This is one of the most frequent and most delicate questions raised on the program, and the answer is precisely where the difference between a rescued application and a lost one is decided. In this piece, Negin Safaei, Australian migration lawyer with MARA registration number 1791573, sets out the complete legal framework for “relationship cessation” in partner visas, step by step. The aim is for you to know what rights the law actually gives you, what you need to prove, and where to begin.
The short answer
Separating from your sponsor does not, in itself, invalidate your residency. If a permanent partner visa (801 or 100) has already been granted, separating after grant has no effect on your permanent residence. If you hold a temporary subclass 820 or 309 visa, the migration law provides for three “relationship cessation” exceptions: family violence committed by the sponsor themselves, a child of the relationship, and the death of the sponsor. In every one of these pathways you must notify the Department of the separation and prove that the relationship was genuine up until it ended; a visa grant is not automatic.
What the law says
The partner visa structure has two stages: first the temporary visa (subclass 820 onshore in Australia, or 309 offshore), then the permanent visa (subclass 801 or 100). Until the permanent stage is granted, the central criterion is that the relationship with the same sponsor continues. But Parliament anticipated that relationships may end and that an applicant should not be left unprotected because of it; for that reason, the Migration Regulations 1994 contain a set of “cessation provisions”.
1) Family violence
Clauses 820.221(3)(b), 801.221(6)(c) and 100.221(4)(c) in Schedule 2 of the Regulations open the permanent visa pathway to an applicant whose relationship has ended and who experienced family violence during that relationship. Two precise legal points are decisive here:
- Who committed the violence: the wording of the Regulations recognises violence committed by the sponsoring partner themselves. Violence by other members of the sponsor’s family does not fall within these clauses — a distinction that must be factored into the assessment of an application from the very outset.
- Formal and evidentiary requirements: Division 1.5 of the Migration Regulations (regulations 1.21 to 1.23) deals specifically with the family violence provisions and sets out how a claim must be established, whether judicially determined or non-judicially determined; including the types of statutory declarations and the statements of competent persons required under regulation 1.23.
2) A child of the relationship
If there is a child of the relationship, the pathway to continuing the application may be opened on that basis. The scope of this provision is precise, and covers situations such as custody, joint custody or access rights to the child, or an obligation to pay child maintenance under a maintenance order made under the Family Law Act 1975 or any other formal obligation. Since 2024, with the amendment registered on the Federal Register (F2024L00751), access to this pathway has also been extended to holders of the subclass 300 prospective marriage visa — so that a subclass 300 holder can be assessed under the cessation provisions for 820/801 even where the marriage to the sponsor never took place.
3) Death of the sponsor
The death of the sponsor alone is not enough. It must be shown that the relationship was genuine and continuing up until the death, and that, had the death not occurred, the remaining requirements for the permanent visa would have been met. For subclass 820 holders there is an additional requirement: proving that “close business, cultural or personal ties” have been developed in Australia.
The key difference between 309 and 820
This point is overlooked in many cases: in the offshore 309/100 pathway, access to the cessation provisions is conditional on the applicant having entered Australia after lodging the application (under the framework of amendment F2024L00751). A subclass 309 holder who has never entered Australia on that visa effectively has no access to these exceptions, and their case must be examined from a different angle.
The legal obligation to notify a separation
Section 104 of the Migration Act 1958 requires an applicant to notify the Department of any change in circumstances that affects the answers given in the application form. In practice, if your partner application is still on foot, the “Notification of Relationship Cessation” form is completed under Update Details in ImmiAccount; and if you do not have access to ImmiAccount, notification can be made through the Partner processing enquiry form, attaching a signed Form 1022 (notification of changes in circumstances). An important safety point: once the form is lodged with the family violence option selected, the visa application and the sponsorship application are automatically removed from all ImmiAccounts — including the account of the former sponsor or their representative.
If the permanent visa has already been granted
The notification obligation in section 104 does not extend to changes occurring after the visa is granted (in onshore applications) or after immigration clearance (in offshore applications); accordingly, separating after PR has been granted has no effect on your residency. But this rule is not absolute: if the relationship ended before the permanent visa was granted and this was not disclosed, or if incorrect information was provided, visa cancellation consideration may be commenced. Cancellation is not automatic, and if you are in Australia you will be given an opportunity to comment on the grounds for cancellation before a final decision is made.
The requirements and pathways at a glance
| Your situation | Legal pathway | What must be proven |
|---|---|---|
| Temporary subclass 820 visa + family violence by the sponsor | 801.221(6)(c) + Division 1.5 (regs 1.21–1.23) | That the relationship was genuine until it ceased; that violence occurred during the relationship and was committed by the sponsor themselves; a judicially or non-judicially determined claim under reg 1.23; satisfaction of the health and character requirements |
| Subclass 309 visa (offshore) + family violence | 100.221(4)(c) — subject to having entered Australia after lodging the application (F2024L00751) | The same requirements as above, plus proof of entry to Australia |
| A child of the relationship | The “child of the relationship” clauses in Schedule 2 of the Regulations | Custody, joint custody, access rights, or an obligation to pay child maintenance under an order made under the Family Law Act 1975 or another formal obligation |
| Holder of a subclass 300 prospective marriage visa | Extension of the cessation provisions from 2024 (F2024L00751) | Ability to proceed to 820/801 even where the marriage did not take place; the “child of the relationship” provision now also applies to this group |
| Death of the sponsor | The sponsor-death clauses in 801/100 | That the relationship was genuine and would have continued until the death; that the remaining permanent visa requirements would have been met; for subclass 820 holders: close business, cultural or personal ties in Australia |
| Permanent subclass 801/100 visa already granted | Outside the scope of the section 104 notification obligation for post-grant changes | Separation after grant has no effect on residency; if the relationship ended before grant and was not disclosed, cancellation consideration — with a right to comment — is possible |
| In all situations | Section 104 of the Migration Act 1958 | Notifying the separation via the Notification of Relationship Cessation form in ImmiAccount, or Form 1022 |
What this means for you
The central message is clear: the end of the relationship is not the end of your application. Your sponsor is not the final decision-maker, and even if they withdraw their support, the Department will not disclose the outcome of your application to them because of privacy laws — and there may still be a basis for granting you a permanent partner visa.
