A relationship breakdown can bring unexpected changes, especially when your immigration status is tied to it. If you’re in Australia on a partner visa, such as a subclass 820 or subclass 309 visa, and your relationship ends, it’s normal to wonder what happens next.
You might be wondering:
- Can my ex cancel my Australian partner visa?
- Will the Department of Home Affairs cancel my visa automatically?
- What if there’s been family violence? Do I have any rights?
- What happens if the sponsor passes away?
- What about my Australian child? Will that help me stay?
These are valid and important questions. Australian immigration law does have clear guidelines for situations like this, and there are still options available, depending on your circumstances.
In this blog, we’ll cover what happens when a partner visa relationship ends, your possible visa options after separation, and what steps you can take afterwards.
What You Need to Know After a Partner Visa Ends Due to a Breakup in Australia?
If your relationship ends while you're on a partner visa, whether you're holding a subclass 820, 309, or waiting for your permanent partner visa (subclass 801 or 100), it's essential to understand how this affects your visa status. Here's what you need to know:
1. Your Partner Cannot Cancel Your Visa
It’s a common misconception, but let’s be clear: your partner or sponsor does not have the power to cancel your visa. Only the Department of Home Affairs (DHA) can do that, and they must follow a formal process before making any decision.
What your partner can do is inform DHA that the relationship has ended or withdraw their sponsorship. Once that happens, DHA will review your case and assess whether you still meet the visa criteria or if an exception applies.
2. You Must Notify the Department of Home Affairs (DHA)
It’s your legal obligation to inform the Department of Home Affairs if your relationship ends. This applies even if your visa hasn’t been granted yet. Failing to do so can impact your future immigration status.
3. Your Visa May Be at Risk of Cancellation
If you’re on a temporary partner visa (subclass 820 or 309), your visa could be subject to cancellation once DHA is notified. However, it doesn't happen automatically. You’ll usually receive a letter asking for more information about your circumstances and giving you an opportunity to respond.
4. You May Still Qualify to Stay in Australia
There are exceptions where you may still be eligible to stay in Australia and continue with your partner visa application, even after a breakup. These include:
- If domestic or family violence occurred during the relationship (judicial or non-judicial evidence can be used)
- If you share parental responsibility for an Australian child
- If your sponsor has passed away after the visa was lodged
These are known as partner visa domestic violence exceptions and special provisions in Australian immigration law.
5. You Can Respond to DHA's Letter
If you receive a notice from DHA, you’ll have a chance to respond and present your case. Whether it’s providing evidence of family violence, proof of parenting responsibilities, or details around the sponsor’s death, your reply can determine your visa outcome.
6. You Should Seek Legal or Migration Advice
Situations like this can be complex. Whether you’re exploring your partner visa options after separation, facing possible 820 visa cancellation, or trying to stay onshore after a subclass 309 relationship breakup, professional guidance from a registered migration agent or immigration lawyer is highly recommended.
What Can You Do After Your Partner Visa Is Cancelled And Your Possible Options?
If your partner visa is cancelled by the Department of Home Affairs (DHA) after a relationship breakdown, it can feel like everything is up in the air. But depending on your circumstances, you may still have options to stay in Australia legally. Here's what you need to know:
1. Understand Why Your Visa Was Cancelled
First, carefully review the visa cancellation notice. DHA usually issues this under Section 116 of the Migration Act, which allows cancellation for reasons like the end of a relationship or failure to meet visa conditions.
Common reasons for partner visa cancellation after separation include:
- Your sponsor withdrew support
- Your relationship no longer meets the criteria
- You failed to notify DHA about the breakup.
2. You May Have the Right to Appeal
In many cases, you can appeal to the Administrative Review Tribunal (ART). This gives you the chance to present new evidence or correct any misunderstanding. You typically have 7 days from the date of cancellation to appeal.
3. Consider Other Visa Options After a Partner Visa Is Cancelled
Depending on your situation, here are some partner visa alternatives or pathways you may explore:
- Protection Visa: If there was domestic or family violence, and you fear harm if you return to your home country, you may be eligible to apply for a Protection Visa.
