Divorce or Separation While Your Visa 186 Is Being Processed

Life does not wait for the migration process. If you divorce or separate from your partner while your subclass 186 application is being processed, it is important to understand your duty to notify and how it affects each member of the family.

Is the primary applicant affected?

No — divorce or separation does not affect the visa 186 application of the primary applicant. The subclass 186 is tied to the employer-employee relationship, not to marital status.

You can continue your application and receive the subclass 186 as normal.

The dependent application (a partner you included) is affected

If you included your partner in the subclass 186 application as a dependent applicant, and you later divorce or separate:

1. Duty to notify: you must inform DHA of this change. Failing to report a change in marital status breaches your obligations to DHA.

2. The dependant’s application: once the relationship has ended, the dependant no longer qualifies as your dependant. DHA may refuse or cancel their dependent visa application.

3. Separate handling: if they wish, the former dependant may apply for another visa that suits their new circumstances.

How to notify DHA

Use ImmiAccount to update your relationship details. Send a letter or email explaining the change and provide supporting documents if needed.

You should not delay notifying — DHA has the power to cancel a visa if it finds that information was not updated in a timely way, even where the change does not affect the primary application.

Family violence situations

If the relationship ends because of family violence, there are special protections under the Migration Act:

• A dependant who is a victim of family violence may still be considered for the grant of a visa even though the relationship has ended, under the family violence provisions in the law
• This applies to permanent visas such as the subclass 186

If you are in this situation, contact a migration agent or a family violence support service in Australia right away.

If you separate after the visa has been granted

If the subclass 186 has already been granted to both you and your dependant, and you then separate:

• Each of you keeps your own subclass 186 (it is not cancelled)
• There is no need to report to DHA (this is a change in marital status, not a change in the visa)
• Both of you remain independent permanent residents

This situation is entirely different from separating while the application is still being processed.