Relationships change. Sometimes a partner visa application outlives the relationship it was built on — and sometimes a separation ends and the couple reconciles months later. This guide covers partner visa separation: what you must tell the Department, when family violence provisions keep the visa alive without your sponsor, how withdrawal actually works, and how reconciliation is treated.
🛡️ If you’re not safe
If your relationship ended because of family violence, you may still be entitled to a permanent partner visa without your sponsor. Support is available 24/7: 1800RESPECT (1800 737 732), Lifeline (13 11 14), or in an emergency call 000. Interpreters are free through TIS National (13 14 50). Getting support does not put your visa at risk.
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Key takeaways
- Partner visa separation triggers a notification duty under section 104 of the Migration Act 1958 — you must tell the Department as soon as practicable.
- Not notifying is a compliance problem in its own right, and it can raise questions about the accuracy of your whole application.
- Three pathways can keep a partner visa alive after a relationship ends: family violence, the death of the sponsor, and a child of the relationship.
- Family violence provisions reach Subclass 300 holders whether or not the marriage went ahead — a gap closed by the 2024 amendments.
- Only the applicant can withdraw the application. A sponsor can withdraw their sponsorship, which is a different act with different consequences.
- Withdrawal affects any bridging visa attached to the application. Check your grant notice and get advice before you withdraw, not after.
- Reconciliation before decision can save an application, but the evidence bar is higher than for a first-time claim.
In this guide
- Partner visa separation: your legal duty to notify
- What partner visa separation means at each stage
- Family violence: when the visa continues without the relationship
- Death of a sponsor and a child of the relationship
- Withdrawal: who can withdraw a partner visa application
- When the sponsor withdraws — what happens next
- Reconciliation after partner visa separation
- Partner visa separation: frequently asked questions
Partner visa separation: your legal duty to notify
Section 104 of the Migration Act 1958 creates a clear obligation.
If your circumstances change in a way that affects your application, you must notify the Department.
The standard is “as soon as practicable”.
The end of a relationship is exactly that kind of change.
This applies whether the split was your decision, your sponsor’s, or mutual.
It applies onshore and offshore.
And it applies across the Subclass 820, the 309 and the 300 alike.
The mechanism is Form 1022 — Notification of Changes in Circumstances, lodged through ImmiAccount.
You describe what happened factually, and the Department records it against your file.
What “as soon as practicable” means in practice: weeks, not months. Notify promptly, even before you have decided what to do about the application itself. Telling the Department what happened is a separate step from choosing your next move, and it does not commit you to either withdrawing or continuing.
What happens if you don’t notify a partner visa separation
Two things follow, and they compound.
First, the obligation itself is breached, which is a compliance matter the Department can act on.
Second, and more damaging, it puts the accuracy of your application in question.
An application that keeps asserting an ongoing relationship after it has ended is a problem.
It can be assessed against PIC 4020, the criterion covering false or misleading information.
A PIC 4020 finding can carry a bar on future visas measured in years, not months.
None of that risk is worth a few extra weeks of processing time.
Speak to a registered agent, and lodge the Form 1022.
What partner visa separation means at each stage
The consequences depend on where your visa sits in the pipeline when the relationship ends.
Before the temporary visa is granted (820 or 309)
This is the hardest scenario.
The application will generally be refused if the relationship has ended.
The exception is where one of three pathways applies.
Those are family violence, the death of the sponsor, or a child of the relationship.
Each is covered below.
If none applies, you notify, then choose between withdrawing and letting it run to refusal.
After the 820 or 309 is granted, before the permanent decision
This is the classic middle-stage separation.
The temporary visa is already granted, but the permanent decision is often a year or more away.
You still have to notify.
However, the three pathways may now keep the permanent visa alive even though the relationship is over.
Prospective Marriage visa (subclass 300)
A Subclass 300 requires a genuine intention to marry within the visa’s validity period.
If the relationship ends before marriage and the 300 is still pending, it will generally be refused.
If the 300 has already been granted and you have not yet married, the visa itself runs until it expires.
Important: if family violence was involved, do not stop reading here.
The provisions reach 300 holders whether or not the marriage went ahead. See the next section.
After the permanent visa is granted
Once you hold the 801 or the 100, a later separation does not affect the visa you already have.
However, cancellation powers can still be engaged.
That applies if the Department later forms the view the relationship was not genuine at the time of grant.
Family violence: when partner visa separation doesn’t end the visa
If you are experiencing family violence: call 1800RESPECT on 1800 737 732 (24/7, free, confidential, interpreters available). In an emergency, call 000. Getting support does not put your visa at risk.
Division 1.5 of the Migration Regulations 1994 — regulations 1.21 to 1.27 — contains the family violence provisions.
They let an eligible applicant continue to a permanent visa without the sponsor.
The relationship must have ended, and family violence must have occurred.
