Visa subclass 100 and separation

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Szymonkk

Member
2 August 2020
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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

Lawyer
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28 April 2014
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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.
 

Naolala

Member
13 August 2020
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It depends on your current visa status. If you are currently holding a 100 visa, then you are already a permanent resident and you don't need to inform the DHA of your relationship circumstance. While if you are holding a 309 visa and heading to 100, then Tim is right, you can only get the 100 visa under certain circumstances. You can use VEVO check on DHA website to confirm your visa status.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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It depends on your current visa status. If you are currently holding a 100 visa, then you are already a permanent resident and you don't need to inform the DHA of your relationship circumstance.
I am not at all sure that this statement is correct.
If the premise of your 100 goes away - such as when you are no longer in a relationship with the sponsor, then you do have a duty to notify of that change.
Home Affairs even has an online form to do it with.

While if you are holding a 309 visa and heading to 100, then Tim is right, you can only get the 100 visa under certain circumstances.
You can disregard this, @Szymonkk .
You've told us above that you're already on a Subclass 100.
 
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