📌 What Happens to Your 485 Visa After a Divorce?

If you’re in Australia on a subclass 485 visa as a secondary applicant (dependent visa) — and your relationship with the primary applicant has broken down — it’s important to understand what this means for your visa status.

👥 Your 485 Visa Is Linked to the Primary Applicant

As a dependent on a 485 spouse visa, your visa was granted based on your genuine relationship with the primary visa holder (usually your spouse or de facto partner). If this relationship ends — whether by separation or divorce — the foundation of your visa ceases to exist.

What happens to dependent visa after divorce? It’s one of the most common and complex questions, especially when you’re on a temporary visa like 485.

⚠️ What Will the Department of Home Affairs Do?

Once the primary applicant notifies the Department (or if the Department becomes aware of the change), they will likely issue you a Notice of Intention to Consider Cancellation (NOICC). This means:

• You will be given an opportunity to respond and explain your situation.
•  However, if the relationship has legally ended and there are no ongoing ties, there may be limited grounds to prevent cancellation.

What happens if I break up with my partner on a partner visa? — If you’re in a similar situation under any other visa subclass like a partner visa, the Department takes a similar approach.

🚫 What Happens If Your Visa Is Cancelled?

• Once cancelled, you will have only 5 days to apply for a review through the Administrative Appeals Tribunal (AAT).
• During this process, the only visa you can generally apply for onshore is a Bridging Visa E (BVE).
• A BVE comes with strict conditions and limited work or study rights, and it does not lead to permanent residency.

🔄 Can You Switch to Another Visa?

In many cases, once on a BVE, options become extremely limited. That’s why it’s crucial to act before your visa is cancelled.

You may consider other pathways such as:

• Employer sponsorship (e.g. 482 or DAMA if eligible)
• Partner visa (if in a new genuine relationship)
• Regional visas
• Student visa (if planning to study)

But these options often require advance planning and meeting specific eligibility criteria.

➡️ What happens if you break up on a permanent partner visa? This question often arises when your relationship ends but your visa is still under review or early stages. Planning ahead is essential.

Also note, visa timelines matter. For example, 485 visa processing time and 485 spouse visa processing time can affect your transition strategy. If your situation changes mid-process, this can impact your outcome. If you’re aiming for a 485 visa extension, explore eligibility now.

✅ Our Advice: Act Early, Strategise Wisely

Relationship breakdowns are difficult — emotionally and legally. But don’t wait until the Department cancels your visa. At Visa Empire, our visa agents assisted many individuals in similar situations, helping them navigate through complex immigration challenges.

Let us assess your options and help you plan a new migration strategy based on your current situation.

📞 Call us on 1300 331 955

🌐 Visit: www.visaempire.com.au

📍 Offices in Melbourne, Perth, Brisbane, Vietnam & India. Online consultations available Australia-wide