partner visa holder.

Partner visas and relationship breakdowns

The impact a break down in a relationship will have on your Australia residency status will depend on which stage of the Partner visa process you are in. Broadly speaking, once you have obtained permanent residence, a relationship break down will not impact your status in Australia (unless it is discovered that you were not in a genuine relationship or that you have provided false or misleading information).

However, should your relationship break down prior to your permanent visa grant, in most cases you will have your visa cancelled and be expected to depart Australia (or obtain a further visa).

Relationship breakdown prior to temporary visa grant

Should your relationship break down before your temporary visa is granted, your temporary visa cannot be granted unless either or both of these circumstances apply:

  • your relationship with your Australian partner has ended (since the temporary visa application was made) solely because the Australian partner has died; or
  • your relationship with your Australian partner has ended since the temporary visa application was made and family violence has occurred or access rights to children are involved.

These exceptions to grant a visa do not apply to offshore Partner visas.

Relationship breakdown prior to permanent visa grant

Should your relationship break down following your temporary visa grant, but prior to your permanent visa, you will not be granted your permanent visa unless either of these circumstances apply:

  • the Australian partner dies and you would have continued to be the spouse or de facto partner of the Australian partner if they had not died and you have developed close business, cultural or personal ties in Australia;
  • you and / or a dependent child have suffered family violence committed by the sponsor; or
  • you have custody or access rights over a child for whom the Australian partner has custody/access rights and/or maintenance obligations;

Ordinarily, your ex-partner or a third person would notify the Department of Home Affairs (Department) that your relationship has broken down, and you will receive correspondence from a Delegate asking you to comment on the information it has received that your relationship has broken down.

The correspondence will ordinarily allow you 28 days to respond to the allegations that your relationship has ended. If you are unable to convince the Department that your relationship continues to be genuine, or that you meet one of the circumstances above, the Department would ordinarily take steps to cancel your visa.

Further information

Hannan Tew recognises the difficulties involved in migrating to Australia and the anxiety involved in a relationship breakdown particularly when it impacts your residency status. Feel free to contact us by email at [email protected] or phone (03) 9016 0484 or (02) 8005 1484 for a confidential chat and further information in relation to your residency status.

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Join the discussion 84 Comments

  • Julie says:

    My relationship has broken down 1 month before being able to apply for permanent residency. I’m assuming without children or family violence, there isn’t anything I can do to stay withing Australia?

    What happens to the health care benefits of Medicare? Is that something that needs to be paid back?

    We are registered as de facto and have been living together for 3 years. What happens to property and finances?

    Thank you for your help.

    • admin says:

      Hi Julie,

      To your points:
      1. you would have to consider whether you can apply for an alternate visa (or citizenship) in Australia. Most of the broad areas are covered here: https://hannantew.com.au/immigration-services/
      2. you do not need to pay back Medicare benefits; and
      3. if you were in a genuine de facto relationship and you and your former partner can’t agree on how your property should be divided, you could seek orders in the Family Court (http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/property-and-finance/property-and-money-after-separation/property-and-finances-after-separation).

      If you want to speak to us about about potential visa options to remain in Australia pop us a email at [email protected].

      – Hannan Tew

      • Good morning.
        I have a concern, my visa was granted on 2017, my husband(ex) was the primary applicant(skilled visa). Our relationship breakdown 2 years ago and we are in process for our divorce. Have I to notify the Immigration? Can I remain in Australia? I have one daughter with him, she is 7 years old.
        Regards

        • admin says:

          Hi Adrianna,
          Sorry to hear about your divorce.
          I’m assuming you have already obtained permanent residence?
          If so, there’s unlikely to be an obligation for you to notify the Department of your relationship breakdown and it is unlikely to impact your right to remain in Australia.
          Feel free to contact us at [email protected] to discuss further.
          Kind regards,
          Hannan Tew

      • Savin says:

        I was married to an Australian citizen while I was on student visa , currently I’m a pr holder , our marriage life wasn’t going good so we decided to divorce now .
        1. Will my pr get cancelled due to the divorce ?
        2.can I sponsor another person as my spouse into Australia?

