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My Australian Partner is threatening to have my Partner visa cancelled, can he do this?

My Australian Partner is threatening to have my Partner visa cancelled, can he do this?

The simple answer is no he can’t.

If you’re in Australia on a Temporary Partner Visa (either the Subclass 820 or the Subclass 309), the Department will contact you if your partner has informed them that your relationship is not ongoing. By letter the Department will ask you to respond to them and let them know whether the relationship is intact or has broken up. If the relationship is no longer ongoing, you will not be able to progress to either the Subclass 801, or Subclass 100 Permanent Partner Visa, as the department will ultimately refuse the Permanent Partner Visa, unless you inform them that you wish to withdraw the application for the Permanent Partner Visa.

If however you have already progressed to the Permanent Partner Visa, you are an Australian Permanent Resident, and even if your relationship is no longer ongoing, your visa will not be cancelled.

There are few grounds for cancellation of Partner Visas. They include however having a substantial criminal record, committing a serious crime whilst the holder of the visa, or being granted the visa as a result of fraudulent evidence being submitted with the application.

For more information, read our blog post on this topic here.

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