Are you on a provisional partner visa and your relationship has ended?

You still have options available to apply for your permanent residency

 

 Partner Visas involves two stages, the first being the temporary subclass 820/309 visa   and the next stage being the application of a permanent visa.If you have completed stage two and you have received your permanent visa, the end of your relationships will obviously won't lead to cancellation of your visa.

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However of the relationship ends during the temporary visa{Subclass 820 or 390} there is an obligation to inform he immigration department in case the relationship has ended. In this case the sponsored applicant will be given 28 days from when the DOHA acknowledges the change in the circumstances.

In such case the options are there but very limited.
1-You would meet the requirements of subclause{2} or except when the sponsoring partner has died. 

2-You would have to convince the minister regarding the continuous and ongoing relationship with the spouse/partner if the sponsor had not died.Developed closed and personal ties with Australia.

In cases where the sponsoring partner has not died the following options are available.
1-A dependent child of the sponsoring partner or both of them.
2-Family violence committed by the sponsoring partner can also be a reason.
3-Joint custody or custody of, or access to; or has residence order under the Family Law Act 1975 relating to atleast 1 child in respect of whom the sponsoring partner;has been granted a joint custody or access by a court has residence order or contact order made under the Family Law Act 1975 has an obligation under child maintenance order made under the Family Law Act 1975.

Summary
If the relationship falls under subclass{820} during the 2 year wait, the applicant may still be eligible for their permanent residency if your sponsor has passed away and is no more. However you will have to prove close ties with Australia in the form of business, cultural or personal ties.You have a dependent child and/or have suffered form family violence. Basically if you have children from your relationship and they reside in Australia.Strong personal ties can be shown in the form of strong relationship with the in laws. 

Migration to Australia can be complex, if you would like us to help you out in any way please contact us.

Contact us to find out your options!

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