        • admin says:

          Hi Savin,
          If you have obtained permanent residence then your relationship breakdown is unlikely to impact that visa situation (unless it is determined you’ve provided false or misleading information).
          To your second point, you usually have a 5 year bar since the date of your original sponsorship approval before you can sponsor someone else.
          Feel free to contact us at [email protected] if you’d like to discuss further.
          Kind regards,
          Hannan Tew

          • Afrin says:

            Hey i got my temporary visa few days ago and my husband is a citizen.now he decided to leave me bcz we don’t share any good bond.can my residency get cancelled?

          • admin says:

            Hi Afrin,
            I’m sorry to hear about your relationship breakdown.
            In most cases, if you hold a temporary Partner visa and your relationship breaks down, you will not be able to obtain permanent residence and the Department will eventually cancely our temporary Partner visa.
            Feel free to contact us at [email protected] to consider this in more detail.
            Kind regards,
            Hannan Tew

      • Steven says:

        Hello @admin,

        I am on a student visa 500, I got this granted with my spouse since we had applied together so she has subsequent entrant student dependent visa 500 now. I landed on may 23 but since she had works back home she didn’t come with me here in australia and after one month she called me and told her feelings has changed. I am doing my studies and it’s really really difficult to face this emotional trauma for me and I can’t even focus on my studies now. My course started july 23,2023 and now I think I can’t even pass the exams here in my master’s degree. She says she wants divorce and wants visa as well but she will help me pay for my study as we are international student it’s hard for payment as well but I know it will be hard to pay the fees and I don’t want to take her help so I want to cancel her visa. She says don’t cancel everytime and is so so concerned only about her visa and says she will come here mid october. How can I cancel such visa asap? Do you have a sample of the visa cancellation letter from DOHA which I can study please if so send me a sample of Visa cancellation letter.

        • admin says:

          Hi Steven,
          There’s no means for you to directly cancel your partner’s visa, but you can notify the Department of your change in circumstances so that they can take steps to cancel your partner’s visa if appropriate. You can make the notification directly through your Immi Account, or by completing a Form 1022.
          Feel free to contact us at [email protected] if you’d like to discuss this in more detail.
          Hannan Tew

      • Ha Nguyen says:

        Hi, me and my partner have a daughter together and now I’m pregnant 3 months. We applied visa 820/801 this week. He violence by mentality. I want to end this relationship, so will they cancel my visa and send me back to my country without seeing my kid? What should I do?

        • admin says:

          Hi Hoa,
          I’m sorry to hear about your situation.
          You may still be able to maintain your visa if family violence has occurred or access rights to children are involved.
          As this can be complex, feel free to email us at [email protected] to consider this in more detail.
          Kind regards,
          Hannan Tew

  • Tom says:

    I have got my permanent residency in 2018 Nov and my partner broke up with me in 2018 December and the main applicant was my partner. we got divorced in 2020. Do I able to bring my new partner from another country. Do I need to change anything in my PR status.

    • admin says:

      Hi Tom,
      If you’ve got PR you don’t need to update the Department with your relationship change.
      However, since you were sponsored (and became a ‘relevant person’), you do have a 5 year sponsorship ban unless you can convince the Minister that there are compelling circumstances for allowing you to sponsor before then.
      Feel free to contact us at [email protected] to speak to one of our lawyers about this in more detail.
      Kind regards,
      Hannan Tew

    • Adriana Santos says:

      Yes Hannah, I got my permanent residency on 2017. But I was the second applicant (dependent). Will the divorce affect my Pr status? Will I have to notify the Immigration? Can I remain in Australia? Sorry I’m a little bit worried about that situation. We had a genuine relationship for 12 years.
      Regards
      Adriana

      • admin says:

        Hi Adrian,
        In general, as you already obtained PR there are no more notification obligations for you.
        Feel free to contact us at [email protected] if you have any further questions.
        Kind regards,
        Hannan Tew

  • Jo says:

    Hi I got married in 2019 and my husband has just got his PR two months ago and he broke up with me and moved out of house which we just built . Can his residency get cancelled or he can remarry and bring his own partner ? Do we need to have official divorce or after one year of separation there is no need ?

