.png)
Can My Spouse or Partner Cancel My Visa in Australia?
- Aug 30, 2020
- 4 min read
Updated: Jul 2
Can My Spouse or Partner Cancel My Visa in Australia?
This is a common question, especially from people who are on a temporary partner visa or a prospective marriage visa and are experiencing difficulties in their relationship. Many people fear that if they leave their partner, their visa will be cancelled and they will be forced to leave Australia.
The short and reassuring answer is: No, your partner or husband/wife cannot cancel your visa.
Only the Department of Home Affairs can make decisions about cancelling a visa. Your sponsoring partner cannot directly cancel your visa. The most they can do is withdraw their sponsorship if you are still holding a temporary partner visa. If you are still holding a temporary partner visa at the time they withdraw their sponsorship, this can cause issues, but it does not mean you will automatically lose your visa. You may still have options, particularly if you have a child who is an Australian citizen, or you or your children have experienced family violence after the grant of your temporary Partner visa.
If you are in this situation, it is very important that you speak to an immigration and family lawyer as soon as possible. The breakdown of your relationship can affect your immigration status and may also have consequences under Australian family law, especially if you have children or property together.
If you already have a permanent partner visa (subclass 100 or subclass 801), your partner cannot do anything to affect your visa status—unless you obtained your visa by giving false information or using fake documents. If your permanent visa was granted properly, you do not need to worry. You are safe.
Do I Need to Stay in an Abusive Relationship to Get My Permanent Partner Visa?
No, you do not have to stay in a violent or abusive relationship in order to get your permanent partner visa.
Many people believe that they must remain with their partner for at least two years to qualify for a permanent visa. However, Australian immigration law protects victims of family violence. If your relationship breaks down and you or your children have experienced family violence, you may still be eligible for the permanent visa—even if the two years are not complete.
To apply under the family violence provisions, you must show that your relationship was genuine when you were granted your temporary partner visa. You must also provide specific types of evidence, as required by law, to prove that family violence occurred. If the evidence is not in the correct format, the Department may refuse your application. This is why getting legal help is very important.
Can a Prospective Marriage Visa Holder Also Apply For Permanent Partner Visa After The Breakdown of Relationship Due to Family Violence?
If you hold a subclass 300 (Prospective Marriage) visa and you have married your sponsor in Australia, you may be able to apply for a subclass 820/801 Partner visa from within Australia, even if your relationship has broken down—provided you can prove that family violence occurred.
What is Considered Family Violence in Australia?
In Australia, family violence includes a wide range of behaviours—not just physical abuse. It includes:
Verbal and emotional abuse
Controlling or threatening behaviour
Forced sexual activity or marital rape
Financial control (not allowing you access to money)
Isolation (not allowing you to contact your family or friends)
Abuse related to dowry or gifts
If you are experiencing any of these behaviours, you are considered a victim of family violence under Australian law. You do not have to tolerate abuse just to stay in the country.
Support Services Available
There is strong support for victims of family violence in Australia. Many government and community organisations can help you. They can provide:
Safe and free accommodation
Food and transport
Emotional and legal support
Help with visa applications
Interpreters (usually free of cost)
These organisations can also help you decide whether to try and fix the relationship—especially if children are involved—or move forward with legal and immigration options to ensure your safety. In many cases, these services are free and strictly confidential. Your information will be protected, and help will be provided in a way that respects your privacy and dignity. If you are facing an immediate threat to your life or safety, call the police on 000.The police can provide urgent protection and may also help arrange safe accommodation, food, and other support services to protect you and your family members (such as children or parents) from immediate harm.
Getting Legal Help
The legal process to apply for a permanent partner visa after family violence can be complex and stressful. It is very important to get advice from an experienced lawyer who understands both immigration and family law.
At Ahmad Legal & Migration Services, we help clients who are dealing with difficult partner visa or family law situations. We can assist you with:
Partner visa applications (including after the breakdown of relationships)
Visa cancellation issues
Merits Review Application
Divorce, parenting, and property matters in the Federal Circuit And Family Court of Australia (FCFCOA).
Family Violence Intervention Orders, etc.
Our website has more information about our services. If you are unsure what to do, please book an online/Zoom meeting with us. We are here to help.
Warning! Please note that Australian immigration laws and policies are highly complex and dynamic. Therefore, no information provided on this website is comprehensive and intended to be legal advice. Failure to receive professional advice - tailored to your specific circumstances - may prove costly to you in many respects. Please read our Terms and Conditions on our website.
Comments