Does Divorce Affect My Visa?
If you are in Australia on a partner visa and your relationship ends, you may be wondering what will happen to your visa status. Will you have to leave the country? Can you apply for a different visa? What are your rights and obligations?
Notify the Department of Home Affairs
The first thing you need to do after a break-up is to inform the Department of Home Affairs (the Department) about the change in your circumstances. This is a condition of your partner visa and it is in your best interest to do it as soon as possible. (Speak to the Migration Agent before doing so)
If you fail to notify the Department, you may face consequences such as cancellation of your visa, refusal of future visa applications, or removal from Australia.
You can notify the Department online through your ImmiAccount or by filling out Form 1022 Notification of changes in circumstances.
Prepare for possible visa refusal
If you are on a temporary partner visa (subclass 820 or 309), your break-up may affect the outcome of your permanent partner visa application (subclass 801 or 100). The Department will usually send you a letter asking you to explain why your application should not be refused. You will have 28 days to respond to this letter.
If you cannot provide a valid reason for your application to continue, the Department will refuse your visa and you will have 28 days to leave Australia or apply for another visa.
Explore other visa options
Depending on your situation, you may be eligible for other visa options that allow you to stay in Australia after a break-up. Some of these options are:
- If you or a member of your family unit have experienced family violence from your former partner, you may be able to continue with your permanent partner visa application. You will need to provide evidence of the violence and meet other criteria.
- Parental responsibility provision: If you and your former partner have shared parental responsibility for a child who is an Australian citizen or permanent resident, you may be able to continue with your permanent partner visa application. You will need to provide evidence of the child’s welfare and best interests.
- Death of partner provision: If your partner has died and you can show that your relationship would have continued if they had lived, you may be able to continue with your permanent partner visa application. You will need to provide evidence of the genuineness and continuity of your relationship.
- Other visas: If you meet certain requirements, you may be able to apply for another type of visa that suits your circumstances, such as a skilled migration visa, a student visa, or a working holiday visa. You will need to check the eligibility criteria and the application process for each visa.
Seek professional help
Navigating the immigration system after a break-up can be challenging and stressful. That’s why it is important to seek professional help from a Registered Migration Agent who can advise you on your options, assist you with your application, and represent you in case of visa appeals.
At SavieMEC Migration Consultants, we have extensive experience in helping people with their partner visa issues. We can help you with:
- Notifying the Department of Home Affairs about your break-up
- Responding to the Department’s letter asking for reasons not to refuse your visa
- Applying for the family violence, parental responsibility, or death of partner provisions
- Exploring other visa options that suit your situation
- Appealing against any adverse decisions by the Department in AAT
We offer a free initial consultation (Limited time only) and a fixed fee service. Contact us today to book an appointment with one of our friendly and professional Registered Migration Agent.
*Please Note: Partner visa Means Subclass 309/100 or Subclass 820/801, Other visas where you are accompanying a Student or Temporary Graduate Primary Applicant as his/her partner/spouse are not Partner visas , those are subsequent entrant or dependent visas.