Relationship Breakdown and Your Australian Partner Visa

Look, if your relationship has ended and you are on a partner visa, I know exactly what is running through your head right now. Will I be deported? Do I have to leave everything behind? Is there any way I can stay?

Here is what our Melbourne immigration lawyers want you to understand: a relationship breakdown does not automatically mean you lose your right to remain in Australia. The law is strict, yes. But it also has compassionate pathways built in for situations exactly like yours.

You Must Notify the Department. But Do It Right.

If you hold a temporary partner visa (subclass 820 or 309) or a prospective marriage visa (subclass 300), you have a legal obligation to inform the Department of Home Affairs when your relationship ends. This is a formal visa condition. Ignoring it is not an option.

You can notify the Department through:

• Form 1022 (Change of Circumstances) submitted via email

• Your ImmiAccount using the "Notification of relationship cessation" feature

• The Department's online contact form

But here is the critical part: do not make this notification until you have spoken with an immigration lawyer. What you say and how you say it matters enormously for protecting your future options. Get advice first. Then notify.

You May Still Qualify for Permanent Residency

Even after your relationship has ended, you can still be eligible for a Permanent Partner Visa (subclass 801 or 100) if you meet one of three "prescribed circumstances".

1. The Family Violence Provisions

Australia takes domestic abuse seriously. The family violence provisions exist specifically so that visa applicants are not trapped in violent relationships just to maintain their immigration status.

Family violence is not limited to physical assault. It includes:

• Sexual, psychological, emotional, or financial abuse

• Controlling behaviour like preventing you from working or learning English

• Threats, intimidation, and coercion

You can prove family violence through judicial evidence (court orders, convictions) or non-judicial evidence. Non-judicial evidence typically requires your statutory declaration plus at least two items of evidence from different professionals: medical practitioners, social workers, counsellors, or police.

One thing to understand: the Department must first be satisfied your relationship was genuine before assessing your family violence claim. The order matters.

2. Children of the Relationship

If you and your former partner have a child together, you may still qualify for permanent residency. You will need to show joint custody, joint access, or formal maintenance obligations. Proof usually means a birth certificate naming both parents or a court order.

3. Death of a Sponsor

If your sponsoring partner passes away, you do not automatically lose your right to stay. You may be granted a permanent visa if you can demonstrate the relationship would have continued. If you hold an onshore 820 visa, you must also show you have developed close business, cultural, or personal ties to Australia.

What If You Already Have Permanent Residency?

If you have already been granted a subclass 801 or 100 permanent visa, your residency is secure. A relationship breakdown at this stage does not affect your status. You are generally not required to notify the Department unless it is discovered that your original application contained false or misleading information.

The Evidence Is Everything

These pathways exist. But accessing them requires strong evidence and careful preparation. I have seen cases succeed that looked impossible on paper. I have also seen straightforward cases fail because the evidence was not presented properly.

If the Department refuses your application, you typically have limited time to lodge an AAT appeal. Knowing your options before a decision is made puts you in a far stronger position.

What Should You Do Now?

If you are facing a relationship breakdown while on a partner visa, do not wait until things become urgent. Do not notify the Department without understanding your options. And do not assume you have to leave.

Book a free consultation with our immigration lawyers to discuss your specific situation. We will tell you exactly where you stand and what steps to take next.