    • admin says:

      Hi Jo,
      Generally speaking, if he’s entered into a new genuine relationship after he was granted PR then he would not have issues with his immigration status (though he may have issues if he provided false or misleading information in the original application). However, he would have a sponsorship bar for a period of 5 years. Feel free to contact us at [email protected] if you’d like to discuss this further.
      Kind regards,
      Hannan Tew

  • Kekee says:

    Hi, my partner and i have a 6 month old. We applied for 820/821 on August this. He has,been very verbally and psychologically abusive everytime i ask for help with our son . If i walk away from the relationship, will they force me to leave my child who is also a citizen after being asked to exit the country? What are my options/chances

    • admin says:

      Hi Kekee,
      We’re sorry to hear about your situation.
      There may be grounds to keep your visa based on the family violence provisions, but as this will require a discussion about sensitive information please contact us at [email protected] to speak to one of our lawyers.
      Kind regards,
      Hannan Tew

  • Cecilia Orchard says:

    Hi, I have sponsored my husband, married here in Perth WA last July 2017. He got his permanent residence almost two years ago. Now, he wants to leave me…everytime we have a fight or confrontation which he is always verbally aggressive and so defensive, physically restrained me twice; he always treated me to leave me since he got his permanent residence and when he got a job. My problem are:
    * he don’t or refused to help me paying some bills and even household work because he keep saying it’s my house. I have my house still in mortgage and am still paying by myself.
    * when he got the job, he offered to pay the electricity bill but am paying my solar panels, he pays wifi, medibank only.
    * he buys food that he likes and I buy quality foods for us
    * Am paying most of the bills ie, my mortgage, water bills, gas bills, my council bills plus all the maintenance of the house.
    * I paid 85% ( I did loan from Latitude Financial Services) of our wedding that I thought he loves me. Our money that we got/received during our wedding most of it 90% went to pay his visa for a permanent residence.
    After our wedding in July2017, he did go back to overseas on the first week of August ( where he came from) because of his temporary visitor visa. His brother has a migrant office, owns his business, he was the one to help to process his visa onshore visa application for him to come back here in Australia. So, my husband arrived or back here again on the first week of November 2017. Since he came back, he look after his mum and his stepfather most of the time. His parents lives in North of the river that time. So, he spent most of the time with his immediate family.

    Now, I am so devastated that he is leaving me. My question is…what should I do, I thought I have been used for him to stay here permanently.

    Thank you so much for your reply and help.

    • admin says:

      Hi Cecilia,
      We’re sorry to hear about your situation.
      Generally speaking, if the relationship breaks down after permanent residence is obtained, there is no recourse for you terminate his visa. The only recourse would be if you could prove that he was not in a genuine relationship with you at the time the application was made.
      We’d generally need to discuss sensitive issues if this is the case, so feel free to email us at [email protected] if you’d like to discuss.
      Kind regards,
      Hannan Tew

  • Katya Francia says:

    Hi, my partner and I tried to apply this month to the partner visa but now we are in a complicated situation. I am with student visa until march. How can I do? Can I apply for another visa without him instead student visa? I am desperate, I didn’t have another plan.

    Thank you

    • admin says:

      Hi Katya,
      If your Student visa is still valid until March, you can still likely apply for another visa. The most appropriate visa would obviously depend on your circumstances. Feel free to book in a consultation with one of our lawyers if you’d like to discuss appropriate options here: https://www.hannantew.com.au/initial-consultation/
      Kind regards,
      Hannan Tew Lawyers

  • John Kane says:

    Hi,

    I applied for sponsor visa for my partner ( de facto relationship) and i withdrew application after 4 months. However visa was not granted and i received an email that my sponsorship has been withdrawn and I am no longer able to know if Visa will be granted or not. Now after 2 years i want apply for my wife who is overseas, Can i apply for her visa ?

    Lets say the visa was granted to my first partner after I withdrew my application via non judicial evidence as my ex partner mentioned she is seeing “therapist” and she still lives in Australia so i assume the visa was granted.

    Does this count towards my sponsorship? or does the decision counts separately from my sponsorship count?
    I have not recieved any notification regarding my sponsourship whether my sponsorship has counted. Do i need to contact Home Affair to check my eligibility.

    I apologise for this long question. I really need assistance at the moment

  • Ryda Tom says:

    Hi. I am currently on a temporary graduate visa 485. My partner was issued a temporary visa late last year and he moved to Australia earlier this year. We’ve however broken up and he would like to proceed to an independent student visa at the year, will this affect my visa being the substantive visa at the moment?
    I would also like to notify immigration of the change in circumstances once I complete the divorce process overseas (tentatively end of year)

    • admin says:

      Hi Ryda,
      I’m assuming your partner was a dependent on your 485 visa (as in you are the primary applicant)?
      If your relationship has broken down your only obligation is to notify the Department that your relationship has broken down and this won’t impact your visa status regardless of what other visa he applies for.
      Feel free to contact us at [email protected] if you want to discuss this in more detail.
      Kind regards,
      Hannan Tew

    • Nedo says:

      Hi,

      I am on SC 485 I applied my wife’s 485 visa and she was granted. Now we got divorced. Can I apply 485 visa for my new wife ?

