💔 Life Beyond the Sponsor: Securing Your Subclass 820 Visa After a Relationship Breakdown
The Subclass 820 (Partner) visa is fundamentally based on a genuine and continuing relationship. However, Australian migration law provides critical pathways for applicants whose relationship ends due to the death of the sponsor or a finding of family violence.
These provisions ensure the applicant is not penalised for circumstances outside their control or forced to remain in an unsafe situation to secure their visa. They allow the Department to waive the requirement to be in a genuine, ongoing relationship at the time of the visa decision.
The two key provisions that enable this are outlined in Subclauses 820.221(2) and 820.221(3) of the Migration Regulations.
1. 🕊️ Relationship Ceases Due to Death of the Sponsor (Subclause 820.221(2))
If the Australian citizen, permanent resident, or eligible New Zealand citizen sponsor dies before the Subclass 820 visa decision is made, the applicant may still be granted the visa if they meet specific criteria:
Initial Eligibility: The applicant must have met all the initial requirements for the Subclass 820 visa at the time of application (i.e., the relationship was genuine and continuing until the sponsor's death).
Continued Partnership: The delegate must be satisfied that the applicant would have continued to be the spouse or de facto partner of the sponsor if the sponsor had not died (paragraph 820.221(2)(b)). This is a forward-looking test based on the evidence of the relationship up to the time of death.
Close Ties to Australia: The applicant must satisfy the Department that they have developed close business, cultural, or personal ties in Australia (paragraph 820.221(2)(c)).
Proving "Close Ties" (Paragraph 820.221(2)(c))
The "close ties" requirement ensures the applicant has a demonstrable connection to Australia that warrants the grant of permanent residency, even without the sponsor.
Business Ties:
This may involve ownership or active involvement in a business operating in Australia.
The test considers the extent of the applicant's involvement and whether refusing the visa would cause significant, quantifiable economic hardship to that business.
Cultural Ties:
This often relates to participation in the arts, music, or literature.
Evidence includes contributing to cultural activities or maintaining a strong link to a cultural community in Australia.
Personal Ties (Most Common):
This includes close relationships with family members (other than the deceased sponsor) and/or friends in Australia.
It may also involve ongoing carer responsibilities for the child/ren of the relationship.
The ties must be regular and ongoing, demonstrated through factors like the applicant’s aggregate period of residence in Australia and the degree of emotional dependence and support from their Australian network.
2. 🛡️ Relationship Ceases Due to Family Violence (Subclause 820.221(3))
This provision offers protection to applicants who leave an abusive relationship. It applies when the relationship has ended, but the applicant (or a child of the relationship) has suffered family violence committed by the sponsor.
The applicant must satisfy the following:
Relationship Ceased: The applicant would have otherwise met the Subclass 820 criteria but for the fact that the relationship has ended (paragraph 820.221(3)(a)).
Family Violence Finding: One or both of the following must apply (paragraph 820.221(3)(b)):
Family Violence: The applicant, a dependent child, or a child of the sponsor has suffered family violence committed by the sponsoring partner;
Parental Responsibility: The applicant has custody or joint custody of, or access to, a child in respect of whom the sponsoring partner has certain court orders (such as a residence or contact order) or a formal maintenance obligation.
The Role of Family Violence Provisions:
The existence of these provisions aims to protect the integrity of the visa program by ensuring applicants are not compelled to remain in a violent relationship for fear of losing their eligibility for permanent residency.
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Disclaimer: Important notice for all our social media followers and website readers. Content shared here by Visamigo Lawyers and its affiliates is not to be considered as immigration or legal advice. It is intended for informational purposes only and should not be used as a substitute for professional guidance. This material offers general insights (accurate at the time of posting, subject to updates) and is not exhaustive. Prior to any application, it is recommended you consult an Australian Lawyer for personalised advice. Your journey matters, so ensure you're properly informed.
