Can You Still Get Partner Visa 100 If Your Relationship Ends in 2026?

Updated 2026-10-11 · General information, not migration advice · Run by the Arrivau team

Yes — a separation does not automatically close your subclass 100 case. According to the Australian Department of Home Affairs official page for the Partner (Migrant) visa (Subclass 100), as of the October 2026 version of that page, you might still be eligible for the permanent visa if your relationship ends or your partner dies before the permanent visa is granted. The same page also says you may need to complete a Notification of Relationship Cessation form in ImmiAccount, and that all information you provide is confidential.

What does the subclass 100 page actually require of your relationship?

The starting rule on that page is straightforward: you must continue to be the spouse or de facto partner of the same person who sponsored you for the temporary Partner visa.

Set against that rule, the page identifies three situations in which the permanent visa may still be considered even though the relationship no longer continues:

your relationship ends before the permanent visa is granted
your partner dies before it is granted
you are experiencing domestic and family violence

The page does not spell out the detailed tests for any of those three. For the substance it points readers to the Department's "Your relationship has changed" page and its family violence provisions pages, so that is where the criteria that actually decide a case are set out. What follows here is general explanation of those rules rather than an assessment of your own situation — how they apply to a particular history is something to confirm against the current official pages or with a registered migration agent or legal practitioner, who are the only people able to look at your full record.

Do I have to tell the Department that the relationship has ended?

Yes, notification is part of the process rather than optional housekeeping. The subclass 100 page lists changes to your marital or de facto status among the things you need to tell the Department about after you apply and before a decision is made, alongside the birth of a child, any other change relevant to the application, and a request to withdraw.

For the permanent stage specifically, the page says you may need to complete the Notification of Relationship Cessation form in ImmiAccount, and directs you to check "Your relationship has changed" to confirm whether it applies to you. Where ImmiAccount is not accessible, the page names the Partner Processing Enquiry Form as the alternative channel for notifying the Department.

Will my sponsor see what I tell the Department?

The page states plainly that all information you provide is confidential. Being believed on that point matters, because a shared email address or a shared agent is often the very thing that stops someone from notifying a breakdown at all.

The Department treats the end of a relationship as a moment to secure your own access. On the official page it recommends changing your ImmiAccount password as soon as possible, not using saved passwords to sign in, and changing your email password or considering setting up a new email account; it also refers readers to the eSafety Commissioner's online safety checklist. The Department may still contact you directly even if your sponsor's email address was nominated for all electronic correspondence, or your sponsor was appointed as your authorised recipient or to give you immigration assistance, which is why the page asks you to keep your own contact details current.

When can the permanent stage be considered at all?

Two years must have passed since you applied for the subclass 309 and 100 visas before you are eligible to be assessed for the permanent visa. The page says you can check the date you submitted your application in ImmiAccount, and it is explicit that permanent-stage documents should not be sent before the two years have passed.

Two exceptions are listed for being granted in less than two years:

you were in a long-term partner relationship with your sponsor when you applied for the subclass 309 and 100 visas
your sponsor is, or was, the holder of a permanent humanitarian visa, and before that permanent visa was granted you had informed the Department about your married or de facto relationship with them

What else can still stop a subclass 100 grant?

Ending a relationship does not switch off the rest of the criteria. You and any members of your family unit, including dependent children who apply with you, must continue to meet the health requirement, and the Department will tell you if health examinations done for the subclass 309 need to be repeated or extended. Any money owed to the Australian Government by you or a family member must be repaid or arranged to be repaid, including by family members who are not coming to Australia with you. The visa might not be granted if it would not be in the best interests of an applicant under 18.

Character is assessed again at this stage. An Australian police certificate is usually required for the permanent stage if one was not attached to the subclass 309 application, and it must be a complete disclosure National Police Certificate issued by the Australian Federal Police — state and territory certificates and standard disclosure certificates are not accepted, and the certificate is treated as valid for 12 months from its issue date. You also need an overseas police certificate from any country, including your home country, where you spent a total of 12 months or more since the grant of your 309 visa. Throughout, you must prove your identity and provide true information.

Because Partner applications can have long processing times, the page advises updating your documents and relationship evidence regularly through ImmiAccount, which still applies while a post-separation case is being assessed.

What happens if the visa is refused?

You can be in or outside Australia when the decision is made, and the Department will let you know its decision in writing. If the visa is refused, the written notice will tell you why it was refused and whether you have a right to a review of that decision. The page also states that the application fee will not be refunded if the application is refused.

Frequently Asked Questions

Does separating from my sponsor automatically end my subclass 100 case?

No. The official page for the subclass 100 visa states you might still be eligible for the permanent visa if your relationship ends before it is granted. It treats the breakdown as something that must be notified and assessed, not as an automatic refusal.

Do I have to use the Notification of Relationship Cessation form?

The subclass 100 page says you may need to complete that form in ImmiAccount, and tells you to check the "Your relationship has changed" page to confirm whether it applies in your situation. If you cannot access ImmiAccount, the page names the Partner Processing Enquiry Form as the alternative way to notify the Department.

Is what I tell the Department about the breakup kept private?

The page states that all information you provide is confidential. It also recommends changing your ImmiAccount password as soon as possible, avoiding saved passwords, and changing your email password or setting up a new email account.

Can I still be granted the visa if my partner has died?

The eligibility page covers this in the same sentence as relationship breakdown: you might still be eligible if your partner dies before the permanent visa is granted. The detailed criteria sit on the pages the subclass 100 page links to about your relationship having changed.

What if the relationship ended because of domestic and family violence?

The subclass 100 page says the Department may be able to help and that you may still be eligible for the grant of the permanent visa. It points to the family violence provisions pages for how that is assessed and what is required.

Will I get the application fee back if the 100 visa is refused?

No. The page states the application fee is not refunded if the application is refused. The written decision will also explain why it was refused and whether you have a right to review.

Do I still have to wait two years from my 309/100 application?

Two years must have passed since you applied before you are eligible to be assessed for the permanent visa, and documents should not be sent before then. The page lists two exceptions that may allow the permanent visa in less than two years: a long-term partner relationship when you applied, or a sponsor who is or was the holder of a permanent humanitarian visa where the relationship was declared before that visa was granted.