This is the most important thing to understand about partner visa separation.
The sponsor does not hold your visa hostage.
Who the family violence provisions cover
According to the Department, you may be eligible for a permanent visa if you:
- hold or have applied for a Temporary Partner (subclass 820) visa; or
- hold or have applied for a Provisional Partner (subclass 309) visa and have entered Australia since applying; or
- hold or previously held a Prospective Marriage (subclass 300) visa.
Alongside that, all of these must be true. You experienced family violence.
The perpetrator was your former partner or spouse.
The violence, or part of it, happened during that relationship.
And you are no longer in a relationship with that person.
Dependants may also be covered, where they applied for a Dependent Child (subclass 445) visa through a parent making a claim.
If you hold a subclass 300 and never married: this used to be the gap that trapped people, and plenty of guidance still online repeats the old rule. Since the 2024 amendments you can be considered under the family violence provisions as a 300 holder, married or not. You must be in Australia. If the 300 has already ceased, you must also not currently hold a substantive visa and must have applied for the Partner (subclass 820/801) visa. Do not let outdated advice convince you there is no pathway.
How family violence is proved
Two routes exist.
Judicially determined. A court has already made findings that establish family violence.
That might be a family violence order against the sponsor, an injunction, or a relevant conviction.
Non-judicially determined. Where no court has ruled, the claim rests on two things together.
First, your own statutory declaration, usually Form 1410.
It sets out the violence and names the person who committed it.
This is mandatory. It is the foundation of the whole claim.
Second, a minimum of two items of supporting evidence.
These are of the types the Minister specifies by legislative instrument.
Those can include declarations or reports from what the regulations call competent persons.
Other official records count too.
Competent persons include registered medical practitioners and nurses, registered psychologists, and social workers.
They also include family consultants and counsellors, refuge and crisis service managers, police officers, and school counsellors.
The exact combinations that count are set by instrument, and they have changed more than once.
A registered agent will tell you which items your evidence actually satisfies before you file.
A safeguard worth knowing about: if the decision-maker is not satisfied by non-judicially determined evidence, the matter must be referred to an independent expert for assessment rather than simply refused on the papers. The Department is bound by that expert’s opinion on whether family violence occurred. So a first impression of “not enough evidence” is not the end of the road.
Important: you do not need a police report, a conviction or an intervention order to make a family violence claim. The non-judicial route exists precisely because many people do not go to the police. What matters is credible, corroborated evidence — which competent persons can provide.
The legal definition is deliberately broad, and it is not limited to physical violence.
It covers conduct, actual or threatened, that makes you reasonably fear for your own or a family member’s safety.
Psychological abuse, financial control, isolation and coercive behaviour can all fall within it.
Death of a sponsor and a child of the relationship
Family violence is the best known of the three pathways, but it is not the only one.
The other two sit in Schedule 2 of the Migration Regulations 1994, in the permanent visa criteria.
That is clause 801.221 for onshore applicants, with an equivalent for the offshore Subclass 100.
Death of the sponsor
Where the sponsoring partner has died, the permanent visa can still be granted.
In broad terms, you satisfy the decision-maker of one thing.
That you would have continued to be the sponsor’s spouse or de facto partner had they not died.
Expect to provide the death certificate, evidence the relationship was intact, and evidence of your ties to Australia.
Notify the Department of the death as soon as you are able, as with any change in circumstances.
A child of the relationship
If you and your sponsor have a child together and the relationship ends, the permanent visa may still be available.
The criterion turns on custody, joint custody or access, or a legal obligation regarding the child.
This ground is separate from family violence.
It can apply where the separation was entirely mutual and amicable.
It is also commonly missed, because couples assume an amicable split ends the application.
Practitioner note from Sam: some applicants qualify under more than one of these pathways at the same time — a family violence claim and a child of the relationship, for instance. Which one you lead with, and how the evidence is framed, genuinely changes how a case runs. That is a decision to make with advice rather than alone.
Withdrawal: who can withdraw a partner visa application
Only the applicant can withdraw their own partner visa application.
The sponsor cannot withdraw it.
They can withdraw their sponsorship, which is a different act with different consequences.
When withdrawal makes sense after partner visa separation
If none of the three pathways applies, some applicants withdraw rather than wait for a refusal.
The reasoning is that a refusal must be declared on future applications. A withdrawal need not be.
However, withdrawal is final, and it closes off review rights you would otherwise have had.
The charge is not refunded, and reopening later means a fresh application at the current fee.
Before you withdraw, check what happens to your bridging visa. A bridging visa is tied to the application it was granted for, and withdrawing that application affects it. The timing differs depending on the bridging visa you hold and the circumstances, and getting this wrong can leave you unlawful. Your bridging visa grant notice sets out its cessation terms — read it, and get advice, before you submit a withdrawal. Do not rely on a figure from a blog, including this one.
