If your Australian visa is granted on the basis of your romantic relationship with your partner, and your relationship has subsequently broken down, you may owe proactive duties to report the relationship breakdown to the Department of Home Affairs within 28 days of such occurrence. Depending on which visa, you will need to take timely and relevant actions.
Relationship Breakdown for a Permanent Partner Visa (Subclass 100 or 801)
If you hold either subclass 100 or 801 visa, and your relationship breaks down after the grant of either visa, your visa will not be affected. However, if your relationship had broken down prior to the grant and you had not notified the Department of the break down, you are at risk of the visa cancellation. The basis for this visa cancellation arose from section 116 of the Migration Act.
Relationship Breakdown for a Partner Visa (Subclass 300, 309 or 820)
As a general rule, these visas are contingent upon the relationship being continuing. In the event of the breakdown, these visas will be cancelled. You would need to consider applying for a new visa, or make travel plans to leave Australia.
However, exceptions exist where:
- You had been a victim of domestic violence during the relationship; or
- Your partner had passed away, and at the time of his or her passing he or she had a clear intention that could be demonstrated with evidence of his or her commitment to the relationship with you; or
- You have a minor child with your Australian partner over whom you have parental responsibility and custody.
Relationship Breakdown for any other visa (Subclass 186, 189, 190)
These visas are permanent. Therefore, if the relationship breakdowns after the visa grant, your visa will remain in force despite the breakdown. However, if your relationship had broken down prior to the grant and you had not notified the Department of the break down, you are at risk of the visa cancellation pursuant to section 116 of the Act.
Relationship Breakdown for any other visa (Subclass 485, 500, 491)
When your relationship ends, you are no longer a dependant on your spouse or partner’s visa. To legally stay in Australia, you will need to either:
- apply for a new visa; or
- make travel plans to leave Australia
Relationship Breakdown for a NZ Family Relations Visa (Subclass 461)
If your relationship with your New Zealand citizen partner ends after the subclass 461 visa is granted, you may still be eligible for another 461 visa. Your first 461 visa is a temporary visa, valid for a stay of 5 years. You may stay in Australia for the duration of your first 461 visa, even if your relationship ends.
If your relationship has ended, you can apply for a further 461 visa in the following circumstances:
If you are in Australia:
- You hold a 461 visa and you have not become one of the members of the family unit of another person.
If you are outside Australia:
- You have been in Australia for at least 2 years in the past 5 years as the holder of a 461 visa; and
- You have substantial business, cultural, employment or personal ties with Australia that are of benefit to Australia; and
- You have not been away from Australia for more than 5 years.
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