which visa to get?

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which visa to get?


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Old 04-30-2013, 08:48 AM
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Join Date: Apr 2013
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Users Flag! From australia

which visa to get?

Hi all,

Love the forums and reading through. Met my bf who is here on a defacto visa however it didnt work out quite early on. We met a few months ago and just moved in together. Im an aussie and want to sponsor him, defacto or marriage. Ive seen that we cant swap sponsors over, however not sure whether it will work. What can we do? All thoughts muchly appreciated


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Old 05-03-2013, 01:30 PM
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Join Date: Sep 2012
Location: Australia
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There might be a few issues here, the main one being:

Your current partner remained in Australia on a temporary partner visa after his relationship to his sponsor broke down? If so, he should have notified immigration immediately after the relationship broke down and most likely he would have needed to get another visa or leave the country. If he didn't do that, and has remained in Australia since, it could be very tricky for him to apply for a new partner visa in Australia. He will essentially have been staying in Australia on false grounds.

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Old 05-03-2013, 01:43 PM
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Join Date: Aug 2012
Location: New Hampshire
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Lindaa is completely right and you guys are in for a hard road. My suggestion would be one of the following:
1) Get a REALLY good migration lawyer/agent and start praying fervently
2) Have him alert immigration immediately that his relationship broke down, move to his home country with him, do a year together there -- and hope to heck that immigration never gets wind that he violated the terms of his TR visa and gets barred from Aus for 3 years -- and then apply for your own de facto visa.
3)Have him alert immigration immediately of the breakup, he leaves Oz. You continue your relationship online/phone/with visits. Then apply for a PMV after a while.
4)Have him alert immigration immediately of the breakup, he leaves Oz. He applies for a skilled visa or a student visa. Then he can come back. From there (if it's a TR visa) you can be together and gather evidence so you can apply de facto down the road.

I would say that you are in for trouble, ESPECIALLY if you apply soon. Not only did he violate the terms of his TR (and by applying now, onshore, and showing your evidence of a relationship during his de facto visa with the other partner, you are telling and proving that to the DIAC), but you have to see how it might look to a case officer who has never met you guys and is just looking at a file... The relationship with the first girl didn't work out, so he found another Aussie straight away... and did so without letting immigration know about breakup so as to buy him time to meet his next ticket. Or, they don't find out that he didn't alert them, then it looks like the relationship broke down and he immediately moved in with you -- which might look like he either didn't care much about the other relationship and is just after a visa.

Please don't think I am saying that is how it went or what his motivations really are. I just want you to put yourself in the case officer's shoes for a second and see how it looks from that angle so you understand how difficult this is going to be for you guys.

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Old 05-05-2013, 08:42 PM
AustraliaForum.com Editor
 
Join Date: Oct 2012
Posts: 697
Users Flag! From australia

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Hi Bellatoad

First of all, welcome to the forum.

I note your tricky situation and the various helpful comments from other members. There are a number of potentially helpful posts on the forum with regards to relationship breakdowns which you can access via the following link :-

http://www.australiaforum.com/google...2514j378180j22

I hope these are of assistance.

Regards,


Mark


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Old 05-06-2013, 12:15 PM
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I agree with all of the above. Is ur man from a high risk country?

Sent from my iPad using Australia

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