Applying for a partner visa in Australia is a deeply personal and life-changing journey. Unlike other visa categories, this pathway relies heavily on proving a genuine and continuing relationship with your sponsoring partner. But what happens if your relationship ends before your visa is granted?
At NB Migration Law, we understand how stressful and emotional this situation can be. A breakup during the partner visa process raises complex legal issues, but it doesn’t always mean the end of your Australian dream. Here’s what you need to know — and the steps you should take if you find yourself in this position.
The Harsh Reality: Your Visa May Be Refused If the Relationship Ends
The Australian partner visa system is designed for genuine couples building a life together. If your relationship breaks down before the Department of Home Affairs makes a decision, your application is at risk of being refused.
However, the law recognises that not all relationship breakdowns are the same. In some cases, legal exceptions allow you to continue with your application. Understanding these exceptions could make all the difference to your case.
Breakup Scenarios and Possible Outcomes
1. No Children and No Special Circumstances
If you separate before your visa is granted and you have no children together, the Department is likely to refuse your application. In this case, it is crucial to seek legal migration advice immediately to explore other visa options before your current bridging visa expires.
2. Shared Children with Your Sponsor
If you and your partner share a child, the Department may still allow your application to proceed. You must provide strong evidence of shared parental responsibility, such as a birth certificate, parenting plan, or custody arrangements.
3. Relationship Breakdown Due to Family Violence
Australian migration law provides important protections for victims of family violence. If your relationship ended because of abuse, you may still be eligible for a partner visa. You will need to present compelling evidence such as police reports, medical records, court protection orders, or statutory declarations. Given the sensitivity of these cases, professional legal support is essential.
4. Sponsor Passes Away Before Decision
If your sponsor dies after you have lodged your application, compassionate grounds may allow your visa to proceed. You must show that your relationship was genuine and ongoing before your partner’s death.
After a Temporary Partner Visa Is Granted
Even after receiving a Subclass 820 Temporary Partner Visa, there are still risks if the relationship breaks down before the Subclass 801 Permanent Partner Visa is granted. In some cases — such as when there are children, family violence, or proof of a genuine and long-term relationship before separation — you may still qualify for permanent residency.
What to Do If You Break Up During the Partner Visa Process
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Seek Legal Advice Immediately — Every case is unique, and a migration lawyer can help you understand your rights and options.
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Notify the Department of Home Affairs — Failing to declare a relationship breakdown can lead to visa refusal or cancellation.
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Explore Alternative Visa Options — Depending on your circumstances, you may be able to apply for another visa type, lodge an appeal, or rely on exceptions such as family violence provisions.
Know Your Rights — You’re Not Alone
A breakup during the partner visa process can feel overwhelming, but it’s not the end of the road. Acting quickly, seeking expert advice, and understanding the partner visa breakup rules in Australia can significantly improve your chances of staying.
At NB Migration Law, we have guided many clients through complex and sensitive partner visa cases, including those involving relationship breakdowns, family violence, and compassionate circumstances.
📞 Contact NB Migration Law today for a confidential consultation and let us help you protect your future in Australia.