Partner Visa After Separation: The Child-of-the-Relationship Ground, and the Sponsor-Death Ground

Where this ground sits in the Regulations

The child-of-the-relationship ground appears in the same subclauses as the family violence exception, immediately alongside it: clause 820.221(3)(b)(ii) for the onshore temporary visa, clause 309.221(3)(b)(ii) for the offshore temporary visa, clause 801.221(6)(c)(ii) for the onshore permanent visa, and clause 100.221(4AA) for the offshore permanent visa (drafted as its own subclause rather than folded into the family violence one, but requiring the same underlying facts). In each case, the applicant needs only to satisfy this ground OR the family violence ground OR the sponsor-death ground — not more than one.

What the clause actually requires, in its own words

Clause 100.221(4AA) requires that the applicant: holds, or held, a Subclass 309 visa; would meet the standard continuing-relationship requirement except that the relationship with the sponsoring partner has ceased; and has custody or joint custody of, or access to, or a residence order or contact order under the Family Law Act 1975 relating to, at least one child in respect of whom the sponsoring partner has been granted joint custody or access by a court, or has a residence order or contact order under the Family Law Act 1975, or has an obligation under a child maintenance order under that Act or any other formal maintenance obligation.

Read plainly, that means two things have to be true about the same child: the applicant has an ongoing custody, access or court-order relationship with that child, and the sponsoring partner separately has a custody, access, or maintenance-order connection to that same child. It is not enough for the applicant alone to be a parent — the sponsoring partner's own formal connection to the child is what makes this ground apply. In practice this is most often a child of the relationship between the applicant and the sponsor, though the clause is worded around the two connections rather than around biological parentage as such.

The onshore and offshore clauses are worded to the same effect (820.221(3)(b)(ii), 801.221(6)(c)(ii), 309.221(3)(b)(ii)), each requiring the applicant's own custody, access or Family Law Act order relating to the child, alongside the sponsoring partner's custody, access, order, or maintenance obligation to that same child.

"Residence order" and "contact order" — what these terms point to

The Regulations use the terms residence order and contact order made under the Family Law Act 1975. These are terms for the kinds of parenting arrangements a family court can make about where a child lives and who they spend time with, and a child maintenance order is the Family Law Act mechanism for a court-ordered financial support obligation. Whether a family law order that already exists, or one still being sought, meets what this clause requires is a family law and migration law question together, not something a general description like this can determine for an individual case.

What this ground does not require

This ground does not require any claim or evidence of family violence. It also does not turn on why the relationship ended, on whether either party is at fault, or on whether the separation was mutual. It turns entirely on the two custody/access/maintenance connections described above continuing to exist. An applicant who could not, or would not want to, make a family violence claim can still potentially rely on this ground if the underlying child-connection facts are present.

The sponsor-death ground

A separate exception applies where the sponsoring partner has died. Clause 100.221(3) (offshore permanent), clause 801.221(5) (onshore permanent), clause 820.221(2) (onshore temporary) and clause 309.221(2) (offshore temporary) each provide that the applicant meets the requirement if they would otherwise meet the standard continuing-relationship criterion except for the sponsoring partner's death, and the applicant satisfies the Minister that the relationship would have continued had the sponsoring partner not died.

The second limb — satisfying the Minister the relationship would have continued — is a genuine requirement, not a formality: the Regulations do not treat the sponsor's death alone as automatically sufficient. What evidence supports that requirement in a given case is again a matter for individual advice rather than a general description.

If neither ground applies, and there is no family violence

Where a relationship has ended, no family violence exception is engaged, there is no ongoing child connection of the kind this ground requires, and the sponsoring partner has not died, the general position applies: a partner visa requires the relationship to be genuine and continuing at the time of decision, and an ended relationship without a recognised exception puts the application at risk of not meeting that requirement.

This page does not restate the full procedural picture for that situation — the notification obligation, what a sponsor's withdrawal of sponsorship does procedurally, and the difference between withdrawing an application and letting it be refused (including that partner visas are exempt from the general section 48 bar on further onshore applications, though Schedule 3 criteria can still apply to a second onshore application made without a substantive visa) — because our general guide to what happens when a partner visa relationship ends already covers that ground in full. The applicant's obligation to notify the Department in writing when circumstances change, including a relationship ending, arises under the Migration Act and is usually actioned through ImmiAccount or Form 1022; our guide to that form covers the mechanics.

When a MARA-registered agent or a legal centre helps here

Two judgement calls sit inside this ground that a general page cannot make: whether a particular custody, access or maintenance arrangement meets what the clause requires, and how to sequence evidence of it against an application already in progress. A MARA-registered migration agent can advise on both. Community Legal Centres Australia and Women's Legal Services Australia coordinate free legal help across every state and territory, including on the family law side of custody and maintenance arrangements, and National Legal Aid connects to each state and territory's Legal Aid commission.

If family violence is any part of this situation, read our dedicated family violence provisions guide before anything else. If you are in immediate danger, call 000. For confidential counselling and support, available 24 hours a day, 7 days a week, call 1800RESPECT on 1800 737 732 — the family violence provisions exist precisely so that no one has to stay in a violent relationship to keep a visa.

What is the child-of-the-relationship ground for a partner visa?

It is a Schedule 2 exception, separate from family violence, that lets a partner visa be granted despite the adult relationship ending — provided the applicant has custody, access, or a Family Law Act order relating to a child, and the sponsoring partner separately has their own custody, access, order or maintenance obligation to that same child. Both connections to the same child are required.

Does this ground require proving family violence?

No. It is entirely independent of the family violence provisions and does not require any claim or evidence of violence. It turns only on the ongoing custody, access or maintenance connections between the applicant, the sponsoring partner, and a shared child.

Does the child have to be biologically related to both the applicant and the sponsor?

The clause is worded around custody, access, and formal order or maintenance connections to the same child, rather than biological parentage directly. Whether a specific family arrangement satisfies the clause's wording is an individual assessment question, not something a general description can answer.

What happens if my sponsoring partner dies while my partner visa is still pending?

A separate ground in the same clauses (for example, clause 801.221(5) or clause 100.221(3)) allows the visa to be granted if the applicant would otherwise have met the standard requirements and satisfies the Minister that the relationship would have continued had the sponsor not died. The second part is a real requirement, not automatic.

What if my relationship ends and there's no child and no violence involved?

Then none of the exceptions on this page applies, and the general partner visa requirement — a genuine, continuing relationship at time of decision — governs. Our general guide to what happens when a partner visa relationship ends covers the notification obligation, sponsorship withdrawal, and the withdraw-vs-refusal decision in full.

Can I apply for a partner visa again if this application is refused?

Partner visas are exempt from the general section 48 bar on further onshore applications after a refusal, but if you do not hold a substantive visa when you lodge a new onshore application, Schedule 3 criteria apply instead, and satisfying them is a technical, evidence-heavy exercise. This is covered fully in our section 48 guide.

Do I need to tell the Department if my relationship ends while I have a child connection to my former partner?

Yes. The general obligation to notify the Department in writing when circumstances change — including a relationship ending — still applies regardless of which exception, if any, you may be relying on. This is usually done through ImmiAccount or Form 1022.