Defacto Visa Break Up
Breaking up is never easy and can be even more complicated when you’re on a defacto visa in Australia.
If you find yourself in this situation, it’s important to understand the implications and your options moving forward.
What Happens When Your Defacto Visa Relationship Ends?
When a relationship ends, and you are on a defacto visa, the Department of Home Affairs must be informed as soon as possible.
The immediate consequence is that your visa may be at risk, but several factors can influence the outcome.
Possible Outcomes for Your Visa Status
Temporary Partner Visa (Subclass 820)
If you are on a temporary partner visa (subclass 820), the termination of the relationship generally leads to the cessation of your visa.
However, there are exceptions, such as if you have children with your partner or if there are instances of family violence.
In these cases, you may be eligible to apply for a permanent visa or another type of visa. It’s important to gather all relevant documentation to support your situation and submit it to the Department of Home Affairs.
Permanent Partner Visa (Subclass 801)
For those holding a permanent partner visa (subclass 801), the situation can be more complex.
The visa might not be affected if you have already been granted permanent residency, but you must still inform the Department of Home Affairs about the relationship breakdown.
Failure to do so can result in penalties or complications with future visa applications. Additionally, you should seek legal advice to ensure that your rights and status are protected.
Grounds for Exceptions
There are specific scenarios where your visa may still be valid despite the breakup:
- Domestic Violence: If you have experienced domestic violence, you may still be able to stay in Australia.
- Shared Parental Responsibility: If you have children with your former partner, your visa might be protected to ensure the wellbeing of the children.
- Significant Hardship: In some cases, exceptions may apply if the visa cancellation would result in significant hardship.
Key Takeaway: Understanding the grounds for exceptions is important as it can provide a pathway to remain in Australia despite the end of your relationship.
Steps to Take After a Relationship Breakdown
Notify the Department
As soon as the relationship ends, notify the Department of Home Affairs. This notification should be in writing and include any relevant details about the relationship and its termination.
Prompt notification can help avoid any misunderstandings and potential breaches of visa conditions.
Gather Evidence
Gather all necessary evidence to support your case if you are claiming an exception.
This can include police reports, medical records, and affidavits from witnesses.
Ensuring you have comprehensive and well-organised evidence will strengthen your case and facilitate the Department of Home Affairs review process.
Seek Legal Advice
Consult an immigration or international family lawyer to understand your rights and best action. Legal professionals can provide guidance on the specific requirements for your situation and help you navigate complex immigration laws.
They can also represent you in any communications with the Department of Home Affairs, ensuring your case is presented effectively.
Update Personal Information
Ensure all personal information with the Department is current, including address and contact details.
Keeping your information current is necessary for receiving important communications and avoiding delays in processing your case.
Additionally, updating your information demonstrates your commitment to complying with visa regulations.
A de facto visa breakup can be challenging, but understanding your rights and responsibilities can help you manage the process more smoothly.
By taking the right steps and seeking appropriate advice, you can protect your interests and plan for the future.
Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.