- Parenting or Family-Based Visas: If you have shared custody or full parental responsibility for an Australian child, you may qualify for a different family visa.
- Student Visa or Skilled Visa: You may be eligible to apply for a student visa (subclass 500) or a skilled visa if you meet the points criteria and occupation list.
- Bridging Visa E (BVE): If your visa has expired or been cancelled and you need more time to make arrangements or lodge an appeal, you may be granted a BVE to remain lawfully in Australia during that time.
- Partner Visa (New Application): In rare cases, if your previous visa was cancelled but you’ve since entered a new eligible relationship, you may be able to lodge a new partner visa application (subclass 820 or 309).
4. Seek Professional Immigration Help Immediately
After a cancellation, timing is critical. You may need to respond quickly, especially if you plan to appeal or explore new visa options. A registered migration agent or immigration lawyer can help you assess eligibility, compile documents, and deal with DHA correspondence effectively.
Final Thoughts!
A relationship breakdown can be emotionally and legally complex, especially when you’re holding a partner visa like the subclass 820, 309, or waiting on your permanent 801 visa.
But navigating this process on your own can be overwhelming. Every case is different, and the outcome often depends on how clearly and quickly you respond.
If you need professional guidance on how to respond to a partner visa breakup, submit evidence to DHA, or explore visa options after separation, the team at Visafast Migration Consultancy is here to help. We specialize in complex partner visa matters and can assist you with appeals, reapplications, or securing your legal stay in Australia.
Contact Visafast Migration Consultancy today and take the right next step for your future in Australia.
Frequently Asked Questions(FAQs)
How to Respond to a DHA Letter After Breakup?
If the Department of Home Affairs (DHA) contacts you after your relationship ends, they’re likely assessing your eligibility to stay in Australia under the partner visa program.
To respond:
- Reply within the given timeframe (usually 28 days).
- Provide a written explanation properly.
- Submit supporting documents if applicable (e.g., proof of parenting responsibility, domestic violence evidence, or sponsor’s death).
- Seek advice from a migration agent to ensure your response is complete.
How to Prove Domestic Violence for a Partner Visa in Australia?
If you're relying on the domestic violence exception under the partner visa in Australia, subclass 820 or 309, you must provide:
- Judicial evidence (e.g., court orders, convictions, or AVOs)
OR - Non-judicial evidence (e.g., statutory declarations from professionals like doctors, psychologists, or police)
DHA considers both types of evidence when reviewing a claim of family violence and visa protection.
Partner Visa Granted After Sponsor's Death in Australia
If your partner visa sponsor has passed away, you may still be eligible for your visa to be granted, even after their death, if:
- The visa application was lodged before the sponsor’s passing
- You can prove a continued connection to Australia (e.g., community ties, property, children). This is applicable under subclass 309, 820, or 801, depending on your stage in the process.
What Are the Australian Partner Visa Rights After a Breakup with a Child?
If your relationship ends and you share parental responsibility for an Australian child, you may still qualify to stay in Australia on your partner visa.
- You must show evidence of shared care (e.g., court orders, custody agreements, or school records)
- DHA considers the best interests of the child when reviewing your case
This applies to subclass 820 and 309 visa holders, and can help prevent visa cancellation after separation.
What Are the Options if the Subclass 820 Relationship Ends Before Approval?
If your subclass 820 partner visa relationship ends before the visa is approved, DHA may still allow your application to proceed if:
- There was domestic violence during the relationship
- You have a child with your sponsor
- The sponsor has died
If none of these apply, your visa application may be refused, but you can explore alternatives like a student visa, skilled visa, or appeal the decision through the Administrative Review Tribunal (ART).
Disclaimer: This article is for general information purposes only and does not constitute legal or immigration advice. Immigration laws and policies may change over time, so we strongly recommend consulting a registered migration agent or legal professional before making any visa application.
