Applying for a Partner Visa in Australia marks a significant milestone for couples in a de facto or de jure marital relationship. This visa offers the chance for one partner to obtain permanent residency. But what occurs if the relationship ends during the temporary period before receiving permanent residency? In this blog, we’ll delve into the consequences and potential exceptions in such scenarios.

Understanding the Partner Visa

The Partner Visa serves as a pathway to permanent residency in Australia for couples in a genuine and committed de facto or de jure marital relationship. This visa consists of two stages: the temporary visa and the permanent visa.

Temporary Visa Assessment

Upon applying for the Partner Visa, you’ll receive a temporary visa valid for two years. This initial period is dedicated to assessing the genuineness and continuity of your relationship.

Continuing the Relationship

To progress to the second stage, the relationship must endure throughout the two-year temporary period. This means maintaining a genuine and committed relationship with your partner. However, it’s crucial to note that exceptions and alternatives exist if the relationship dissolves within this timeframe.

Exceptions and Alternatives

If the relationship ends during the two-year temporary period, you may still have avenues to proceed to the second stage of the Partner Visa and achieve permanent residency. These exceptions or alternatives may include:

  1. Family Violence: Victims of family violence by their sponsoring partner may qualify for an exemption. The Australian government takes family violence seriously and offers support to victims.
  2. Custody of Children: When shared custody of children is involved, authorities consider the welfare and best interests of the children in deciding whether to proceed with the second stage visa.
  3. Compelling and Compassionate Circumstances: In exceptional cases like severe illness or death, individuals may present a case for compassionate consideration. These situations undergo evaluation on a case-by-case basis.


Legal Guidance

Navigating the complexities of the Partner Visa process, especially in the event of a relationship breakdown, can be daunting. Seeking legal assistance from experienced migration lawyers is advisable. They can offer insights into your options and guide you on the best course of action based on your unique circumstances.

While experiencing a relationship breakdown during the temporary period of the Partner Visa can be distressing, it doesn’t necessarily mean the end of your journey to permanent residency in Australia. Exceptions and alternatives are available, particularly in cases involving family violence, custody of children, or compelling and compassionate circumstances. By seeking professional legal guidance, you can navigate these challenges and work toward securing your future in Australia.

For more detailed information on Partner Visas and relationship breakdowns, get in contact with our Reid Legal Team for the support you need.