As Negin Safaei explains, success in these cases comes down to three things: first, notifying the separation correctly and on time — because silence or incorrect information is exactly what can later become a ground for cancellation consideration; second, carefully rebuilding the “genuine relationship” case for the period before the separation, because the grant is not automatic and the burden of proof rests with the applicant; third, selecting the right legal provision for your actual circumstances (subclass 820, 309 or 300; violence, a child, or death).
If yours is a family violence case, please know this: the Department accepts that gathering relationship evidence and evidence of violence is difficult in such circumstances, and will allow an applicant more time where needed. You do not have to decide alone and under pressure. Our experience in partner visa matters, and particularly in relationship cessation cases, is built on this one principle: see your legal pathway clearly, and move forward with calm and understanding.
Sources
- Migration Regulations 1994 (Cth) — Division 1.5 (regs 1.21–1.23), Schedule 2 clauses 820.221, 801.221, 100.221 — legislation.gov.au
- Migration Act 1958 (Cth) — s 104 (obligation to notify changes in circumstances) — legislation.gov.au
- Migration Amendment (Family Violence Provisions) Regulations 2024 — F2024L00751 — Federal Register of Legislation
- Family violence and your visa — Department of Home Affairs
- Partner visa (Permanent) subclass 801 — Department of Home Affairs
- Partner visa (Migrant) subclass 100 — Department of Home Affairs
- Form 1022 — Notification of changes in circumstances — Department of Home Affairs
- Visa cancellation — Department of Home Affairs
- Office of the Migration Agents Registration Authority (MARA) — mara.gov.au
Your application is still alive after a separation — let’s find the right pathway for it
If you are right now in the middle of a separation on a subclass 820, 309 or 300 visa, two things matter urgently: notifying the Department correctly, and documenting the genuine period of the relationship before it ceased. In a dedicated consultation with Negin Safaei, Australian migration lawyer (MARA 1791573), your situation is measured against the precise provisions of the law, the appropriate pathway — family violence, a child of the relationship, or the death of the sponsor — is identified, and you receive a clear list of the documents required and the next steps. If safety or privacy is a concern, that too is handled with full respect and confidentiality from the very first minute. Call our office to book a consultation.
Frequently asked questions
I hold a subclass 820 visa and have separated from my partner. Is my visa cancelled immediately?
No. A temporary subclass 820 visa is not automatically cancelled by a separation, but under section 104 of the Migration Act 1958 you are obliged to notify the Department of the separation. Your application is then assessed under the relationship cessation provisions (family violence by the sponsor, a child of the relationship, or the death of the sponsor), and if the requirements are met, the pathway to the permanent subclass 801 visa remains open.
If the violence came from the sponsor’s family rather than the sponsor themselves, do the family violence provisions apply to me?
Clauses 820.221(3)(b), 801.221(6)(c) and 100.221(4)(c) recognise violence committed by the sponsoring partner themselves; violence by other family members does not fall within these clauses. In such circumstances, the case needs to be assessed from other angles and with careful legal analysis.
I hold a subclass 309 visa and I am outside Australia. Can I rely on the family violence provisions?
Access to the cessation provisions in the 309/100 pathway is conditional on the applicant having entered Australia after lodging the application (the framework of amendment F2024L00751). If you have never entered Australia on the subclass 309 visa, you effectively have no access to these exceptions and the case must be examined through a different route.
My sponsor has passed away — is the permanent visa granted automatically?
No. It must be shown that the relationship was genuine and would have continued until the death, and that, had the death not occurred, the remaining permanent visa requirements would have been met. For subclass 820 holders there is the further requirement of proving close business, cultural or personal ties in Australia.
I already have permanent residence (801 or 100) and separated afterwards. Will there be a problem?
Separating after the permanent visa has been granted has no effect on your residency; the section 104 notification obligation does not extend to changes occurring after the visa is granted (or after immigration clearance in offshore cases). However, if the relationship ended before the permanent visa was granted and this was not disclosed, or incorrect information was provided, visa cancellation consideration is possible; cancellation is not automatic and you have a right to comment before a final decision is made.
Will my former sponsor find out the outcome of my application?
No. Because of privacy laws, the Department does not disclose the outcome of the application to the sponsor. In addition, once the separation notification form is lodged with the family violence option selected, the visa application and the sponsorship application are automatically removed from all ImmiAccounts — including the account of the former sponsor or their representative.
I hold a subclass 300 prospective marriage visa and the relationship ended before the marriage. Do I have any options?
Yes. Under the 2024 amendment (F2024L00751), subclass 300 holders can be assessed under the cessation provisions for 820/801 even where the marriage to the sponsor never took place, and the “child of the relationship” provision — which previously did not apply to this group — now extends to them as well.
This answer reflects the law and policy as verified on September 29, 2026. Immigration rules change frequently — confirm the current position before acting.
Mrs. Negin Safaee Registered Migration Agent 1791573
This article is general information only, current at the date shown, and is not legal advice. Do not rely on it for your own situation — immigration law and policy change frequently. Seek advice from a registered migration agent or immigration lawyer about your circumstances.