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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.
持有伴侣签证期间关系终止的后果取决于该签证是临时签证还是永久签证，以及内政部认可的分手原因。如果关系破裂符合内政部认可的原因之一，则可能会产生不同的影响。
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.
关系终止的影响取决于持有何种签证：
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.
如果您在持有临时伴侣签证期间结束了关系，您的签证有可能被撤销。您的首要责任是将关系状态的变化通知内政部。下面，我们概述了通知内政部的步骤。
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.
如果移民部认为您的解释和证据令人满意，您可能有资格获得永久签证。但是，如果您的解释或证据不符合他们的标准，移民部可能会启动签证吊销程序，从而可能导致您离开澳大利亚。在此过程中务必谨慎处理，必要时寻求专业指导。
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.
您可以通过多种方式通知移民局您的情况发生了变化：
重要的是应立即将变化通知移民部。如果您的关系被证明不再真实，而您又没有通知移民部，那么您的签证可能会被取消，而您没有机会解释您的情况。
在您通知移民部您的情况发生变化后，根据您的个人情况，您有可能以永久签证留在澳大利亚。以下情况可能会被接受：
如果这些情况之一适用于您，那么您需要向该部提供解释和证据。在您通知移民部您的情况发生变化后，移民部将邀请您做出答复--通常是在 28 天内。每个列出的类别都有不同的要求：
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:
Financial abuse is a behaviour limiting your access to money.
它可以包括
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:
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:
When asked to provide an explanation of your reason for separation, you will then be required to submit evidence of the violence, such as:
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.
如果移民部对您提供的信息感到满意，那么您仍有资格获得永久签证。
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.
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.
如果为您提供签证担保的伴侣已经去世，您仍有资格申请永久居留。但是，您需要证明如果他们仍然在世，你们的关系会继续下去。您还需要提供死亡证明。请务必尽快将死亡通知移民部。
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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:
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.
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:
一旦您申请了不同的签证，您将获得过渡签证，允许您在澳大利亚逗留，直到您的申请得到审理。
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.
当您在持有伴侣签证期间结束关系时，聘请澳大利亚移民律师是非常有价值的。我们的团队将提供移民法方面的专业知识，为您量身定制建议，协助您准备文件，并代表您与移民局沟通。在我们的支持下，您可以有效地掌握签证要求，增加保留签证的机会，并在整个过程中减轻压力。
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.
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.
The Department of Home Affairs accepts both judicial and non-judicial evidence, such as:
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.
A relationship breakdown can place your visa status at risk, particularly if you are on a temporary visa. A migration lawyer can:
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