Partner Visa Relationship Breakdown: What Are Your Options in Australia?
- RACC Australia - Education and Migration Services
- Apr 24
- 3 min read
If you’re currently in Australia on a Partner visa (Subclass 820/801, 309/100, or 300) and your relationship has broken down, it’s normal to feel uncertain about your future. However, a relationship ending doesn’t necessarily mean the end of your visa pathway. In many cases, you may still be eligible for permanent residency depending on your circumstances.
Who Might Still Qualify for a Permanent Partner Visa?
You may still be granted a permanent partner visa if one of the following applies:
You experienced family violence from your sponsor
You share a child with your sponsor
Your sponsor has passed away
If none of these situations apply to you, it’s still important to seek professional advice. Other visa options may be available based on your current status.
Notifying Immigration After a Relationship Ends
You are legally required to inform the Department of Home Affairs if your relationship ends. Failure to do so may result in your visa being cancelled without the opportunity to explain.
You can notify Immigration through:
Form 1022 (Change of Circumstances) via your ImmiAccount
The online contact form
Email communication directly with the Department
Family Violence Provisions for Partner Visas
The Family Violence Provisions (FVP) are in place to protect partner visa applicants from remaining in harmful relationships solely to maintain their visa eligibility.
To apply under FVP, your relationship must have been genuine before it broke down, and you must have experienced family violence. Your partner’s support is not required if you meet these conditions.
Eligible visa holders:
Subclass 820/801 and 309/100
Subclass 300 visa holders who have since married their sponsor
What Is Considered Family Violence?
Family violence includes more than just physical harm. It may also involve:
Emotional or psychological abuse
Financial or sexual abuse
Coercive or controlling behaviour (e.g. limiting work or education)
Threats to property or pets
Even if you are still living with your sponsor, you may apply if the relationship is no longer genuine.
How to Prove Family Violence
You’ll need to submit either:
1. Judicial evidence, such as:
Apprehended Violence Orders (AVOs)
Family court injunctions
Criminal convictions
2. Non-judicial evidence, including:
A statutory declaration (Form 1410)
Two supporting statements from professionals, such as:
Police officers
Psychologists or doctors
Social workers
Family counsellors or refuge staff
If Immigration needs further clarification, your case may be referred to an independent expert.
If You Have a Child with Your Sponsor
You may still be eligible for a permanent visa if:
You have a birth certificate listing both parents
You can provide parenting arrangements such as court orders or child support agreements
If Your Sponsor Has Passed Away
In the unfortunate event your sponsor dies before your visa is granted, you may still be eligible if:
You would have continued the relationship
You have personal, cultural, or economic ties to Australia
If on a Subclass 300, you married before their death
If Your Visa Application Is Refused
You may be able to lodge a review application with the Administrative Appeals Tribunal (AAT). However, strict time limits apply, so professional advice should be sought immediately.
Get Advice Tailored to Your Situation
Navigating a partner visa relationship breakdown can be emotionally and legally complex. At RACC Australia, our Registered Migration Agents can help assess your circumstances, prepare supporting documents, and guide you through the next steps — including AAT reviews or visa reapplications.
Contact us today for expert support tailored to your needs.
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