Implications of a relationship ending on a Partner visa in Australia

Navigating the complexities of partner visas in Australia can be daunting, especially when faced with the uncertainty of a relationship ending unexpectedly. Partner visas are exclusively granted to genuine and committed relationships. However, we recognise that not all relationships unfold as anticipated, for various reasons. If you find yourself on a partner visa and your relationship comes to an end, it's crucial to understand your rights and options. Our Australian Migration Lawyers understand the stress and confusion this situation can bring. That's why we're here to guide you through the implications and potential pathways forward.

持有伴侶簽證期間終止關係的後果取決於簽證是臨時的還是永久的，以及分手背後的原因，正如內政部所承認的那樣。如果關係破裂與該部公認的原因之一相一致，則其影響可能會有所不同。

For temporary partner visas, if the relationship breakdown doesn't fall within the Department's accepted reasons, the visa holder may be required to leave Australia unless an alternative visa is secured. Conversely, holders of permanent partner visas generally have the right to remain in Australia, irrespective of their relationship status.

It's essential to recognise your obligations regarding notifying the Department of Home Affairs of any changes to your relationship status. Failure to do so can have serious implications for your immigration status. Our team is here to provide clarity and support during this challenging time. We can help you understand your options for alternative visas and assist you in navigating the Department of Home Affairs process.

Impact of Visa Type on Relationship Breakdown

你們關係終止的影響取決於所持有的簽證：

永久伴侶簽證（801/100類）

If you are the holder of a permanent partner visa, either subclass 309 or 100, then your right to stay in Australia is permanent. This means that it is not dependent upon your relationship continuing. Therefore, if your relationship does end, you are not required to notify the Department and you can continue living in Australia.

臨時簽證（820/309類）

如果你們的關係在持有 臨時伴侶簽證期間結束，你的簽證有可能被撤銷。您的主要責任是將您的關係狀況的變化通知內政部。下面，我們概述了通知該部門應遵循的步驟。

Once you've informed the Department, they will provide an opportunity for you to explain your circumstances. They will then assess whether the cause of your relationship breakdown aligns with their accepted reasons. You'll need to substantiate your claim with evidence, which will undergo a thorough evaluation.

如果移民局認為您的解釋和證據令人滿意，您可能有資格獲得永久簽證。但是，如果您的解釋或證據不符合他們的標準，該部門可能會繼續進行簽證取消程式，這可能會導致您離開澳大利亞。勤奮地處理這個過程並在需要時尋求專業指導至關重要。

通知內政部

Partner visas require proof that a relationship is ‘genuine and continuing. If this changes, and your relationship is no longer genuine or continuing, then you are required to notify the Department of Home Affairs immediately. This is because, without this criterion being met, you are no longer eligible for the visa that you hold.

您可以通過多種方式將您的情況變化通知該部門：

• 最簡單的方法是在ImmiAccount的“更新詳細資訊”選項卡中填寫關係終止通知表。
• 或者，您可以通過提交情況變更表（表格 1022）通過電子郵件通知他們。

必須立即將這一變化通知該部門。如果你們的關係被證明不再真實，並且您沒有通知移民局，那麼您的簽證可能會被取消，而不會給您任何解釋情況的機會。

Options to remain in Australia: The step-by-step process

在您通知該部門您的情況發生變化后，根據您的個人情況，您有可能以永久簽證留在澳大利亞。可以接受以下情況：

1. You are experiencing domestic and family violence.
2. You have a child with your sponsor.
3. Your partner dies.

如果其中一種情況適用於您，則您需要向該部門提供解釋和證據。在您通知部門您的情況變化后，您將收到回復邀請 - 通常在 28 天內。欄出的每個類別都有單獨的要求：

家庭暴力

If you are in danger, please call the Police on 000. They can help you in an emergency if your life is in danger. You can also call 1800RESPECT for free, over-the-phone counselling services. Domestic and family violence is a matter that is taken very seriously and ensuring your safety is a matter of first priority. It is important to clarify that your partner can not cancel your visa, even if they threaten it.

If you are safe and under no immediate risk of harm, but you have been the victim of domestic or family violence, then you may notify the Department of the change in your relationship status. You will be asked to provide evidence of your circumstances. Domestic and family violence does not have to be physical violence, but includes any behaviour that places you in fear of you or your family’s safety. The following list provides some examples of family violence:

財務濫用：

Financial abuse is a behaviour limiting your access to money.

它可以包括：

• 控制錢，這樣你就依賴他們
• 強迫您簽署貸款或合同
• 詢問您購買或花錢的地方
• only giving you money for purchases they agree to, or requiring receipts or proof of purchase for items
• 違背您的意願或在您不知情的情況下將聯合財務用於個人用途
• 產生債務，您也有責任
• 以您的名義招致罰款——包括超速、收費公路、停車罰款等
• not allowing you to work, so you are unable to have an income of your own
• 與嫁妝有關的虐待——包括聲稱嫁妝沒有得到支付，以及脅迫要求更多的金錢或禮物。

After submitting the change in circumstances form online for your Partner visa and sponsorship application, your partner will be automatically disconnected from all of your ImmiAccounts. This includes:

• Detachment from both your former partner's and migration agent's accounts
• Prioritising your safety and privacy

The form will prompt you to indicate the cessation date of your relationship with your partner. Additionally, it will inquire whether you have encountered family violence or have children with your sponsor. If both circumstances are applicable to your situation, it is crucial to select both the family violence and children of the relationship options on the form. This step ensures that your application is promptly removed, as selection of the family violence option alone triggers the automatic removal.

