You should contact the Department’s temporary partner section and inform them that you are no longer a couple. They will attend to the various administrative actions thereafter.

No. You may travel into and out of Australia freely during the duration of the visa.

The SC820 (provisional) partner visa precedes the permanent SC 801-partner visa.

Once you have been granted your SC820 visa, the DIBP will seek further confirmation of your genuine and ongoing relationship approximately 20 to 21 months after the date of your application for your SC 820 visa, unless the Department was previously satisfied that your relationship is long term, in which case they may grant your permanent visa earlier.

DIBP will require evidence that your relationship is a continuing and that you and your partner continue to live together.

Once DIBP receives appropriate evidence and is satisfied as to the genuineness of your relationship is, it will usually grant the permanent SC801 visa shortly after the effluxion of the two-year period following the date of your initial application. As with any visa application, the processing time the Department takes to expedite the second stage of the partner visa may vary, but that processing time should be in accordance with the processing guidelines which you can obtain from the Department or their website.

Yes. The choice as to which visa depends on which Australian visa you meet the eligibility criteria for (if any). The most important thing is that you must apply for your new visa before your current partner visa is cancelled, if your visa is the provisional 820 or 309 (as the DIBP will take steps to cancel your visa if it is informed that your relationship no longer exists). In circumstances like these the best thing you can do is seek proper advice from a registered migration agent or immigration lawyer as a matter of urgency.
If you have a permanent partner visa (801/100), it won’t be cancelled if the relationship breaks down as it is a permanent residence visa.

There a no work restrictions attached to a SC820 visa – so you may work as many hours as you like on a full time basis, subject obviously to compliance with other regulations e.g. workplace health and safety.

The easiest and cheapest time to bring children is to include them as an intrinsic part of the initial visa application. Also you get a significant cost advantage as Lattice Migration does not charge for the addition of children in partner visa applications.

If you have evidence that domestic violence has occurred such as a court order, police reports, photographs or other evidence, you may still be able to progress to permanent residence despite the fact that you have left and/or broken up with your violent/abusive partner and are thus no longer in your de facto relationship. Luckily there are provisions in the partner visa regulations that may allow the partner victim of domestic violence to be granted the permanent residence partner visa in these circumstances if all other criteria are met.

Provided you can prove a de facto relationship of at least 12 months your partner may be an eligible family member and become a secondary applicant on your student visa.

Importantly, however “eligible family members” (a partner and partner’s dependent children) may only be added to your student visa where their existence has been disclosed in your student visa application. A partner may therefore be added to your student visa, but only if you disclosed your relationship at the time of your application or the relationship commenced after your student visa was granted.

If you were in a relationship at the time of your student visa application but you did not disclose this to the Dept. of Immigration, you may not add that partner after the grant of the student visa.

In that case you would need to apply for a new student visa and include your partner in the new application, providing such also met the various criteria outlined below.

If you did disclose the existence of a partner at your initial application, then you may add your partner later if you also meet the criteria below.

The criteria discussed above are as follows:

• The student visa applicant/holder must be in assessment level 1 or 2 OR
• Eligible for streamlined visa processing OR
• In assessment level 3 or 4 and the course is longer than 12 months.
• Note: If the duration of the course is less than 52 weeks, your family members are eligible to join you in Australia if your current course(s) has a total duration of 52 weeks or more, or you have been in Australia lawfully for 12 months or more. Assessment levels are determined by your course of study and your nationality.

You may sponsor no more than two different applicants for partner visas or fiancée visas (prospective marriage visas) in your lifetime, and if you are contemplating your second sponsorship this can only be done if more than five years has passed, since you lodged your first partner/prospective marriage visa application.

Congrats, and don’t be concerned as this regularly occurs. Unfortunately the Department won’t treat you as a special case, and accordingly you need to expedite your request through a Registered Migration Agent (who is well-versed in dealing with matters like these) and because one doesn’t want to risk Departmental concerns or risk getting a refusal.

As a de facto partner, not as a fiancée.

We know matters like this can be sensitive – if you have any concerns please contact us directly?