What Happens to My Partner Visa If We Break Up, Separate, or Divorce
If you break up with your partner while on a partner visa, what happens next depends on your visa stage, the reason for the break-up, and whether children are involved. If you've already received permanent residence (801/100), separation doesn't affect your visa. If you're still on the temporary stage (820/309) or waiting for permanent assessment, separation may mean your permanent visa is refused — unless family violence provisions or children's best interests apply.
Quick Facts
| Visa Stage | Impact of Separation |
|---|---|
| Before temporary visa (820/309) | Application likely refused |
| On temporary visa, before permanent | Permanent visa may be refused — unless exceptions apply |
| After permanent visa (801/100) granted | No impact — visa remains valid |
| Prospective Marriage (300) | Must still marry within 9 months, or visa expires |
| Bridging visa during processing | Bridging visa continues until decision made |
During Partner Visa Processing (Before Temporary Visa)
If you separate before the temporary partner visa (820 or 309) is granted, the Department will assess whether the relationship existed and was genuine at the time of application. A separation during processing usually means refusal.
Exceptions:
- Evidence that the relationship was genuine at the time of application, even if it has since ended
- Family violence (see below)
- Children of the relationship are affected
After Temporary Visa, Before Permanent Assessment
This is the most common and most complex situation. You hold an 820 or 309 temporary visa, and the 801/100 permanent assessment hasn't happened yet (usually 2 years after application).
Default outcome: The Department assesses whether your relationship is genuine and ongoing at the time of the permanent visa decision. If you've separated, the relationship is not ongoing, and the permanent visa would normally be refused.
Exceptions that allow permanent visa grant despite separation:
1. Family Violence
If the relationship broke down due to family violence committed by your Australian partner, you can still be granted the permanent partner visa. This is one of the most important protections in Australian immigration law.
What constitutes family violence:
- Physical assault
- Sexual assault
- Threats of violence
- Emotional or psychological abuse
- Financial abuse
- Coercive control
- Social isolation
Evidence can include:
- Police reports or intervention orders
- Court documents
- Medical or hospital records
- Counselling records
- Statutory declarations from witnesses
- Reports from family violence services
- Social worker assessments
The Department takes family violence claims seriously and has trained assessors. You do NOT need to have gone to the police — other evidence is accepted.
Key protection: Your visa status should never force you to stay in an abusive relationship. The family violence provisions exist specifically so that temporary visa holders can leave violent relationships without losing their visa.
2. Children of the Relationship
If you have children from the relationship with your Australian partner, and the children would be adversely affected by the refusal of your visa, the Department may grant the permanent visa despite the separation.
Factors considered:
- Best interests of the child
- Custody and access arrangements
- The child's relationship with both parents
- Whether the child is an Australian citizen
- The impact on the child of the visa holder leaving Australia
3. Death of Partner
If your Australian partner dies before the permanent visa decision, you may still be granted the permanent visa — particularly if the relationship was genuine until the death.
After Permanent Visa Is Granted
If you've already received the permanent partner visa (801 or 100), separation or divorce has no impact on your visa. You're a permanent resident of Australia in your own right. You can:
- Continue living in Australia
- Work without restrictions
- Access Medicare and government services
- Apply for Australian citizenship (after meeting residence requirements)
- Remarry or enter new relationships
Your permanent residence is not conditional on remaining in the relationship that got you the visa.
Impact on Other Visa Types
Employer-Sponsored Visa Partners
If you're in Australia as a secondary applicant on your partner's employer-sponsored visa and you separate, your visa status may be affected. You'd need to find your own visa pathway (student, skilled, or other visa).
Student Visa Partners
If you're a secondary applicant on your partner's student visa and you separate, your visa continues until its expiry date, but you cannot remain on it as a dependent. Explore alternative visa options.
Working Holiday Visa
Working holiday visas are individual — separation from a partner doesn't affect your WHV status.
What to Do If You're Separating
-
Seek immigration advice immediately. A registered migration agent can assess your specific situation and advise on your options.
-
If experiencing family violence:
- Call 1800RESPECT (1800 737 732) — free, confidential support 24/7
- Contact a family violence service for safety planning
- Gather evidence (safely) — photos, messages, medical records
- Know that leaving does NOT mean losing your visa
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Don't withdraw your visa application without professional advice. There may be grounds for continuing despite the separation.
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Continue accumulating evidence of the relationship's genuineness during the period it existed.
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If you have children, prioritise their welfare and document custody arrangements.
Frequently Asked Questions
Will the Department contact my ex-partner?
The Department may contact your sponsor as part of processing. If you've separated due to family violence, you can request that the Department not contact your ex-partner, and they have procedures to protect your safety.
Can my ex-partner withdraw their sponsorship?
A sponsor can withdraw their sponsorship, but this doesn't automatically end your visa application — particularly if family violence provisions apply. The Department assesses each case individually.
Do I need to inform the Department about the separation?
Yes, you should update the Department about changes to your circumstances. Failure to disclose a separation could be seen as providing misleading information.
Can I apply for a new partner visa with a new partner?
If your current partner visa application is refused or withdrawn, you may be able to apply for a new partner visa with a new partner. Timing and conditions vary — seek professional advice.
What about my children's visas?
Children included on your partner visa application typically remain on the application. Their visas are assessed based on their circumstances, not just the relationship between the adults.
