What Happens with Your Partner Visa If the Relationship Ended?

The Partner visa or Spouse visa allows you to become a permanent resident of Australia after completing your studies. You can apply for both the temporary and the permanent partner visas together. The partner visa application process usually includes two stages of obtaining a partner visa Australia. 

First, a person should get a provisional partner visa categorized under Subclass 820 for onshore and Subclass 309 for offshore applications. After the applicant is qualified for the provisional partner visa, they must stay in the country for a certain period. 

The partners are classified into two categories: Subclass 801 Visa for those with the subclass 820 visa and subclass 100visa for the subclass 309 visa holders.

Types of Partners Visa:

There are three different types of Partner visas. The Visa you apply for will depend on whether you are planning to marry or are already married and whether you are onshore or offshore. The three kinds of Visa are listed below:

• Prospective Marriage Visa (Subclass 300)
• Partner Visa Offshore (Subclasses 309 and 100)
• Partner Visa Onshore (Subclasses 820 and 801)

Permanent Partner Visa Holder can be Granted:

For the permanent partner visa holder some of the major advantages are listed below:

• You can stay in Australia indefinitely
• You can study in Australia
• You can work in Australia
• Apply for the Australian citizenship
• Receive some social security payments
• You can enjoy travel to and from Australia for maximum of five years from the date the visa is granted

Relationship Ended:

The end of the Relationship usually happens because of the following reasons:

• The end of the Relationship happens because of the death of the partner.
• Family violence is also the reason for the end of the Relationship

Death of the Partner:

To become eligible for the permanent partner visa, you must satisfy all the requirements for the permanent partner visa even after the death of your partner or after your partner sponsors Australia. If you have a partner visa 820, you should have already developed cultural or personal ties in Australia.

Family Violence:

Family Violence will be in the eyes of the migration laws, which allow the applicant to apply for a permanent Visa after the end of the Relationship, which occurs due to the commitment of the violence in the family by the sponsor. 

In most cases, it is not very important to display that the family violence has been the reason for the Relationship to end. This is because the victim is generally feared for self-being and safety threats and becomes apprehensive of the conduct of the act.

In many cases, the victim of family violence is the main applicant for the permanent partner visa. The holder of the Partner Visa subclass 309 shows that they suffered family violence after they entered Australia.

Your Relationship comes to an end; what to do Next?

Suppose your relationship breakdown occurs when you do not decide on your partner’s visa application. The initial step you must take is to hire a registered migration agent. In addition, you should also inform the department of Home Affairs about the changes in your relationship status. 

If you know that your relationship is going to end, and you don’t need to withdraw it, they will automatically reject your partner visa Australia application. After your information about your relationship changes, they will allow you to live in Australia for a limited period which is 28 days. At the end of this period, you should leave Australia unless you satisfy other visa requirements.

Some of the Legal Rights you should be aware of:

• Your ex-partner can’t be able to cancel your Visa
• If your partner tells you that your DHA relationship has ended, ask for a letter from them.
• Sometimes other people can make a report to the DHA that your Relationship has ended.
• Required to respond to the DHA letter

Conclusion:

You can hire a qualified migration agent who can provide you with the best guidance to know all the various terms and conditions attached to the partner visa Australia and what consequences you may face after the Relationship has ended due for various reasons. 

While selecting a migration agent, ensure they are registered under the migration agent. So, you must know which professional you need to choose and choose services accordingly.