How to withdraw
- Log into ImmiAccount
- Open the pending application
- Select the withdraw option
- Give a brief factual reason — a relationship ending is a valid one
- Submit, and keep the confirmation notice
Plan your next step before you submit, not after.
Once the withdrawal is in, the options narrow quickly.
When the sponsor withdraws — what happens next
A sponsor can withdraw their sponsorship before the visa is decided.
That is a real act with real consequences.
However, it is not cancellation, and it does not delete your application.
The Department will normally write to you first, often as a Section 56 request, inviting a response.
That letter is your opportunity, and the deadline stated in it is the one that matters.
If the sponsor withdraws in good faith
Sometimes a sponsor genuinely no longer wishes to take on the responsibility.
Notify via Form 1022, work out whether any of the three pathways applies, then choose your route.
If the sponsor is using withdrawal as a threat
This is unfortunately common, and it is worth naming plainly.
A sponsor who says “I’ll withdraw my sponsorship if you don’t do what I say” is attempting coercive control.
That conduct can itself form part of an evidenced family violence claim.
If you are being threatened this way, do not comply out of fear.
Call 1800RESPECT, and get advice before your sponsor acts.
The family violence provisions exist precisely for this situation.
Reconciliation after partner visa separation
Sometimes people separate and then get back together.
The Department knows this happens.
How it is treated depends on the timing, and on what you have already told them.
Reconciliation before you notified the separation
A brief rough patch that resolved on its own is not necessarily a notifiable change.
However, if it was real enough that you were weighing your options, err towards disclosure.
Voluntary honesty reads far better than something discovered later.
The cost of over-disclosing here is close to zero.
If you are unsure which side of the line you sit on, get that judgement from an agent.
Reconciliation after you notified, before a decision
Notify again — a second Form 1022, or a written update through ImmiAccount.
Then evidence the resumption properly.
Updated joint financial records, photos, messages, and fresh declarations from people who know you both.
Expect a higher bar than for a first-time claim.
The officer will be weighing whether it is genuine, or arranged to rescue the visa.
Reconciliation after a refusal
If the visa was refused because of the separation, reconciling afterwards is more complicated.
Merits review at the Administrative Review Tribunal may be available.
A tribunal generally assesses the position as at the date of its own decision.
So a genuine reconciliation can be put before the Tribunal even though it happened after the refusal.
The deadlines, though, are short and the Tribunal generally cannot extend them.
Both the deadline and who may apply differ between onshore and offshore applications.
Your refusal letter states which applies to you.
Read it first, then get advice quickly. This is not a decision to sit on.
Reconciliation between the temporary and permanent stages
This is the most survivable version.
You were granted the 820 or 309, separated, notified, then reconciled before the permanent decision.
The application can continue.
What matters is evidence the relationship genuinely resumed and continued, and the dates on it.
Partner visa separation: frequently asked questions
Partner visa separation: notifying the Department
Do I have to tell the Department we’ve separated?
Yes. Section 104 of the Migration Act 1958 requires you to notify the Department of a change in circumstances as soon as practicable, and the end of a relationship is exactly that. You lodge Form 1022 through ImmiAccount. Not notifying is a compliance breach, and an application that keeps asserting an ongoing relationship can raise questions about its accuracy under PIC 4020.
Does notifying mean my application is over?
No. Notifying is a separate step from deciding what to do next, and it does not commit you to withdrawing. Three pathways can keep a partner visa alive after a relationship ends: family violence, the death of the sponsor, and a child of the relationship. Notify promptly, then work out which of those applies to you with advice.
Family violence and the other pathways
Can I still get permanent residency if we split up because of family violence?
Often yes. The family violence provisions in Division 1.5 of the Migration Regulations 1994 allow an eligible applicant to continue to a permanent visa without the sponsor. You must have experienced family violence committed by your former partner or spouse, part of it during the relationship, and you must no longer be in that relationship. Evidence can be judicially determined through a court, or non-judicially determined through your own statutory declaration plus supporting items.
I’m on a Prospective Marriage visa and we never married. Am I stuck?
No, and a lot of older guidance online gets this wrong. Since the 2024 amendments you can be considered under the family violence provisions if you hold or previously held a subclass 300 visa, married or not, and you must be in Australia. If the 300 has already ceased, you must also not currently hold a substantive visa and must have applied for the Partner (subclass 820/801) visa. Get advice quickly, because the sequence and the timing matter.
I applied offshore on a subclass 309. Do the provisions apply to me?
They can, provided you have entered Australia at least once since lodging the application. That entry requirement is the detail that most often decides whether this pathway is open, so check your travel history against your application date before assuming either way.
Do I need a police report to make a family violence claim?
