Australia Partner Visa: What to do if your relationship breaks down?

Australia Partner Visa: What to do if your relationship breaks down?

Do you know what’s worse than getting heartbroken after a relationship? Getting heartbroken after a relationship when waiting for your partner visa!

Yes, being in the queue for a partner visa or a prospective marriage visa is tiresome, to say the least. But the situation grows ten times more complicated if your relationship with your partner ends during the early stages of visa application. Maybe you were in the waiting queue, and your visa was supposed to be granted in a few weeks or so. Perhaps you were in the process of presenting your documents to the Department of Home Affairs.

Maybe you wanted to bring your parents with you but now, everything is complicated. Whatever the case may be, it’s undoubtedly confusing to deal with. In this blog, I will at least try to untangle the situation as much as I can. Here’s a small guide for partner visa holders whose relationship has just ended. 

Situation 1: Just A Normal Breakup

Let’s start with the most probable situation: Your relationship ended in a relatively normal way.

In this case (and any other case where your conditions are suddenly expired when applying for a visa), it is essential that you contact the Department and inform them of the situation. You must write them a letter in which you explain the relationship breakdown in detail. After receiving your letter, the Department may have to formally withdraw the sponsorship from the Australian citizen. The letter you write must be well crafted, and since you have about 28 days to send it, take your time to make your case as compelling as you can.

If your visa application case was a good one (complete documentation and no irregularities in the process), there’s hope that they would reconsider your case. If all goes well, you might be able to switch from your partner visa 820 or 300 to a skilled worker visa or even a student visa. 

Situation 2: Domestic Violence

This is a delicate subject and should be handled with care. If you or anyone you know suffers from domestic violence, contact the authorities immediately. However, if your sponsor is the cause of domestic violence, you don’t need to worry. You can still lodge for an onshore visa after reporting your situation to the Department.

Domestic violence could be a threat to you, a member of your family, your properties or your mental health. Moreover, if you have a child with your partner, your visa has ceased after marriage, or violence occurred before you could lodge for a visa extension, you are still viable for other visa extension options. If you feel powerless to appeal your case, try to find a lawyer to do that for you. Don’t worry. You most probably aren’t going to get deported because you had a bad sponsor. 

Situation 3: Death Of The Sponsor

Suppose this situation is true for you, sorry for your loss. I am sure this is a tough time for you right now, and the last thing you want is getting deported and not being able to at least mourn for your loved one. But there is still a chance to apply for different types of visas if your partner has passed away. Suppose you were in Australia when you applied for the partner visa (the onshore visa).

In that case, you might still be eligible for the Australian residency, especially if you show evidence that you would have continued to stay with your partner had they been alive. If you have established business or cultural connections with others, you have more of a chance to stay in Australia. If you applied for the visa in your own country (offshore partner visa), the first condition mentioned earlier would still apply to your circumstances. 

Conclusion

All in all, hope is not lost if your relationship with your partner has broken down. There are still options for your to gain a permanent visa. All you need to do is to prove your case to the Department and convince them to let you stay.

This process requires a fair bit of time and patience. It wouldn’t hurt to have better documents and ask for guidance from immigration agencies. And as always, please do your own research. Take no one’s words for granted.

Nirmal Anandh
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