It is advisable to create a new ImmiAccount, using an email address inaccessible to your former partner. Subsequently, we will reach out to facilitate the transfer of your application to your new ImmiAccount. For this, we will require your:

• New ImmiAccount username
• Email address for this purpose

When asked to provide an explanation of your reason for separation, you will then be required to submit evidence of the violence, such as:

• medical reports
• police records that support claims of family violence

Professionals like social workers and psychologists may also provide evidence, assessing the consistency of claims and identifying perpetrators. Education professionals can offer observations aligned with the victim's claims, highlighting details and identifying alleged perpetrators to strengthen the case.

如果移民局對您提供的資訊感到滿意，那麼您可能仍然有資格獲得永久簽證。

For onshore Subclass 820 Visa applicants or holders, establishing a claim of domestic violence may lead to the grant of a Permanent Partner Subclass 801 visa. However, for offshore Subclass 309 applicants awaiting visa approval, even with a domestic violence claim, the visa won't be granted until the Subclass 309 is approved. Similarly, holders of Subclass 309 visas in Australia awaiting the Permanent Partner Visa – Subclass 100 may be granted the visa upon establishing a domestic violence claim.

您與擔保人有一個孩子

If you have had a child with your sponsor, but your relationship is no longer continuing, you may still be eligible for Permanent residence in Australia. To qualify under this category, you must have parental responsibility for at least one child under 18 years of age. Additionally, you will need to provide evidence that the applicant is the parent of the child. This may be in the form of a birth certificate or any family court orders that concern the child. If the Department accepts your evidence, you may be granted permanent residence.

你的伴侶去世了

如果擔保您簽證的伴侶已經去世，您可能仍然有資格獲得永久居留權。但是，您需要證明如果他們還活著，你們的關係會繼續下去。您還需要通過死亡證明提供死亡證據。儘快將死亡情況通知該部門很重要。

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可能的簽證取消

If your relationship is no longer ‘genuine and continuing’, then there is a possibility that your visa may be cancelled. As explained above, there are a number of reasons that permit temporary visa holders to continue on their path to attain permanent residence, even after their relationship has broken down. However, whilst these circumstances can be common, they do not apply to everyone. If your circumstances do not meet the exempt criteria, then it is unlikely that you will be able to retain your temporary visa, and you may be asked to:

• 申請新簽證
• 或者制定離開澳大利亞的旅行計劃。

If you believe that your application was incorrectly decided, you might be able to seek review of the decision at Australia’s administrative review tribunal or, further, at the Federal Court. It is imperative to engage an Australian Migration Lawyer through this process.

申請其他簽證

In the event that your partner visa is cancelled, and you are not eligible for a permanent partner visa under one of the categories listed above, you may seek to apply for a different visa. It is not uncommon for applicants to do this, as many have established a meaningful life in Australia and do not seek to return to their home country. Some of the visa options you may consider applying for include:

• 學生簽證
• 技術移民簽證
• 打工度假簽證
• 保護簽證

一旦您申請了其他簽證，您將獲得過橋簽證，允許您留在澳大利亞，直到您的申請被考慮。

如果你們的關係已經結束，並且您持有伴侶簽證，請尋求法律建議

If your relationship has ended and you hold a partner visa, it is important to seek legal advice. It is not uncommon for people to notify the Department that their relationship has ended without their knowledge. Resultantly, you may be caught unaware when the Department may then issue you a letter asking you to explain your circumstances. There are tight time frames in which you are required to respond to these requests, and failure to comply may result in visa cancellation. Engaging a lawyer will ensure that the information you provide is satisfactory to meet the Department’s standards and give you the best chance possible of retaining your visa.

當您在持有伴侶簽證期間的關係結束時，聘請澳大利亞移民律師是無價的。我們的團隊將提供移民法方面的專業知識，提供量身定製的建議，協助準備檔，並代表您與移民當局進行溝通。在我們的支援下，您可以有效地應對簽證要求，增加您保留簽證的機會並減輕整個過程中的壓力。

常見問題

What happens if my partner’s relationship ends while on a temporary visa?

If your relationship ends while on a temporary partner visa (subclass 820 or 309), you must notify the Department of Home Affairs. Unless you qualify for permanent residency under special circumstances (such as family violence, having a child with your sponsor, or the death of the sponsor), the Department may cancel your visa and you may need to leave Australia or apply for another visa immediately.

Can I stay in Australia if my relationship ends, but I have a child?

Yes, if you and your sponsoring partner have a child together and you have ongoing parental responsibility or involvement, you may still be eligible for a permanent partner visa even if the relationship ends.

What evidence is needed to prove domestic violence to the Department?

The Department of Home Affairs accepts both judicial and non-judicial evidence, such as:

• Court orders (intervention or protection orders) under the state or territory law
• Police reports corroborating the domestic violence
• Assessments from qualified professionals (for example, doctors, psychologists, or social workers)

Do I need to inform the Department if my partner dies?

Yes. You must notify the Department of Home Affairs immediately if your sponsoring partner passes away. In many cases, you may still be eligible for the permanent partner visa, provided the relationship was genuine and continuing at the time of your partner’s death.

Why should I contact a migration lawyer after a breakup?

A relationship breakdown can place your visa status at risk, particularly if you are on a temporary visa. A migration lawyer can:

• Assess whether an exception applies to your case
• Advise you on alternative visa options
• Help you notify the Department correctly
• Reduce the risk of your becoming unlawful

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預約諮詢

如果您有興趣獲得有關簽證的更多資訊，請聯繫澳大利亞移民律師進行諮詢。

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