Relationship Breakdown Before 801 Grant: Your Legal Position in 2026
What happens to your partner visa if your relationship ends before the 801 is granted, and what you must tell the Department.
If your relationship with your sponsor ends before the Partner visa (Permanent) (subclass 801) is granted, your case does not automatically close. On the Department of Home Affairs Partner visa (Permanent) (Subclass 801) official page, as at October 2026, the Department states that you "might still be eligible for the permanent visa if your relationship ends or your partner dies", that family violence provisions may also keep you eligible, and that "all information you provide is confidential". What you are required to do is tell the Department about the change and use the notification route it sets out. This article explains how the published rules work in general terms; it is not advice on your own case, and your position depends on your circumstances, so check the official page and get advice from a qualified professional before you act.
Does a separation end my permanent partner visa case?
No, not by itself. The starting rule on the official page is that you must continue to be the spouse or de facto partner of the same person who sponsored you for the temporary Partner visa (subclass 820). Immediately after that rule, though, the Department lists the situations in which you may still be granted the permanent visa: your relationship ends, your partner dies, or you are experiencing domestic and family violence.
The rest of the eligibility criteria still apply. You must hold a subclass 820 or a Dependent Child (subclass 445) visa, you and any family unit members must continue to meet the health requirement, any debt to the Australian government must be repaid or arranged for repayment, and the visa may not be granted if doing so would not be in the best interests of an applicant under 18.
Timing matters too. Two years must have passed since you applied for the subclass 820 and 801 visas before you can be assessed for the permanent visa, and you can check the date you applied in ImmiAccount. The Department may grant the subclass 801 in less than two years if you were in a long-term partner relationship with your sponsor when you applied.
When am I assessed, and what happens at the decision?
You become eligible for consideration of the permanent visa two years after you apply for both the temporary and permanent Partner visas. Documents for the permanent stage are submitted in ImmiAccount under "Stage 2 – Permanent Partner Visa Assessment", and the Department asks that they not be sent before the two-year point.
You can be in or outside Australia when the decision is made, and the Department will tell you its decision in writing. If the visa is granted, the notice sets out your visa grant number, the date your visa starts and your visa conditions. If it is refused, the notice explains why and whether you have a right to a review of that decision. The official page states that the application fee is not refunded if the application is refused. Because partner visa processing can be long, the Department also recommends updating your documents and relationship evidence regularly through ImmiAccount.
What am I required to tell the Department, and how?
A change in your marital or de facto status is listed among the things you must let the Department know about, along with the birth of a child, any other change relevant to your application, and a request to withdraw your application. That obligation applies both when you are preparing your permanent-stage documents and after you lodge them but before a decision is made.
For a relationship ending, the official page says you may need to complete the Notification of Relationship Cessation form in ImmiAccount, and directs you to the "Your relationship has changed" page to confirm what applies to you. Where an applicant does not have access to ImmiAccount, the alternative route given is the Partner Processing Enquiry Form. If you cannot upload documents in ImmiAccount, that same form is the channel the Department names.
Your contact details matter more than usual at this point. The Department asks applicants to provide their own phone number and email address, and it may contact you directly even if you nominated your sponsor's email address for correspondence, appointed your sponsor or someone else as your authorised recipient, or appointed someone to give you immigration assistance. If you have appointed people in those roles and no longer want them involved, the withdrawal routes are Form 956A for an authorised recipient and Form 956 for a registered migration agent, legal practitioner or exempt person.
Will my sponsor be told what I submit?
The Department's statement on the partner visa page is direct: all information you provide is confidential. It also treats online access as part of your personal safety, and the steps it recommends after a relationship ends are practical ones.
- Change your ImmiAccount password as soon as possible.
- Do not use saved passwords to access ImmiAccount.
- Change your email password, or consider setting up a new email account.
- Protect your ImmiAccount, email account and passwords, and do not share them with anyone.
The eSafety Commissioner's online safety checklist is the resource the Department points to for planning online safety in a domestic and family violence context.
Where does sponsorship sit after the relationship ends?
A sponsor's obligations are to sponsor their partner and the family members in the application, and to assist them financially and with accommodation. Sponsorship does not run indefinitely: it ends two years after the visa is granted if the applicants are in Australia at the time of grant, or two years after their next arrival in Australia if they were outside Australia at grant. That end date applies even if the permanent visa is granted straight after the temporary one.
One point is often misunderstood. The official page states that a sponsor cannot withdraw as a sponsor after the visa is granted. A sponsor who wants to act on a relationship breakdown is directed to the "Your relationship has ended" information instead.
What if the breakdown involves domestic and family violence?
The Department treats this as a separate pathway rather than an ordinary relationship cessation. On the partner visa page it states that if you are experiencing domestic and family violence, it may be able to help you and you may still be eligible for the grant of your permanent visa. The detailed criteria sit in the family violence provisions information, which is the material the official page links to.
Confidentiality and online safety apply here with more force than usual, because the same ImmiAccount may have been set up or accessed by the person who harmed you. Separating your own contact details from your sponsor's, and securing your ImmiAccount and email, are the two steps the Department's own guidance puts first.
Frequently Asked Questions
Does separating from my sponsor cancel my subclass 820 visa?
The official page does not say that separation cancels your temporary visa on its own. What it says is that the permanent visa normally requires you to continue to be the spouse or de facto partner of your sponsor, and that you may still be eligible where your relationship has ended, where your partner has died, or where family violence provisions apply. Any decision on your case is given to you in writing, with reasons and review rights if the application is refused.
Do I have to notify the Department if the relationship ends?
Yes. A change in your marital or de facto status is one of the changes the Department lists as something you must tell it about, both before and after you lodge your permanent-stage documents. The notification route named on the page is the Notification of Relationship Cessation form in ImmiAccount, with the Partner Processing Enquiry Form as the alternative if you cannot access ImmiAccount.
Will my sponsor see what I tell the Department?
The Department states that all information you provide is confidential, and it may contact you directly using your own contact details even if your sponsor's email was nominated for correspondence or your sponsor was appointed as your authorised recipient. It also recommends changing your ImmiAccount password immediately, avoiding saved passwords, and changing your email password or setting up a new email account.
Can my sponsor withdraw their sponsorship while my 801 is pending?
The official page states that a sponsor cannot withdraw as a sponsor after the visa has been granted. Sponsorship obligations to assist financially and with accommodation continue, and sponsorship comes to an end two years after the visa grant for applicants in Australia at grant, or two years after their next arrival for applicants who were outside Australia.
Can I still get the 801 if there was family violence in the relationship?
The Department states that it may be able to help if you are experiencing domestic and family violence, and that you may still be eligible for the grant of your permanent visa. The family violence provisions are the set of rules that apply, and the Department points to its dedicated family violence and your visa information for how they work.
When will my permanent visa actually be assessed?
Two years must have passed since you applied for the subclass 820 and 801 visas before you are eligible to be assessed for the permanent visa, and you can check your application date in ImmiAccount. The Department may grant the subclass 801 in less than two years if you were in a long-term partner relationship with your sponsor when you applied. It does not guarantee that any application will be decided within the current published processing timeframe.