      Thanks

      • admin says:

        Hi Nedo,
        You’d generally need to complete divorce proceedings, notify the Department of your relationship breakdown, and then may be able to obtain a 485 for your second wife.
        Feel free to contact us at [email protected] to discuss in more detail.
        Kind regards,
        Hannna Tew

  • Laksh says:

    Hi,

    I and my ex, completed master of data science from deakin. Graduated in 2021. As my student visa 500 expires on aug 30, 2021. We applied individually for 485.
    And registered defacto, when defacto received. We applied for withdrawal of 485 visas. ( which is bringing A withdrawal).

    As, we are in defacto. We both applied together for 485 visa adding myex as primary appicant and im as secondary applicant.

    Then, we applied for withdrawal ( individual 485 visa – bridging A) in December.

    In march, i came to she was cheating on me with her colleague. She confessed and left with him and now staying with.

    As per lawyer, suggestion waited for withdrawal of visa ( individual 485 visa – bridging A). After 7 months the both visa got withdrawn.

    And, now both of us are on bringing C for 485 visa.

    I’m on bridging C as dependent on ex partner – 485 visa (as the secondary applicant)?

    Iam in a fuckedup situation, She want to cancel relationship now. im a patient from wrist surgery and waiting on approval for other wrist n shoulder surgery – completely blocked. Because of visa im stuck.

    Though it is hard, i stood myself and waited 7 months on visa withdrawal. And, My lawyer says to get medicals done and wait for the 485.( I didn’t mention that she cheated on me as he is well known to us. She told him we both decided to separate)

    Then we can take a step and apply student visa for me.

    What i have to do now?? Applying student again is very tough for me. My career and everything fuckedup now. Im in a nowhere situation.

    Any legal suggestions, that would help me out ?

  • Ferdinand says:

    Hi,
    I got my permanent residency in October 2020. Unfortunately, we agreed to divorce this year. Currently I’m in Indonesia, and all the divorce paper works have been completed.

    My question is, how about my permanent residency status? Will I lose it?

    Also, do I need to inform the Aus immigration regarding my divorce?

    Thank you so much for your help.

    • admin says:

      Hi Ferdinand,
      Sorry to hear about your divorce.
      Assuming you have already obtained permanent residency (and not temporary residence), the divorce won’t impact your visas status (unless someone provides information to the Department that the relationship was not genuine in the first instance). Feel free to get in touch with us at [email protected] if you want to discuss this further.
      Kind regards
      Hannan Tew

  • T says:

    Hi, My Boyfriend H separated from his wife K about 12 months ago. I am an Aus Citizen and have been with H for 8 months. K is currently on a 485 and is about to be sponsored on a 186 visa and is not intending to list H as her spouse. As they are separated, is it possible for me to apply as a sponsor for a 300 visa (if they divorce) as K is not considering H a spouse? H has been in Australia for 6 years.

    • admin says:

      Hi T,
      Thanks for reaching out – sounds like a difficult situation!
      A key point to consider: Under “de facto” policy, “it should not be assumed that a relationship between a visa applicant and their claimed de facto partner is not mutually exclusive if one or both party is still married to a third party.” That is, depending on the circumstances, you might be able to demonstrate a de facto relationship and apply directly for a Partner visa (instead of a Prospective Marriage visa).
      Feel free to contact us at [email protected] to discuss this in more detail.
      Kind regards,
      Hannan Tew

  • YB says:

    Hi,

    My spouse – soon to be ex holds permanent residency. We had to move overseas due to my job in 2005 and she hasn’t returned to Australia except once in 2011 due to finances.

    Myself and 18yo child are relocating back to Australia within the next few months for a new job opportunity and university.

    Once we are divorced I know our 18yo can facilitate the 155 subclass return visa process.

    From what I understand there should not be any problems but just wanted to check if there is anything my soon ex-spouse may need to be concerned about if the divorce is about to take place?

