Will A Relationship Breakdown with My Partner Cancel My Australian Visa?
Applying for a visa can be challenging, especially if your circumstances have changed, such as if you and your partner have decided to break up and separate for good. You must have worries about your visa, especially if you are dependent on your partner’s visa. Whether your visa will be affected largely depends on the type of visa you hold and when the separation occurs in relation to your visa grant.
Primary/Secondary Applicant Scenarios for Visa Subclass 189, 190 and 491
Before visa grant:
For visa subclasses under the General Skilled Migration (GSM):
If you are a secondary applicant on a partner’s GSM visa and you break up before the visa is granted, the visa application may be refused. Especially for point-test visas, the primary applicant relies on your skills and/or English proficiency for additional points; hence, separating could lead to not meeting the visa eligibility as those points are lost.
Related: Don’t Lose Your Points! The Importance of Updating Your EOI
After the visa grant:
Once these permanent visas (subclasses 189 and 190) are granted, they remain independent of relationship status. This also means that a relationship breakdown does not result in a visa cancellation, as the visa is yours to maintain.
For provisional visas (subclass 491), it will remain valid and if you meet the condition independently for permanent residency (PR) under Permanent Residence (Skilled Regional) visa (subclass 191), you may apply for it.
What about Temporary Visas After the Grant?
Temporary visas, such as Student visas (subclass 500), Graduate Temporary visas (subclass 485), or Skills in Demand (SID) (subclass 482), etc., may be cancelled if you are a secondary applicant and notify the Department of Home Affairs (DoHA) of a change of circumstances.
Partner Visa Scenarios (Subclass 820/801 or 309/100)
Before Visa Grant:
If a relationship breakdown occurs before the partner visa is granted, the application will be withdrawn or refused.
However, there are exceptions to continue for a pathway to PR, which are:
The applicant experiences family violence/domestic abuse.
Your partner has deceased.
Related: Family Violence Provisions to Extend to More Visas
After Visa Grant:
As there are two stages for partner visas, the temporary stage (SC820/309) and the permanent stage (SC801/100):
Once the permanent stage (SC801/100) is granted, these visas secure your status, and separation does not affect your PR status.
If you separated before transitioning to a permanent visa, your temporary SC820/309 visa may be cancelled unless you meet the exceptions stated above.
How Can Agape Henry Crux Help
If you have any worries about your visa after your relationship breakdown, there may be alternative pathways depending on your circumstances. Consult with an immigration lawyer for tailored guidance at Agape Henry Crux. Our team works with our Accredited Specialists in Immigration Law who specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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