Relationship Breakdown and Your Partner Visa: What Happens Next?
If you're facing a relationship breakdown while holding or applying for a Partner visa (Subclass 820/801), you may feel overwhelmed, uncertain—and even fearful of losing your place in Australia. But there’s hope.
While immigration law is strict, it also has pathways for compassionate exceptions. In this article, we explore what really happens when a relationship ends on a partner visa, including special provisions most people don’t know about, and what you should do to protect your future.
What Happens to My Partner Visa If We Break Up?
Whether you're on a Subclass 820 (temporary) visa or waiting on the Subclass 801 (permanent) visa decision, relationship status plays a crucial role. The Department of Home Affairs must be satisfied that your relationship is:
Genuine and continuing (Migration Act s5CB(2)(b))
Exclusive (s5CB(2)(a))
Not permanently separated (s5CB(2)(c))
But here’s what many don’t realise: even if the relationship has ended, your 801 visa can still be granted—if you meet certain “prescribed circumstances” under clause 801.221(1)(d) of Schedule 2.
These include:
Your sponsor has died, and your relationship was genuine before their passing.
You or your children have suffered family violence committed by your sponsor.
You and your sponsor have a child together and you have joint parental responsibility.
These are not just policy—they are enshrined in the Migration Regulations 1994 and require officers to actively consider them if applicable.
Little-Known Legal Provisions That Can Save Your Visa
1. Delegates Must Consider All Circumstances in meeting the relationship criteria
Under regulation 1.09A(3), the Department is required to assess your relationship against four key areas:
Financial interdependence
Nature of the household
Social aspects of the relationship
Mutual commitment to a shared life
Importantly, you do not need to meet all four for your relationship to be recognised—they just need to be considered in the decision-making process.
Why is this important? You may not have access to all the information to demonstrate your relationship met the set definition of spouse or defacto. This provision allows the case officer to take into consideration what you can supply.
2. Schedule 2 Criteria May Still Be Satisfied After Separation
Continuing from the above point, Clause 801.221(1)(d) states that an applicant must continue to be the partner unless the Minister is satisfied that the applicant should be granted the visa having regard to prescribed circumstances.
This provision allows the Department to grant the Subclass 801 visa even if the applicant is no longer the partner of the sponsor—provided one of the “prescribed circumstances” applies.
This includes:
Having a child of the relationship,
The sponsor’s death, or
Domestic Violence.
These pathways were deliberately included in the law to avoid punishing people whose lives have taken unexpected turns. But they require strong evidence and correct legal framing—so proper guidance is essential.
3. Compassionate Prioritisation Under Direction 102
Under Ministerial Direction 102, delegates must generally process partner visa applications in a prescribed order. However, section 9(a) of the Direction allows decision-makers to depart from this order where special circumstances of a compassionate nature exist.
While there is no fixed definition of what qualifies as “compassionate,” examples in policy include situations involving serious financial hardship, mental health deterioration, caregiving responsibilities, or risk of homelessness. Importantly, the circumstances must be compelling and supported by evidence.
If you’ve experienced hardship following separation, and your visa application is otherwise valid, you may request priority processing by lodging a written submission with relevant supporting documents. This does not guarantee faster processing, but it gives the Department a legal basis to exercise its discretion compassionately within the framework of Direction 102.
What Most People Don’t Know About Separation and Partner Visas
You shouldn’t wait to be divorced or legally separated to notify the Department. A verbal or mutual understanding of relationship cessation may be sufficient—but needs to be declared honestly and documented.
Even if your sponsor withdraws their support, you can still proceed under family violence or child-of-the-relationship provisions. The sponsor does not control the outcome.
It is a legal error for a delegate to require all four 1.09A matters to be ‘met’ before granting the visa. The law only requires consideration—not satisfaction—of these elements.
Victims of family violence must provide detailed evidence including but not limited to statutory declarations, reports from psychologists, school counsellors, or even shelter accommodation workers.
You’re Not Alone—Compassion and Strategy Can Make the Difference
As a migration agent, I’ve walked alongside people who felt broken—emotionally, financially, and legally. we’ve helped clients:
Escape controlling or abusive relationships,
Secure their future in Australia even after a painful breakup,
Protect their children and legal status without relying on their ex-partner.
If this article resonates with you, you don’t have to fight alone. The system is complex, but with the right guidance, you can emerge with hope, dignity, and a plan.
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Let’s talk about your situation, with no pressure. Book a 1-on-1 consultation using the link below.