Breakdown of relationship – Partner visas (subclass 820/801, 309/100 and 300)
What happens if your relationship with your sponsor for a partner visa has broken down? The answer is: You may continue to be eligible for a permanent visa if one of the following circumstances applies to you:
- If you have experienced family violence from your sponsor during your relationship; or
- If you have a child of the relationship; or
- If your sponsor has died.
The regulations and the policies in this area are very complex. We hope this article may give you an overview of the various scenarios. However we strongly suggest you should speak to our registered migration agent as soon as possible if your relationship has broken down.
1. The Family Violence Provisions
The “Family Violence Provisions” of the Migration Regulations are intended to ensure that visa applicants do not feel compelled to remain in an abusive relationship in order to maintain their residence in Australia. If you have experienced family violence in your relationship you might still be able to apply for a permanent visa even if your sponsor has withdrawn their support for your visa application.
Be confident to say “No” to family violence!
What is family violence?
Family violence is any conduct, whether actual or threatened, that causes the victim to be fearful or apprehensive about their own wellbeing or safety. Family violence is not limited to physical violence. It can include a wide range of behaviour such as:
- sexual abuse or mistreatment;
- psychological and emotional abuse;
- financial abuse (such as controlling access to money);
- controlling and manipulative behaviour (such as preventing you from leaving the house or preventing you from working, studying or learning English);
- stalking you;
- threatening to hurt members of your family or your pets; and/or
- damaging property.
Under the Migration Regulations, the “alleged victim” can be you, your child or your sponsor’s child (depending on their age and circumstances).
Who can apply for PR due to family violence?
If you wish to apply for permanent residency based on family violence ground, you will need to be in one of the following visa scenarios:
- You have applied for a Partner (subclass 820/801) visa, or
- You are in Australia as the holder of Partner (subclass 309) visa, or
- You hold a Prospective Marriage (subclass 300) visa and have married your sponsor
Proof of family violence
Please contact our registered migration agent for a confidential discussion to assess your specific circumstances.
2. Child of the relationship
If you are in Australia as the holder of a Temporary Partner (subclass 309) visa or if you have already applied for a Partner (subclass 820/801) visa and your relationship with your sponsor has broken down you might still be eligible for a permanent visa if you and your sponsor have joint custody or joint access in relation to a child or if your sponsor has
formal maintenance obligations towards your child.
3. Death of Sponsor
If unfortunately your sponsor died before you receiving the permanent residency, you will generally have to demonstrate the following :
- You would have continued your spousal or de facto relationship with your sponsor had the sponsor not died; and
- You have developed close business, cultural or personal ties with Australia
- If you are still holding the 300 prospective marriage visa, you have married the sponsor before the death.
What if your partner visa is refused or cancelled due to the breakdown of relationship?
If your visa is either refused or cancelled unfortunately, you may still be entitled to request to have that decision reviewed at the Administrative Appeals Tribunal. You should seek legal advice as soon as possible as strict time limits apply.
Need help with your applications? Contact us today!
Partner visas can be very complex and our team at Ausdirect Migration is experienced in complex cases as follows:
- Applicant does not hold a substantive visa to apply for Subclass 820/801 Partner visas onshore in Australia;
- Relationship with sponsoring Australian spouse/partner ceased due to family violence committed by the sponsor;
- Relationship with sponsoring Australian spouse/partner ceased and has parental responsibility for a child;
- Sponsoring Australian spouse/partner passed away before obtaining a permanent partner visa;
- Sponsoring Australian spouse/partner who previously married unable to complete divorce proceeding before sponsoring new partner;
- De facto relationship of less than 12 months.
Contact Ausdirect Migration today at 1800 462 188 to discuss how we can best assist you securing your permanent residency.