Visa subclass 100 and separation

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2 August 2020
Hi guys, I'm married to an Australian citizen. I hold partner visa subclass 100, I've been living in Australia for 8 months now. We are married for over 2 years, been in a relationship for 6 years. Recently we decided that we want to seperate. Do I have any chance to stay in Australia? Do I have to apply for another type of visa? How many days after informing the Immigration do I have to leave the country? Thanks.

Tim W

LawTap Verified
28 April 2014
This information is general, and is not intended to address your specific case.

On a Sub Class 100, a person can sometimes be able to stay in Australia if either of these three things is in play:

1. If the holder is a survivor of domestic/ family violence involving their sponsor; or
2. If the holder and the sponsor have a child of the relationship; or
3. If the sponsor has died (perhaps not really relevant in this case).

This is not an unusual thing to happen.
But you do need to consult a lawyer who is also a Registered Migration Agent
for properly considered, case specific, advice.