Broke Up with Your New Zealand Citizen Partner, What Happens to Your Australian Visa?
A relationship breakdown can be a stressful process; it can also add complexity when your Australian visa is tied to the relationship. Suppose you are in Australia as the partner of a New Zealand citizen and your relationship has ended. In that case, it is important to understand how the breakdown may affect your ability to remain in Australia on your visa.
What Will Happen to My Visa After I Break Up with My New Zealand Partner?
Your option depends heavily on the type of Australian visa you hold and the stage of your visa application:
Partner visa (Subclass 820/801 or 309/100)
These visas are granted based on your genuine and continuing relationship.
Lodged a Partner Visa application and holding a Bridging Visa OR Holding a Subclass 820/309 Visa (Temporary Stage)
If your relationship breaks down,
before the Temporary stage (Subclass 820/309) is granted and you are currently holding a bridging visa; OR
if you are currently holding a Subclass 820/309 visa before your permanent visa (Subclass 801/100) is granted.
You may receive a Natural Justice (s57) letter to comment on your Partner Visa application. Due to not meeting the visa criteria, your SC820/801 or SC309/100 visa application may result in a visa refusal. This means that your Bridging Visa (if you are currently holding one) may cease after a specific period if no further action is taken.
If the reason for the breakup is due to family violence, you may be able to continue the Partner Visa application with the family violence provision.
Related: What Happens if I Don't Apply for the Partner Visa Second Stage (Subclass 801 or Subclass 100)
Holding a Subclass 801/100 (Permanent Stage)
If you have already been granted the permanent Partner Visa, your permanent residency (PR) status will generally not be affected by the relationship breakdown.
New Zealand Citizen Family Relationship (Subclass 461) Visa
The New Zealand Citizen Family Relationship (Subclass 461) visa is a temporary visa. You are eligible to apply for it if you are a New Zealand citizen holding a Special Category Visa (SCV) (Subclass 444).
If you have lodged a SC 461 Visa application and are holding a Bridging Visa, and if your relationship breaks down,
You may receive a Natural Justice (s57) letter to comment on your SC461 Visa application. Due to not meeting the visa criteria, your visa application may result in a visa refusal. You may have the right to seek merit review with the Administrative Review Tribunal (ART) to appeal the visa decision. This also means that your current Bridging Visa may cease after a specific period if no further action is taken.
Holding a New Zealand Citizen Family Relationship (Subclass 461) Visa
If you have already been granted the SC461 visa, your visa status will generally not be affected by the relationship breakdown.
If you remain single and not in a de facto relationship or marriage while holding an SC461 visa, you may be eligible to renew it again.
Related: I Missed the 28 Day Window to Appeal My Visa – What are My Options?
If You Hold Another Temporary Visa
If your visa (for example, student, work, visitor visas) was granted independently of your relationship, the breakdown of your partnership generally won’t affect that visa’s validity, as long as you continue to meet its other visa conditions.
However, suppose you were dependent as a secondary applicant under your partner’s visa application, and the relationship has broken down. In that case, you may need to seek an alternative visa pathway for yourself independently. Speak with an immigration lawyer if you are in this situation.
What Happens When your Visa Is Affected by a Relationship Breakdown?
If your visa is affected by a refusal, and you do not hold another valid substantive visa, you may become an unlawful non-citizen, risking detention, removal and deportation.
Additionally, you may face visa bans, which can complicate your future visa applications, such as the Section 48 bar, Public Interest Criteria (PIC) 4013 or Public Interest Criteria (PIC) 4014.
If you are in this circumstance, we highly suggest that you consider speaking with an Accredited Specialist in Immigration Law for tailored advice for your next steps.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
Facing Family Violence | What will Happen to Your Partner Visa?
I have a New Zealand Citizen Partner – What are My Australian Visa Options?
Do I Need a Lawyer for PR Stage Partner Visa (Subclass 801/100)?
How Can Agape Henry Crux Assist
If you are in a similar situation and have ended your relationship with a New Zealand citizen partner, consider speaking with one of our immigration lawyers at Agape Henry Crux. The team works closely with two of our Accredited Specialists in Immigration Law, Jason Ling and Angela De Silva, as they specialise in handling highly complex matters. You can schedule an appointment 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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