A relationship ending does not necessarily bring every Partner visa application to an end. The outcome depends on the visa pathway, the applicant’s circumstances and whether the requirements of an applicable provision in the Migration Regulations 1994 are met.
In this matter, Jameson Law assisted a client who held a temporary Partner (Subclass 820) visa and separated from their sponsoring partner before the permanent Partner (Subclass 801) visa was decided. The Department of Home Affairs ultimately granted the Subclass 801 visa under the child-related provisions.
Outcome at a Glance
| Visa type | Partner visa (Subclass 801) |
| Challenge | The relationship ended before the permanent visa stage was decided. |
| Relevant provision | Migration Regulations 1994, Schedule 2, clause 801.221(6) |
| Represented by | Sali Romie, Solicitor |
| Outcome | Permanent Partner (Subclass 801) visa granted under the child-related provisions. |
The Client’s Situation
Our client had lodged a genuine partner visa application and had been granted a temporary Partner (Subclass 820) visa. Before the Department decided the permanent Subclass 801 stage, the relationship with the sponsoring partner ended.
After the separation was reported, the Department requested further information. The client sought advice about whether the permanent visa application could continue and what evidence was required.
Can a Partner Visa Application Continue After Separation?
A separation does not automatically determine the outcome of every Partner visa application. The Department of Home Affairs states that an application may continue in certain circumstances, including where the sponsoring partner has died, family violence provisions apply, or the applicant and sponsoring partner have a child and share access and parental responsibility.
The precise requirements depend on the visa subclass and the applicant’s circumstances. For a Subclass 801 applicant holding a Subclass 820 visa, clause 801.221(6) of Schedule 2 to the Migration Regulations 1994 addresses circumstances involving family violence or a child after the relationship has ceased.
The Child-Related Requirements
Having a child with a former sponsoring partner is not, by itself, sufficient to meet clause 801.221(6). Among other requirements, the applicant must hold a Subclass 820 visa and would otherwise meet the relevant requirements except that the relationship has ceased.
For the child-related limb, the applicant must have custody or joint custody of, or access to, at least one child, or have a relevant residence or contact order. The sponsoring partner must also have one of the connections specified in the clause, such as court-granted joint custody or access, a relevant residence or contact order, or an obligation under a child maintenance order or another formal maintenance obligation.
The wording of the legislation should be applied carefully to the evidence in the individual matter. Applicants should not assume that informal parenting arrangements or parenthood alone satisfy every element.
Our Approach
Led by solicitor Sali Romie, our immigration law team prepared detailed submissions addressing the relevant provisions and the client’s evidence.
The submissions addressed:
- the genuine nature of the relationship before separation;
- the circumstances in which the relationship ended;
- the client’s continuing parental responsibilities;
- the child’s circumstances relevant to the client-specific submissions;
- the access arrangements and obligations involving the client and former sponsoring partner; and
- how the evidence met the applicable requirements of clause 801.221(6).
The Outcome
After considering the evidence and legal submissions, the Department of Home Affairs granted the client a permanent Partner (Subclass 801) visa under the child-related provisions.
Why This Matter Is Important
This outcome shows that separation does not necessarily prevent the grant of a permanent Partner visa. However, the relevant provisions are detailed and each application is decided on its own facts and evidence.
A person whose relationship ends while a Partner visa application is being processed should notify the Department through the appropriate channel. The Department currently directs applicants with access to ImmiAccount to use the Notification of Relationship Cessation form in the Update Details section. Applicants who cannot access ImmiAccount can use the Partner processing enquiry form. The individual application record and current Department instructions should always be checked.
Anyone relying on child-related or family violence provisions should obtain advice based on their visa pathway, decision record, parenting arrangements and available evidence.
Speak to Jameson Law
If your relationship has ended while your Partner visa is being processed, timely advice can help you understand the notification process and whether a relevant provision may apply. Contact Jameson Law to arrange a confidential consultation about your circumstances.
Frequently Asked Questions
Does separation automatically end a Partner visa application?
No. A Partner visa application may continue in limited circumstances, including where the applicable family violence, child-related or death-of-sponsor requirements are met. The outcome depends on the visa pathway, facts and evidence.
Can a Subclass 801 visa be granted after a relationship ends?
It may be possible where the applicant meets an applicable provision of the Migration Regulations. For some Subclass 820 visa holders, clause 801.221(6) may apply where the relationship has ceased and the family violence or child-related requirements are satisfied.
Is having a child with the former sponsor enough?
Not by itself. The child-related limb of clause 801.221(6) requires particular custody, access, court order or maintenance circumstances involving both the applicant and the sponsoring partner.
How should a Partner visa applicant report a separation?
The Department directs applicants with access to ImmiAccount to use the Notification of Relationship Cessation form in the Update Details section. Those without access can use the Partner processing enquiry form. Current instructions and the individual application record should be checked.
What evidence may be relevant after a relationship breakdown?
Relevant material may include evidence of the former relationship, the date and circumstances of separation, parenting arrangements, court orders, access arrangements and formal maintenance obligations. The documents required depend on the provision relied upon.
