Can I Still Get the 801 Visa If My Relationship Ends in 2026?
Yes — a separation does not automatically end your pathway to the Partner visa (Permanent) (Subclass 801). According to the Australian Department of Home Affairs' Partner visa (Permanent) (Subclass 801) official page, you might still be eligible for the permanent visa if your relationship ends before the Department grants it. As of October 2026, that page describes three situations in which the permanent stage can still move forward after the relationship stops: the relationship ending, your partner dying, or family violence. This article is general information about how those published rules are described, not an assessment of your own case; your outcome depends on facts only the decision-maker can weigh, so the official pages remain the authoritative reference.
What does the 801 page actually say about a relationship ending?
The eligibility section starts from a strict position: you must continue to be the spouse or de facto partner of the same person who sponsored you for the temporary Partner visa. The very next line qualifies it. The Department states you might still be eligible for the permanent visa if your relationship ends or your partner dies before it grants the permanent visa, and it points applicants to its "Your relationship has changed" guidance for the detail.
The important limitation is that the 801 page itself does not list the criteria for those exceptions. It names the pathways and routes the assessment to separate official guidance. So the honest answer is that separation closes the ordinary route but not necessarily the visa, and the reason the relationship ended matters.
Do I have to tell the Department that we separated?
Yes, changes to your marital or de facto status are on the official list of things you must let the Department know about, alongside the birth of a child and any other changes relevant to your application. The obligation also continues after you lodge your permanent-stage documents and before a decision is made.
The 801 page says that if your relationship ends, you may need to complete the Notification of Relationship Cessation form in ImmiAccount, and it advises checking the "Your relationship has changed" page to confirm whether it applies to you. The official page also states that all information you provide is confidential, and that if you do not have access to ImmiAccount you can notify the Department using the Partner Processing Enquiry Form.
Which situations can keep the 801 alive after separation?
Three are named on the official page.
The relationship ends. This is the general pathway, assessed through the Department's relationship-change guidance rather than the 801 page.
Your partner dies. The same sentence covers death as a reason the relationship stops before grant, and the official page repeats it in the post-application section.
Family violence. The Department states that if you are experiencing domestic and family violence it may be able to help, and you may still be eligible for the grant of your permanent visa under the family violence provisions.
What these have in common is that the relationship requirement is being met in a different way, not waived. None of them removes the other requirements below.
Can my sponsor withdraw their sponsorship?
Not once the visa is granted. The sponsor page states that a sponsor cannot withdraw as a sponsor after the Department grants the visa. Sponsorship obligations — assisting your partner and any family members in the application financially and with accommodation — run for a defined period: it ends two years after the visa is granted if the applicants were in Australia at grant, or two years after their next arrival in Australia if they were outside Australia at grant. That applies even if the permanent visa is granted straight after the temporary one.
What still has to be true for the 801 to be granted?
Separation does not switch off the rest of the criteria. From the official eligibility and step-by-step pages, you must still:
- Hold a Partner visa (subclass 820) or a Dependent Child (subclass 445) visa.
- Wait until two years have passed since you applied for the 820 and 801, unless you were in a long-term partner relationship with your sponsor when you applied — in that case the visa may be granted in less than two years.
- Meet the health requirement, including any further health examinations the Department asks for.
- Meet the character requirement, which for the permanent stage usually means an Australian Federal Police National Police Certificate if you did not attach one with your 820, plus an overseas police certificate for any country where you spent 12 months or more since the 820 grant. Police certificates are valid for 12 months from the issue date.
- Have no debt to the Australian government, or have arranged to pay it back.
- Satisfy the Department that granting the visa is in the best interests of any applicant under 18.
If a refusal happens, the Department will tell you why in writing and whether you have a right to a review of the decision. It will not refund the application fee if it refuses your application.
What should I do in ImmiAccount after the breakup?
Log in to your own ImmiAccount using your own credentials. Check the date you submitted your 820 and 801 applications, which is where the two-year mark runs from. Update your contact details and address if they have changed. Check the "Your relationship has changed" guidance to confirm whether the Notification of Relationship Cessation form applies to you. Complete that form in ImmiAccount if it does. Attach documents showing the change, clearly labelled. Change your ImmiAccount password as soon as possible, and avoid saved passwords. Change your email password or consider setting up a new email account.
The Department specifically asks you to keep your own contact details current, because it may need to reach you directly even if you nominated your sponsor's email for correspondence, appointed your sponsor as an authorised recipient, or appointed someone to give you immigration assistance.
Is what I submit confidential, and does online safety matter here?
The official page states plainly that all information you provide is confidential. It also treats account access as a safety issue after separation: it recommends changing your ImmiAccount password promptly, not using saved passwords, and changing your email password or setting up a new email account. The eSafety Commissioner's online safety checklist is referenced by the Department for people planning for online safety in a domestic and family violence context.
Frequently Asked Questions
Can I get the 801 permanent visa if we separate?
Possibly. The Department of Home Affairs states on the Subclass 801 page that you might still be eligible for the permanent visa if your relationship ends before it is granted, though the normal rule is that you must continue to be the partner of the same sponsor.
Do I have to tell the Department that my relationship has ended?
Yes. Changes to your marital or de facto status are listed among the changes you must notify, both before and after you lodge your permanent-stage documents. You may need to complete the Notification of Relationship Cessation form in ImmiAccount.
Will my former partner be told what I submitted?
The official page states that all information you provide is confidential. It also asks you to keep your own contact details up to date so the Department can contact you directly, even if you previously nominated your sponsor's email address.
What if my partner dies before the 801 is decided?
The Department treats death as one of the reasons a relationship can end before grant while the applicant might still be eligible for the permanent visa. The same principle appears in both the eligibility section and the post-application section of the 801 page.
What if the relationship ended because of family violence?
The Department states it may be able to help and that you may still be eligible for the grant of your permanent visa under the family violence provisions. It also publishes online safety steps, including changing your ImmiAccount and email passwords.
If my 801 is refused, do I get the fee back?
No. The Department states it will not refund the application fee if it refuses your application, and it will tell you in writing why it refused and whether you have a right to a review.