    • admin says:

      Hi YB,
      This depends on what your soon to be ex-partner’s plans are.
      If she wants to maintain permanent residence, since she hasn’t been to Australia since 2011, at the very least, she will need to demonstrate “substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia” and also “compelling reasons for her absence” in order to obtain a RRV. The divorce with you means that she has one less tie to Australia, though ultimately her claims depend on her particular circumstances. She might still be able to come to Australia on temporary Visitor visas (depending on her passport) without too much issue.
      Feel free to contact us at [email protected] to discuss this in more detail.
      Kind regards,
      Hannan Tew

      • Binit Poudel says:

        Hi,
        We were registered as a de-facto relationship in 2020 and we broke up in 22nd of aug 2022 (recently). We were about to move in our own ways and we started living seperately . Now my question is –
        she was granted PR status last week. She hasn’t notified Immigration about the relationship status yet. She has added me as her sponsor while applying PR. I asked her if she had informed immigration about the relationship status or not which she said she hasn’t informed anyone yet. She told me she is going to update it to immigration soon . What happens in this case? Am i getting my PR cancelled when she updates?

        • admin says:

          Hi Binit,
          In general, you should only have issues if she notifies immigration that your relationship broke down prior to PR grant (it does not matter if you relationship broke down after PR grant).
          Feel free to contact us at [email protected] if you’d like to discuss further.
          Kind regards,
          Hannan Tew

  • Philip says:

    Hello,

    I’ve got my 189 PR onshore in 2021 as a secondary applicant. We were in genuine de facto relationship for many years but unfortunately broken down this year.
    So my question is, will this affect my PR? And should I inform the immigration department of my relationship change and how?

    Many thanks in advance for your help!

    • admin says:

      Hi Philip,
      Generally speaking if your relationship broke down after your 189 visa grant, it won’t impact your permanent residence and you have no notification obligations (unless your former partner provides the Department with information that incorrect information was included in the applicaiton).
      Feel free to contact us at [email protected].
      Kind regards,
      Hannan Tew

  • James Williams says:

    Hi,
    I filed ADVO to my wife for domestic violence last year and have been living separately. Now i am on new relationship. Can she sponsor me to stay here?
    Thanks,
    Kind regards,
    James.

  • Marina says:

    Hi,

    I was granted partner visa 100 on 25th may 2021. Can I still stay and work in AU if we end our relationship?

    Thanks a lot.

    • admin says:

      Hi Marina,
      As the Subclass 100 visa is permanent residence you should be able to remain in Australia even if your relationship breaks down (unless of course, you provided false or misleading information).
      Hope that’s clear.
      Kind regards,
      Hannan Tew

  • Faith says:

    Hi,

    I am on a student visa and currently studying I have 2 more years to finish my studies and my visa is yet to expire next year March 2023 and my husband whom we have been married for 2.5 years now was granted patner visa in November 2021 me being the primary applicant, now that I found him cheating on me severally I want us to go on our separate ways before I apply for another visa extension visa. Furthermore, we have 9 months old son and now since I told him I want us to separate he wants to go back overseas together with the baby in January 2023 which I agree so that I can finish my studies.So will this affect the baby visa application in future if I will like to bring baby back to Australia? Please let me know.

    • admin says:

      Hi Faith,
      I’m sorry to hear about your situation.
      From an immigration point of view, as you are the primary application you can certainly notify the Department and then ask them to cancel your husband’s visa.
      The main issue for your baby in future visa applications will be the issue of custody (your husband can decide not to permit the baby to travel if you don’t have legal separation and full custody).
      Feel free to contact us at [email protected] if you’d like to discuss further.
      Kind regards,
      Hannan Tew

  • Claire Bowen says:

    My Partner Visa Sponsor relationship broke down after 4 years (no children) and I am now not only wondering if I can still apply to remain in Australia under permanent residency but also if I can apply for Defacto Financial Maintenance rights being in a Defacto Relationship for just over 4 years and sharing expenses etc.
    Wondering if I had children would that also make any difference to claiming Defacto Financial Maintenance rights – or does a Partner Visa Status (and no Citizenship) mean I can’t claim Defacto Financial Maintenance rights?

    • admin says:

      Hi Claire,
      Sorry to hear about your circumstances.
      We can help with the immigration question, which is if your relationship broke down after you received permanent residence you most likely can retain your permanent residence.
      The second question regarding de facto financial maintenance requirements is more something you should discuss with a family lawyer.
      Kind regards,
      Hannan Tew

  • Emailia says:

    Hi , I am currently on 500 student subsequent and soon applying for 491. My question is what will happen if we get seperated after 491 visa granted?
    2: if we get seperated after applying 491 before grant, what will be my visa status,can my partner cancel my visa before the grant of 491?

