If you’re in Australia on a spouse (partner) visa and your relationship is failing or has ended, you may worry that your sponsoring partner can “cancel” your visa. This is a sensitive situation – especially in cases of domestic abuse – but it’s crucial to understand what the law says about visa cancellation and your rights. Below, we explain clearly whether a sponsor can cancel a spouse visa, the legal process that follows a relationship breakdown, and what protections and options the visa holder retains under Australian law.
Can a Sponsoring Partner Cancel a Spouse Visa?
In short, no – your partner cannot directly cancel your spouse visa. Under Australian law, only the Department of Home Affairs (on behalf of the Immigration Minister) has the authority to refuse or cancel a visa, not your spouse or sponsor. This means that if your partner threatens to have your visa cancelled, such threats carry no legal weight – they cannot themselves make the government cancel your visa. Any decision to cancel (or not grant) a visa must be made by an authorized Home Affairs officer following the legal criteria. So, while a relationship breakdown can affect your visa status, your estranged partner cannot unilaterally deport you or cancel your visa.
What Happens if Your Relationship Breaks Down?
A formal letter notifying the Department of Home Affairs about a relationship breakdown – visa holders must promptly inform the Department of any change in their relationship status.
When a relationship ends, visa holders need to follow certain legal processes to protect their status. Most importantly, you (or your sponsor) should inform the Department of Home Affairs as soon as possible that the partnership has ended. This is typically done by submitting Form 1022 (Notification of Changes in Circumstances) through your ImmiAccount or contacting Home Affairs directly. Promptly notifying the Department ensures you remain compliant with your visa conditions and helps avoid complications, such as accusations of misleading the authorities or an unexpected visa cancellation for failing to report the breakup.
Once Home Affairs is notified of the relationship breakdown (by either partner), the Department will not immediately cancel your visa. Instead, they will contact the visa holder and give you a chance to respond and provide your comments or evidence before any decision is made. In practice, the Department usually sends a letter or email asking the visa holder to confirm the breakup and explain their situation, and it often allows around 28 days to respond. This is your opportunity to present any facts that might affect your visa eligibility (such as if the breakup was due to domestic violence or if you share children with your ex-partner). Only after reviewing your response and circumstances will the Department decide whether to let the visa process continue, refuse the visa, or cancel your current visa. Remember, until the Department makes an official decision, your visa remains valid – you are not required to leave Australia immediately just because you separated from your sponsor.
Temporary vs. Permanent Partner Visas: Different Outcomes
- Temporary Partner Visa (Subclass 820/309): If the relationship ends before permanent residency is granted, your visa may be cancelled or refused unless you qualify for an exception (e.g. family violence, children, or sponsor’s death). Without such grounds, a breakup usually means losing the visa and possibly having to leave Australia.
- Permanent Partner Visa (Subclass 801/100): Once granted, permanent residency is not affected by a relationship breakdown. Your ex-partner cannot cancel your visa, and you retain the right to live in Australia provided you meet other visa conditions and obey the law.
In short: a breakup before permanent residency puts your visa at risk, but after PR is granted, your right to stay is secure.
Legal Exceptions: Permanent Visa After a Breakup
Australian immigration law provides exceptions that allow a partner visa applicant to still obtain permanent residency even if the relationship ends:
- Family Violence: If the relationship broke down due to domestic or family violence against you or your children, you may continue with your visa application under the family violence provisions. Evidence such as police, court, or medical records will be required.
- Shared Children: Having a child with your Australian partner can support permanent residency, as it is often in the child’s best interests for the applicant parent to remain in Australia. Provide documents such as birth certificates or custody arrangements.
- Death of the Sponsor: If your sponsoring partner dies during the visa process, you may still be granted a visa if the relationship was genuine up to that point.
These exceptions are written into the Migration Regulations and ensure applicants are not disadvantaged by abuse, the presence of children, or the death of a partner. Promptly notify Home Affairs and provide supporting evidence if these circumstances apply.
