Staying in Australia after a relationship break-up is possible. But it’s not always easy. Whether you get to stay depends on your visa and your circumstances.
In this article we give you some information about what happens after you break up with your partner. Because a permanent spouse visa is permanent, if you break up in that situation, the things that follow may not apply to you.
If you are on a temporary partner visa, then this one is for you.
First things first: You have to tell the department of immigration about your break-up
It is a condition of your visa that you tell the Department of Immigration when your circumstances change. It is in your best interest to do this as soon as you can.
Know that break-ups often result in you being asked to leave Australia
But you won’t have to leave immediately. The process takes a little bit of time, so you won’t be falling over yourself getting to the airport.
After you tell the Department about your relationship ending, they will ask you to give them a good reason why your outstanding partner application should not be refused. You have about 28 days to give them a response.
As with all immigration matters, things that are considered ‘good reasons’ are very specific, and require close attention. Some of these are below.
If you can’t give the Department a good reason, you will have 28 days to leave the country.
What is a good reason to be able to stay?
While every situation is different, there are some provisions that may allow you to stay. Please speak with an immigration lawyer to find out whether you are eligible for any of them, before you attempt them. It will save you time, stress, and heartache.
The first good reason to stay is break up as a result of family violence.
If you, or a member of your family, experiences violence at the hands of your ex-partner, you may be eligible to stay in Australia. There is an extensive process that you have to go through to do this.
The second good reason to stay is shared parental responsibility.
If you and your ex have shared parental responsibility, then you may be eligible to stay in Australia. So, if you came to Australia on a temporary or prospective marriage visa, and you have had children together, then you may be eligible to stay after a break up.
The third good reason to stay is the death of your partner.
If your partner has died, and that death ended the relationship, you may be eligible to stay. As with many immigration matters, it is not quite this simple. You will have to prove to the Department of Immigration that the relationship would have continued if your partner had lived. If you can do this, then you may be eligible to stay in Australia.
Professional help is your best friend after a break-up
Because there are many different ways to approach your situation, your best option is to call an immigration lawyer to discuss your options.
If you meet certain other requirements, there may be other visas that you can apply for when a relationship breaks down. For example, provided you meet age (and other) qualifications, perhaps you can stay in Australia on a working holiday visa. Or, you may be eligible for skilled migration.
However, guessing is not going to help. Contact us – we might be able to get to permanent residency on your own »