    • admin says:

      Hi Emailia,
      If you get separated before your 491 visa is granted, yes, your partner can remove you from the 491 visa so it will not be granted.
      What happens after 491 visa grant is a bit more complex, but feel free to contact us at [email protected] if you would like to discuss.
      Kind regards,
      Hannan Tew

  • Mary Smith says:

    Himy friend is living in melbourne australia and i’ve been there for 3 years as 2 years permanent residence if my partner has already change my status into separated what will happen to my status in australia? Is there any possibilities that i am gonna be deported even we have a child? And my child is 2 years old. And now he took my son and brought back to australia while im in my homeland in asia.

  • Rico says:

    Hello there,
    my name is Rico and I would like to ask one question please.
    I am from Indonesia and I received my Australian PR in 2020 (through Partner Visa). We got divorced this year unfortunately.

    My question is : Now I want to get married again, will I be able to sponsor my new partner and help her to get Australian PR?
    or is there any period of time where I cannot sponsor after divorce?

    thanks so much for your help

    Kind regards
    Rico

    • admin says:

      Hi Rico,
      Persons who themselves have been sponsored/nominated as a spouse, de facto partner fiancé or interdependent partner cannot sponsor a partner under any of those visa categories until at least 5 years after their own visa application was made (reg. 1.20J(1)(c)), unless there are ‘compelling circumstances’ affecting the sponsor.
      Feel free to get in touch at [email protected] if you thing such factors apply to you.
      Kind regards,
      Hannan Tew

  • Sam says:

    Hello there,

    I had sponsored my ex but the application was withdrawn before a temp partner visa was granted (a bridging visa was issued). Can I sponsor my current partner without waiting for the 5 years bar? If so, in the application, should I state I had a de facto relationship before or I should say this is my first time?

    Many thanks,
    Chris

    • admin says:

      Hi Sam,
      If you have withdrawn the sponsorship prior to the original temp partner visa being granted then you did not give “relevant permission” and so you are likely not subject to the 5 year bar.
      You should however, disclose your previous relationship status in any future application.
      This information can be very specific so feel free to contact us at [email protected] to discuss further.
      Kind regards,
      Hannan Tew

      • Maria says:

        Hi, I am an Australian Citizen and Sponsored my husband. He has 820 at the moment. I discovered he has been cheating on me with his ex-wife who is in Russia and have travelled together behind my back during our relationship. I found out he promised the Russian to bring her and their two children to Australia as a family. He was clearly using me to get her visa. I notified DHA and withdrew my Sponsor. Since Domestic Violence is the only ground he could possibly use to stay in Australia, he accused me of DV even though it is not true. His response to DHA states incongruent DV facts dated after I notified DHA our relationship had ended. He has no evidence whatsoever to prove he was victim of DV because that was not the case at all. However, he is still in Australia. I withdrew my Sponsorship 2 months ago. I would assume his DV claim would not proceed since has not evidence to support it. My question is, is there any chance that he can stay in Australia and be granted his 801 even though his DV claim is fake? I am upset he used me and he might be able to bring his Russian family later! Thank you for your comments. I am furious with people cheating the system.

        • admin says:

          Hi Maria,
          Sorry to hear about your complex situation.
          The Department will make an assessment of your former partner’s DV case, and communicate directly them about their visa status. If he cannot substantiate his claims, the Department will not grant him a 801 visa.
          Feel free to contact us at [email protected] if you want to discuss further.
          Kind regards,
          Hannan Tew

  • Tayla says:

    Hi, I have a friend who is applying for the permanent partner visa. It has been 3 years since he applied (still not gone through yet even after that wait!). His relationship of 7 years has recently broken down in the last month. His application says it’s 90% processed. Is there anything he can do? He’s very nervous and wants to stay in Australia. His ex is happy to help but doesn’t want to get herself in trouble. Any advice would be helpful. Thanks.

