In the complex world of Australian immigration, the journey of love and partnership can sometimes take unexpected turns. For those who have applied for or hold a Subclass 820 Partner visa, the breakdown of a relationship can be not just emotionally devastating, but also legally challenging. This comprehensive guide aims to navigate you through the murky waters of visa status, legal obligations, and personal wellbeing when faced with this difficult situation.
I. The Crucial First Step: Notifying the Department
When a relationship ends, the very first action you must take is to inform the Department of Home Affairs within 14 days. This isn't just a formality; it's a legal obligation that can significantly impact your future in Australia as it reflects your integrity and history of compliance with the rules of Australian immigration.
Here's what you need to know:
- How to Notify:The easiest method is through your ImmiAccount. Navigate to the 'Update Details' section and complete the Notification of Relationship Cessation form. Alternatively, you can email a Change of Circumstances form (Form 1022) to the Department.
- What to Include: Provide the date your relationship ended, and briefly explain the circumstances. Be honest and concise.
- Timing is Everything: Delaying this notification can lead to serious consequences, including potential visa cancellation.
II. Understanding Your Rights: Options After a Relationship Breakdown
Contrary to what many believe, the end of your relationship doesn't automatically mean the end of your permanent residency. There are several pathways to remain in Australia, depending on your circumstances.
A. Family Violence Provision
If you've experienced family violence, you may be eligible to continue your visa application. The Australian government takes these situations very seriously.
Domestic abuse extends beyond physical harm, including emotional manipulation, economic control, and social isolation. If you feel threatened or constrained in your relationship, don't delay in getting assistance.
To claim under this provision:
- Gather evidence: This can include police reports, medical records, or statements from counsellors.
- Seek legal advice: An experienced registered migration agent can help you navigate this sensitive process.
B. Shared Child of the Relationship
If you have a child with your Australian sponsor, this can be grounds for continuing your visa application. While having a child doesn't ensure visa approval, it significantly strengthens your case. You must demonstrate joint parenting duties and show that remaining in Australia benefits your child's wellbeing.
C. Death of Partner
In the tragic event of your partner's death after you have been granted a subclass 820 or 309 visa, you may still be eligible for permanent residency. You'll need to demonstrate that the relationship would have continued if not for their passing.
III. The Visa Cancellation Process: What to Expect
If you don't meet the criteria for the above exemptions and you hold a subclass 820 or 309 visa, you may face visa cancellation. However, this isn't an immediate or automatic process.
The department of home affairs will typically reach out to you, allowing a 28-day window for your reply. You're entitled to state your case, and expert legal counsel can be crucial at this stage. After reviewing your response, officials will determine whether to cancel your visa or allow your application to proceed.
IV. Exploring Alternative Visa Pathways
If your partner visa journey comes to an end, all is not lost. Australia offers various visa options that might suit your situation.
Consider:
- Student visas: If you're interested in furthering your education.
- Skilled visas: If you have qualifications that are in demand in Australia.
- Employer sponsored visas: if you are employed in a business that is willing and able to sponsor, and you work in an occupation that is on the relevant skilled occupation list.
V. Emotional Wellbeing: The Hidden Challenge
Amidst the legal complexities, it's crucial not to neglect your emotional health. The end of a relationship, coupled with visa uncertainty, can take a significant toll.
Reach out to your personal network or mental health professionals for assistance. Numerous local organisations, such as Immigrant Women's Support Service and inTouch, provide affordable or complimentary aid tailored to immigrants facing challenges.
Remember:
- You're not alone in this situation
- It's okay to seek help
- Your mental health is more important than your visa status
Conclusion: Your Next Steps
Facing a relationship breakdown while on a partner visa is undoubtedly challenging, but it's not the end of the road. By understanding your rights, seeking proper advice, and taking care of your emotional wellbeing, you can navigate this difficult period and potentially secure your future in Australia.
Remember:
- Notify the Department as soon as possible.
- Both legal and emotional support are crucial.
- Check if any exemptions apply to your circumstances, or if there are alternative visas.
Your Australian journey may have taken an unexpected turn, but with the right information and support, you can chart a new course forward. Stay informed, stay strong, and don't hesitate to reach out for help when you need it.
The content on this page does not constitute legal or immigration advice. Australian immigration doesn't have to be complex and we can help with your unique circumstances. To seek legal advice or information that is specific to your situation, please contact us.
