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Discussion Starter · #1 ·
Hi all. I have a question. My friend is from England and she came to Australia under de facto visa with her partner who is a Kiwi. But now her relationship broke down. She left the Kiwi sponsor and now she is still on the TR stage her PR is not yet granted (1st stage?).

My question is should she notify immigration about the break up?

And because now she's on relationship with an Australian and they're thinking of applying for de facto again (now with the Australian as the sponsor). Is she allowed to do that? Or she is under the five year ban limitation too?

Thanks for helping
 

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Yes, immigration needs to be notified.

The issue she'll have is meeting the de facto requirements for the next visa if she has been claiming to be in the old relationship (by not notifying that she no longer was) and will now claim to have been de facto for 12 months with a new sponsor.

And how does she plan to stay in Australia and apply for another partner visa? Likely immigration would cancel the 820 and she'll need to leave. If she plans to apply onshore, she'd need to get onto another visa to do so. Lots of issues that can come up.
 

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Discussion Starter · #3 ·
Yes, immigration needs to be notified.

The issue she'll have is meeting the de facto requirements for the next visa if she has been claiming to be in the old relationship (by not notifying that she no longer was) and will now claim to have been de facto for 12 months with a new sponsor.

And how does she plan to stay in Australia and apply for another partner visa? Likely immigration would cancel the 820 and she'll need to leave. If she plans to apply onshore, she'd need to get onto another visa to do so. Lots of issues that can come up.
I am assuming once her current 820 visa ends she won't have a valid visa to stay here anymore?
I think her plan is after this 820 expired she will lodge application for another 820 with the current partner and hence live under bridging until she got another 820 and hopefully this time granted until 801.

So, she really should tell immigration? Because as far as I am aware she has spoken with someone and being told not to notify immigration.
 

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Not notifying immigration is against the law. It opens her up to a world of pain. Permanent visas aren't always permanent especially when they have been obtained fraudulently..

820's don't expire - they are either cancelled or superceeded by 801's.

I would expect the second 820 to get a negative decision very quickly, but by all means tell her to make the donation to Australia's governments funds.
 

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"End of the relationship

Tell us if your relationship changes or ends by contacting us in writing."

It's pretty black and white on the immigration website for the visa and part of her visa conditions.

Unless they plan on donating $7k to Aussie gov't and getting refused and still having to go home, she should hire an RMA. I can tell you it's far more complicated than she thinks it's going to be. And either way, how does she meet the de facto requirements to even apply in the first place? Plus applying without a substantive visa she'll face schedule 3. Even if she ges the BVA, if the visa linked to it is cancelled then so is it.

If it sounds to me, a complete stranger with limited information that she's just doing whatever she can to stay in Australia, you can bet a CO will think that and more. She could be throwing away her chances at staying here completely.
 

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She can't start the relationship with the new person and meet the exclusion of all others part of it until she has informed immigration of the end of her current relationship - which will result in them moving to cancel the visa long before she can't reach a year defacto..

If she does state it was to the exclusion of all others then the department will move to cancel her current visa on the grounds of not fulfilling the requirements of the visa.

However you look at it she is in a mess - I agree with what Sky said, she is more interested in staying in Australia then anything else, im not inclined to provide any further assistance. Pay for good quality advice from an agent.
 

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Discussion Starter · #7 ·
Not notifying immigration is against the law. It opens her up to a world of pain. Permanent visas aren't always permanent especially when they have been obtained fraudulently..

820's don't expire - they are either cancelled or superceeded by 801's.

I would expect the second 820 to get a negative decision very quickly, but by all means tell her to make the donation to Australia's governments funds.
So if she notify immigration about relationship end while on 820 they will likely to be cancelling her visa?
 

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So if she notify immigration about relationship end while on 820 they will likely to be cancelling her visa?
The purpose of that visa is to be able to live in Australia with your partner. That is no longer her partner so she no longer qualifies to have it.

She may be given a chance to respond within a timeframe of why she should get to stay (if you haven't already mentioned those items, I doubt they apply to her) then she'll need to leave thr country within a timeframe after the decision is made. I believe a bridging visa is given to provide ample time (28 days I think) to arrange to leave.
 

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So if she notify immigration about relationship end while on 820 they will likely to be cancelling her visa?
Correct.

And if she doesn't tell them about it then she will end up worse off when they catch her for breaching her visa conditions, providing false or misleading documentation and they will then remove her from the country and ban her from reapplying.
 

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Discussion Starter · #10 ·
So if she notify immigration about relationship end while on 820 they will likely to be cancelling her visa?
Correct.

And if she doesn't tell them about it then she will end up worse off when they catch her for breaching her visa conditions, providing false or misleading documentation and they will then remove her from the country and ban her from reapplying.
Okay thanks for the help now I get to talk with her about this and hopefully she will finally understand. She understands that she is not allowed to be in a relationship with someone else atm but she told me she doesn't have to notify immigration.