    • admin says:

      Hi Tayla,
      If his relationship has broken down, then legally he should notify the Department of a change in circumstances and would be unable to obtain the Partner visa (except in certain limitations, such as if domestic violence caused the breakup). Feel free to contact us at [email protected] to discuss further.
      Kind regards,
      Hannan Tew

  • Muhammad says:

    Hi,
    I’m currently on partner visa subclass 820 awaiting my 801.. I applied for both of the visas in Aug 21. Assuming that it takes 2 years for 801 to come. Me and my sponsored partner are taking some time apart and not sure whether we will persue seperation or not at this stage. If we move ahead with the seperation so do I need to notify the immigration about the changes or can I just some how stay put untill my 801 comes.

    • admin says:

      Hi Muhammad,
      If your relationship breaks down then you are obligated to notify the Department of your change in circumstances and you would not be granted a 801 visa.
      As such, the specifics of your relationship situation are then important in determining the impact.
      Feel free to contact us at [email protected] to discuss further.
      Kind regards,
      Hannan Tew

  • Samuele Lorenzetti says:

    Hi Hannah,

    I have applied for a Partner Visa 309 as I have been with my current partner 3 years already.

    I have a previous Partner Visa 820 refused. However I am now divorced.

    The Department told me that I did not communicate the end of my previous relationship.

    Please take in consideration that I am now divorce, and that my previous agent didn’t communicate my previous relationship break down to the Department.

    Could this affect my new Partner Visa that I just applied for?

    Regards,
    Sam

    • admin says:

      Hi Sam,
      Thanks for reaching out, but your failure to communicate your relationship breakdown can certainly impact your current visa eligibility (as it might question whether you were in a genuine relationship).
      Feel free to contact us at [email protected] to discuss further.
      Kind regards,
      Hannan Tew

  • Anastasia says:

    Hello,

    We are a family of 4, and we have received permanent residence visa for Australia, and bought plane tickets to move there next month. I was the main visa applicant (skilled visa). In the past couple of months my husband is getting cold feet and is beginning to think that he would not like it there, and that he will be better off remaining in Europe, or, going there with me and our children, seeing whether he will like it, and if not, he suggests that he returns to Europe and me and children to stay in Australia.

    So my question is in case he decides not to go at all, can I go there with our children (with his permission of course) and claim our PR visa for me and the children? Or in case that all 4 of us go and claim PR visa, but he decides to return to Europe, I assume that he would lose his PR (I read somewhere that a person should be at least 2 years out of 5 if planning of applying for return of PR visa), but would that affect me and my daughters, or would we be able to stay and live in Australia with our PR, and after 4 years apply for naturalisation and obtain citizenship then? Thank you.

    • admin says:

      Hi Anastasia,
      You should all enter Australia before the first entry date to ensure you comply with that visa condition.
      After that, you and your children can maintain permanent reidence without your partner’s presence in Australia. You and your children can also obtain citizenship without your partner’s presence.
      Feel free to contact us at [email protected] to discuss this further.
      Kind regards,
      Hannan Tew

  • Khushnuma Master says:

    Hi, I got my PR in 2018 on my ex husbands Skilled Worker status, and since 2017-2019, I shuttled back & forth to India, due to my father’s ill health. This period also served as separation period and we officially got divorced in 2021.

    Due to the Pandemic and the borders being shut indefinitely, I could not return back to Australia. My PR validity is until Nov 2023. I intend to be in Australia by early June 2023.

    I’m worried about retaining my PR status, what is the process? And also about applying for RRV. Does my divorce and current situation affect any of this?

    Hoping to hear back from you and for your guidance. Thank you.

    • admin says:

      Hi Khushnuma,
      You can enter Australia as long as you PR travel facility is valid (up to November 2023). You can also remain in Australia after that date without further action (though you’ll need to obtain a RRV to travel).
      Feel free to contact us at [email protected] to discuss this in more detail.
      Kind regards,
      Hannan Tew

  • Rico says:

    Hello there.
    Could I please ask some questions regarding my marriage and visa status?
    I got my permanent residency in 2020, through partner visa. However, we have decided to part ways and officially divorced last year. My now ex-wife is an Australian citizen.

    How can I report my marital status in Australia? Do I need to get any legal documentation stating that I have divorced?

    Does this have any affect on my current visa status?

