If your relationship with your partner has ended you have an obligation to inform the Department of Immigration about the change in your circumstances. It is also important to advise the Department of Immigration of your new address and contact details.

If you do not advise the Department of Immigration of the change in your circumstances your application may be refused without you having the opportunity to explain what has happened.

You may continue to be eligible for a permanent visa if one of the following circumstances applies to you:

  1. If you have experienced family violence from your sponsor during your relationship; or
  2. If you have a child in the relationship; or
  3. If your sponsor has died.

If the above circumstances do not apply to you it might be possible to apply for another visa which might permit you to remain in Australia.

You should seek legal advice as soon as possible if your relationship has broken down.

The Family Violence Provisions

The “Family Violence Provisions” of the Migration Regulations are intended to ensure that visa applicants do not feel compelled to remain in an abusive relationship in order to maintain their residence in Australia. If you have experienced family violence in your relationship you might still be able to apply for a permanent visa even if your sponsor has withdrawn their support for your visa application.

Who can apply?

The Family Violence Provisions apply to you if:

  • You have applied for a Partner (subclass 820/801) visa or are in Australia as the holder of a Partner (subclass 309) visa; or
  • You hold a Prospective Marriage (subclass 300) visa and have married your sponsor.

What is family violence?

Family violence is any behaviour that makes you reasonably fear for your safety and wellbeing. This includes both actual or threatened behaviour towards:

  • you or your property
  • a member of your family or their property, or
  • a member of your former partner’s family or their property.

Family violence is not just physical abuse or harm. It can also include psychological abuse or harm, forced sexual relations, forced isolation, controlling money and dowry-related abuse.

Can I apply under the Family Violence Provisions if I am still living with my partner?

The Family Violence Provisions are only engaged “when the relationship between the applicant and the sponsoring partner has ceased”. If you continue to live together you will need to demonstrate that you are no longer in a spousal or de-facto relationship.

Child of the relationship

If you are in Australia as the holder of a Temporary Partner (subclass 309) visa or if you have already applied for a Partner (subclass 820/801) visa and your relationship with your sponsor has broken down you might still be eligible for a permanent visa if you and your sponsor have joint custody or joint access in relation to a child or if your sponsor has formal maintenance obligations towards your child.

You can usually satisfy this requirement by providing the Department of Immigration with your child’s birth certificate which shows your name and your sponsor’s name.

Sponsor has died

If your partner has died and you have evidence that your relationship would have continued if the death had not occurred, the DHA will grant you a Permanent Partner Visa.

In keeping with the provisions for relationship breakdowns where there are Australian children or domestic violence allegations, Permanent Partner Visa grants are only available to Subclass 820 and Subclass 801 (Onshore partner visas) and Subclass 309 (Offshore Provisional Partner) visa holders.