She in some serious trouble.
 

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Okay thanks for the help now I get to talk with her about this and hopefully she will finally understand. She understands that she is not allowed to be in a relationship with someone else atm but she told me she doesn't have to notify immigration.

She in some serious trouble.
I'm surprised her previous sponsor hasn't informed immigration.
 

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Discussion Starter · #12 ·
Okay thanks for the help now I get to talk with her about this and hopefully she will finally understand. She understands that she is not allowed to be in a relationship with someone else atm but she told me she doesn't have to notify immigration.

She in some serious trouble.
I'm surprised her previous sponsor hiasn't informed immigration.
I don't know much about previous sponsor but he could be going back to NZ.
Or maybe both of them are just clueless about not having to report to immigration.
Or she got her own visa detail wrong and in fact she is a 801al not 820 therefore no need to tell immigration? (highly unlikely tbh but could be. But again how stupid someone can be to forget their visa detail)

I remember after breaking up she said after her current visa end then she will have to find other visa. Not I am shocked cause as ypu guys said 820 has no specific expiration date? Could it be because they changed the system? She applied like 2 to 3 years ago maybe.
 

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I don't know much about previous sponsor but he could be going back to NZ.
Or maybe both of them are just clueless about not having to report to immigration.
Or she got her own visa detail wrong and in fact she is a 801al not 820 therefore no need to tell immigration? (highly unlikely tbh but could be. But again how stupid someone can be to forget their visa detail)

I remember after breaking up she said after her current visa end then she will have to find other visa. Not I am shocked cause as ypu guys said 820 has no specific expiration date? Could it be because they changed the system? She applied like 2 to 3 years ago maybe.
If she's on an 801 she doesn't need to do another partner visa so that's not likely it.

The 820 remains in place until a decision is made on the 801 or the visa is cancelled or withdrawn.

It is made very clear in the process and even written in her grant letter that she's required to notify the department of changes in circumstances. The sponsor is also required to notify the department.

They will assess the relationship again and they'll find out they are no longer together. She can't stop the inevitable. Except if it goes that far, like already said she'll face deportation and a ban from Australia.
 

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you would be surprised how many have no idea on the conditions of their visa, many seem to read visa granted stop reading and think that's the end of story!
then cry poor me no one told me.
Wow, people are really stupid. Boggles the mind.
 

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Hi all. I have a question. My friend is from England and she came to Australia under de facto visa with her partner who is a Kiwi. But now her relationship broke down. She left the Kiwi sponsor and now she is still on the TR stage her PR is not yet granted (1st stage?)
Just checking - is it an 820/801 visa that she's applied for? Or a 461?
 

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^THIS is exactly what I was going to ask. If her partner is a Kiwi, are you sure she's not on a 461? That would be more typical. And then she WOULD be able to be sponsored by an Aussie for an 820. Though still not until she meets de facto requirements - ie, with this new person for a year AFTER informing Immi of her old relationship breakdown and having her visa cancelled. So she will still have many of the same problems.

She REALLY needs to talk to a good MARA-registered agent like one of the several that frequent this forum.
 

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Discussion Starter · #19 ·
^THIS is exactly what I was going to ask. If her partner is a Kiwi, are you sure she's not on a 461? That would be more typical. And then she WOULD be able to be sponsored by an Aussie for an 820. Though still not until she meets de facto requirements - ie, with this new person for a year AFTER informing Immi of her old relationship breakdown and having her visa cancelled. So she will still have many of the same problems.

She REALLY needs to talk to a good MARA-registered agent like one of the several that frequent this forum.[/QUOTEp]

I'm not sure she is a 461 or 820 801. Is the 461 can lead to PR? Or its on Temporary? She always said she is on de facto with the now Kiwi ex who sponsored her. And she told me that she is not required to report anything to immigration after the breakup but she also said technically she is not allowed o be in ther de facto with someone else.

Until today she hasn't satisfied the one year requirements for de facto with the new partner but doing everything she can to at least qualify (joint bank account, pushing her housmate to put the partner name on the lease agreement even he is not contributing in paying the lease).

I am just worried now that she seems breaching the law.
 

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Hi all. I have a question. My friend is from England and she came to Australia under de facto visa with her partner who is a Kiwi. But now her relationship broke down. She left the Kiwi sponsor and now she is still on the TR stage her PR is not yet granted (1st stage?).

My question is should she notify immigration about the break up?

And because now she's on relationship with an Australian and they're thinking of applying for de facto again (now with the Australian as the sponsor). Is she allowed to do that? Or she is under the five year ban limitation too?

Thanks for helping
The first thing to do is to establish exactly what visa she is on, otherwise you are just speculating.

If she was on a sc. 461 visa, the approach would be very different than if she was on one of the partner visas.
 
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