No. The non-judicially determined route exists precisely because many people do not go to the police. It rests on your own statutory declaration, usually Form 1410, setting out the violence and naming the person who committed it, together with a minimum of two items of supporting evidence of the types specified by legislative instrument. Those can include material from competent persons such as doctors, psychologists, social workers and refuge managers.
Does the child pathway apply to stepchildren?
The criterion is built around a child of your relationship with the sponsor, not a child either of you brought from a previous relationship. It turns on custody, joint custody or access arrangements, or a legal obligation in relation to that child. Because family circumstances vary so much, this is one to confirm against your own facts with a registered agent rather than assume either way.
Partner visa separation: withdrawal and reconciliation
Can my sponsor withdraw the application?
No. Only the applicant can withdraw their own visa application. A sponsor can withdraw their sponsorship, which is a different act. Withdrawal of sponsorship prompts the Department to review the application and normally invites a response from you first. It does not cancel anything by itself, and it does not close off the family violence pathway.
What happens to my bridging visa if I withdraw?
A bridging visa is tied to the application it was granted for, so withdrawing that application affects it. The timing depends on which bridging visa you hold and on your circumstances, and getting it wrong can leave you unlawful. Your bridging visa grant notice sets out its cessation terms. Read that notice and get advice before you submit a withdrawal, rather than relying on a general figure.
Can I get my visa application charge back if I withdraw?
Generally no. The visa application charge is not refunded once an application has been lodged and receipted. Limited refunds exist in narrow circumstances, but a relationship change is not one of them. This is one reason to get advice before withdrawing, since the money is gone either way and the review rights are not.
If we reconcile, does the Department just accept it?
No. A reconciliation has to be evidenced with at least the same rigour as the original relationship claim, and usually with more scrutiny. Fresh joint financial records, updated declarations from friends and family, and material showing the relationship resumed and then continued are all relevant. The dates on that evidence matter as much as its volume.
Should I withdraw or wait for a refusal?
It depends, and the wrong choice closes doors permanently. Withdrawal avoids a refusal you would have to declare later. Waiting preserves review rights if there is any argument the visa should still be granted, including under the family violence, death of sponsor or child pathways. Get advice on your own facts before deciding, because withdrawal cannot be undone.
Partner visa separation: the bottom line
A separation during a pending partner visa is a legal event with obligations attached.
Notify promptly. Work out which pathway fits.
And get advice before you withdraw anything.
If family violence is involved, you have specific protections.
You do not lose your pathway because a sponsor pulled support.
If your sponsor has died, or you share a child, separate pathways exist. Many applicants never find them.
And if it has simply ended, withdrawal and refusal each carry consequences worth thinking through.
The regulations were written with real relationships in mind.
Including the ones that end, resume, or change shape along the way.
Take the Free Visa Assessment for a confidential scope of your options — or download the DIY Review Package to think it through yourself first.
Family violence support
- 1800RESPECT — 1800 737 732 (24/7, free, confidential — interpreters available)
- Emergency — 000 (police, fire, ambulance)
- Lifeline — 13 11 14 (24/7 crisis support)
- Kids Helpline — 1800 55 1800 (for anyone under 25)
- Men’s Referral Service — 1300 766 491
- Translating and Interpreting Service — 13 14 50 (free, to reach any of the above in your language)
Related reading
About the author
Sam handles partner visa applications including the sensitive scenarios — family violence provision claims, sponsor withdrawal cases, and reconciliation-stage applications. Every case is handled confidentially, with care for the circumstances behind the paperwork.
Sources
- Department of Home Affairs — Family Violence Provisions (page last updated 24 September 2026)
- Department of Home Affairs — Domestic and family violence: where to get help
- Department of Home Affairs — Form 1022 — Notification of changes in circumstances (section 104)
- Migration Act 1958 (Cth), section 104 — changes in circumstances to be notified
- Migration Act 1958 (Cth), section 56 — request for information
- Migration Regulations 1994 (Cth), Division 1.5, regulations 1.21 to 1.27 — family violence definitions, competent persons and evidentiary requirements
- Migration Regulations 1994 (Cth), Schedule 2, clause 801.221 — permanent stage criteria including death of sponsor and child of the relationship
- Migration (Specification of Evidentiary Requirements — Family Violence) Instrument (LIN 23/026) 2023
- 1800RESPECT — National family violence and sexual assault counselling service
Facts verified against Department of Home Affairs guidance and the Migration Regulations on 26 September 2026.
This article is general information only and does not constitute immigration or legal advice for any particular person. Partner visa separation cases turn closely on their own facts, and family violence provision claims are especially fact-sensitive. Bridging visa cessation, review rights and review deadlines all vary with individual circumstances — your grant notice and your decision letter are the authority on yours. For confidential advice, take the Millennium Migration free assessment or contact Sam directly. For urgent family violence support, call 1800RESPECT on 1800 737 732, or 000 in an emergency. Accurate as at September 2026.