Divorce isn’t just an emotional milestone, it can also bring serious legal and immigration consequences, particularly for those living in Australia as permanent residents or on temporary partner visas.
If you’re currently separating or considering divorce and are unsure how it might affect your visa or residency, this guide will help you understand what to expect, and what steps to take next.
Permanent residency (PR) allows non-citizens to live, work, and study in Australia indefinitely. It can be granted through various pathways, including:
While permanent residency provides many of the same rights as citizenship, changes in personal circumstances, such as divorce, can sometimes trigger a reassessment depending on your visa category and where you are in the process.
That depends on the visa you hold and the stage of your application.
If your permanent residency has already been granted based on a partner visa, divorce generally won’t affect your status. You can continue living in Australia as a permanent resident and may still be eligible to apply for citizenship in future.
However, it is important to notify the Department of Home Affairs of any significant personal changes, including separation or divorce.
If your relationship ends before you are granted a permanent visa, your eligibility for permanent residency may be affected.
In such cases, you are required to inform the Department of Home Affairs, and your visa could be cancelled unless:
The length and genuineness of your relationship are key considerations. If your relationship ends shortly after the visa is granted, the Department may investigate whether it was genuine at the time of your application.
You may be required to provide supporting evidence of a shared life before separation, such as joint finances, living arrangements, shared responsibilities, or communications that demonstrate an ongoing and committed relationship.
If you are a secondary applicant or listed as a dependent on your partner’s visa, divorce may affect your visa status.
For example:
It’s important to notify the Department of Home Affairs and seek legal advice to determine the best course of action.
If there are children from the relationship, their well-being and residency status can also influence immigration outcomes. Australian law prioritises the best interests of the child.
Having custody or shared parental responsibility may help strengthen your case to stay in Australia, even if your visa eligibility is otherwise uncertain.
Divorce does not automatically cancel permanent residency. However, if you are still on a temporary visa or recently received PR through a relationship, it is vital to understand your obligations and take proactive steps.
The earlier you seek professional advice, the more options you may have to protect your rights and stay on track with your migration journey.