    Thanks so much for your help

    • admin says:

      Hi Rico,
      From an immigration point of view, if you have had a relationship breakdown after your permanent residence was granted there is no issue in relation to your visa status.
      Regarding your divorce evidence, this is more a family law question, but you can access a divorce certificate from here if the proceedings have been concluded: https://www.fcfcoa.gov.au/hdi/fl/prove-divorce
      Hope that helps,
      Hannan Tew

  • Maddy White says:

    Hi my ex partner has been granted an 820. We split up and he has gone to a new agent and she knows we are split up but is lodging the 801 anyway or second stage. I found this out through a friend. What should I do. Can this. E done without my consent ?

    • admin says:

      Hi Maddy,
      In these circumstances, the main thing you can do is notify the Department of your change in circumstances (ending the relationship).
      You can do so here, but feel free to contact us at [email protected] if you would like our assistance.
      Kind regards,
      Hannan Tew

  • Danny says:

    Hi everyone,

    On the 16th of August 2023, my wife left me, even though I had sponsored her for permanent residency. We had been married for 2 years. I came home one day to find that she had left and received a WhatsApp message from her stating that she wanted a separation, didn’t want to have children, and asked me not to contact her again. I was in a state of shock and didn’t know how to react.

    I was advised to contact the Australian Department of Home Affairs as soon as possible regarding my situation, but unfortunately, I didn’t. As a result, she obtained her permanent residence on the 29th of August 2023.

    On the 18th of September 2023, I received an email from her divorce lawyer, requesting documents for separation.

    I finally called the Department of Home Affairs to inform them about my situation, and they advised me to fill out the partner processing inquiry form, which I promptly did.

    I also reached out to the immigration agent when she left me, but they started speaking to me in Spanish, as my wife is Colombian. I requested them to call me back, but I received no response.

    It feels like they were all involved in this, and the Latin American immigration agent was working in her favor to help her obtain permanent residency.

    I’m at a loss about what to do or think in this situation. What should I do or what can I do?

    • admin says:

      Hi Danny,
      I’m sorry to hear about your situation.
      In general, there is no further obligations for you, but you are impacted by certain sponsorship bars going forward.
      If you’d like to discuss this further, feel free to contact us at [email protected].
      Kind regards,
      Hannan Tew

  • Dil Ferndz says:

    My husband was previously married and stayed in Australia for 4 years under his ex-wife’s dependent visa and after four years he applied for a temporary visa and stayed there for two years under that visa till 2021, he has never been back to Australia after 2021. Now he is married to me and I am about to apply for a student visa for Australia, so can I get dependent visa for my husband under my student visa?

    • admin says:

      Hi Dil,
      We’ll need more information to advise on eligibility, but feel free to contact us at [email protected] to discuss.
      Kind regards,
      Hannan Tew

      • Musarrat says:

        Hi admin ,
        I am currently on visa 485 which is expiring in the end of this year . We have applied for partner visa 820 two months ago . My partner is Australian citizen and we are expecting a baby very soon . Our relationship is falling apart . And she continuously threat me that she will withdraw her sponsorship . And keep complain for everything which is giving me anxiety and depression .

        I am very worried about my visa situation . I am wondering what are my opinion . Am I still eligible for partner visa 820? And what are my options in order to stay in Australia and able to fulfil my obligations as a parent .

        • admin says:

          Hi Musarrat,
          In short, unless there is domestic violence or access rights issues in relation to a child, your Partner visa would not ordinarily be gratned if your relationship breaks down.
          The situation can be complex, so if you’d like to discuss further, please contact us at [email protected].
          Kind regards,
          Hannan Tew

  • Deepu says:

    Hi,
    I sponsored my ex-partner but we got separated Oct 23.
    I do have new partner now who I want to sponsor in the future. It will be 5 years from the first sponsorship application date on April 2025.
    I will file for divorce on Oct-Nov 24 which I am hoping to be finalised by Feb-March 25.
    My question is can I file for prospective 309 visa before the divorce is finalised, may be around Nov-Dec 2024?
    Thank you.

  • RAJE SANI says:

    Hi i am on 491, and my wife came on 491 SE VISA, now just 2 months ago, she wants separation, i spent all the money to bring her here and now she wants separation, anyway my question is she can stay on 491 visa or she has to apply any other visa. like
    domestic violence
    student visa
    protection visa

    • admin says:

      Hi Raje,
      There’s no condition on her 491 visa obligating her to be in a relationship with you, so generally speaking, yes, she can remain in Austrlia on the 491 visa even if you separate.
      Feel free to contact us at [email protected] if you’d liek to discuss further.
      Kidn regards,
      Hannan Tew

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