What happens if the partner visa or fiancé visa relationship breaks down?
If you are a sponsor, and the relationship with your fiancé or partner has broken down, then you must notify the Department of Immigration and Citizenship (DIAC) as soon as reasonably possible.
This obligation extends to even before the visa is granted. So if you lodge your sponsorship with the application, and the relationship breaks down before the visa is granted, you must notify DIAC.
After you have notified DIAC, an officer from that department will make inquiries with the applicant to determine whether the relationship has in fact broken down. You will then be asked to withdraw your sponsorship.
After you withdraw your sponsorship
Australia has very strong privacy laws. After your sponsorship has been formally withdrawn you will not be able to receive any further information or correspondence from DIAC in relation to your former partners or fiancés partner or fiancé visa application.
The applicant is also under a legal obligation to notify DIAC of any change in their circumstances, and this includes where a relationship has broken down. If an applicant fails to notify DIAC of their change in circumstances and a permanent partner visa is later granted on false information contained with a visa application, it can be cancelled because of the applicant’s failure to notify the department of their changes in circumstances.
In some circumstances, if your former partner or fiancé has already been granted a temporary visa and they are currently in Australia, then they may depending upon the circumstances be eligible for a permanent partner visa notwithstanding that the relationship between applicant and sponsor has broken down.
If the relationship has broken down both the applicant and sponsor must notify DIAC as soon as possible and it is highly advisable to seek independent advice on what options may be available.
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