[wiw]

Hi all,

Just want to get a few feedbacks regarding my situation, any help is appreciated, thank you all so much.

Timeline (Just so it's easier to read)

2011: I was on a student visa, and decided to apply for Defacto visa with my Australian partner. Since then, I am on Bridging Visa A.

Beginning of Jan 2013: My Australian partner ended the relationship. However we did not notify Immigration about this.

May 2013: I found a new partner and we have a committed relationship. He is a Permanent resident in Australia. After a few months, he and I have discussed about applying for defacto together.

Now: My partner and I want to apply for de facto together, but because I have applied for a defacto with my previous partner and Immigration does not know that we are no longer together, am I able to apply for a new one?

I have spoken to one immigration agent, he said there is nothing stopping me from making another application, and we do not have to notify immigration about my previous relationship ending.

Is this true?

Many thanks for reading, any help would be great.

 

[GBP]

I'm surprise that your agent told you not to inform the DIBP regarding the breakdown of your previous relationship and also not to mention your previous application.

How can you lodge another de facto partner visa application without first withdrawing the previous one? What is the status of your previous application? Is it still on-going?

If your previous application is still on-going, how are you going to prove that the current relationship is genuine? You wouldn't have sufficient evidence to support it (i.e. cohabitation , combined finances etc). You obviously cannot be living together with two different partner at the same time.

 

[wiw]

Hi GBP,

Thank you for your reply.

Yes the defacto application is still on going, I have not heard anything from Immigration yet.

My now partner and I were thinking of registering our relationship with Birth Death and Marriage, hence proving our relationship is genuine and waving the 1 year relationship requirement of defacto visa.

So is the ONLY solution would be: I need to notify immigration and withdraw the defacto application, before making another one, correct?

But if i do that, then immigration will probably give me a certain amount of time to make a decision on what to do next (1 month, maybe?) and then I will need to apply for a new visa e.g. Student, then I can apply for another defacto afterwards, correct?

Because I am on Bridging visa A at the moment, withdrawing the defacto, I can just apply for another one, correct?

sigh, so complicated

Many thanks for reading and any suggestions or help is greatly appreciated.

 

[Maggie-May24]

I'd be surprised if you could successfully get a de facto with your new partner without first withdrawing the old application. I assume DIBP would see that you have an existing application in the system and question the genuine nature of this new relationship.

 

[18302]

Since then, I am on Bridging Visa A.

Beginning of Jan 2013: My Australian partner ended the relationship. However we did not notify Immigration about this.

So effectively what you are saying is that you have been living in Australia illegally for 1 year on a bridging visa? I don't think DIBP are going to like that much when they find out.

 

[Valentine1981]

What BonezAU said! You are required to notify DIBP immediately when the relationship breaks down. Pretty sure you sign a declaration swearing to do so when you lodge the visa application! So your first problem is that you have lied to DIBP which is never a good idea...2nd problem is that if for some reason your initial visa application gets granted before you can deal with the situation then there is a 5 year clock that starts ticking before you can be re-sponsored...3rd problem is that any evidence of a genuine and ongoing relationship with partner 2 further highlights the fact that you have withheld information from immigration for a year. I strongly suggest contacting a MARA registered agent ASAP to get accurate information. As what you have been told,that you can just lodge another one and not worry about the 1st application is complete and utter nonsense!! Unfortunately I don't think that registration is going to help your case as the whole lying to the department thing is going to be an enormous disadvantage against you!!

 

[Adam Grey]

As above - You have to notify the DIBP of any changes to your circumstances, including of course a breakdown in the relationship. This should have been done in Jan 2013.

A de facto relationship is 'at the exclusion of all others'. By its very definition you can't be in a de facto relationship with two people at the same time.

 

[Mish]

You have one huge problem!!

As the others have said you should have notified DIBP straight away when the relationship broke down, so you have been living in Australia for a year when you are not entitled to!!

You really need to consult with a registered migration agent and they MAY be able to help you out of this mess, but maybe not either.

The problem is that you lied to DIBP ... they are not going to like that!! The other problem being you didn't notify DIBP and you have now been living with someone else ... DIBP will either see it as lying to them or cheating on your partner (can't be with 2 people at the same time).

 

[wiw]

Hi all,

Thank you all kindly for the replies.

I completely understand now that I should've notified DIPB and sort out this problem beforehand.
But I am wondering about what now? if there is any other possible options, at all?
Such as, withdrawing defacto and applying for another visa instead? e.g. Student? Because I am planning to further my study this year anyway.

And apply for defacto later on down the road, after my studies?

I will definitely speak to a MARA agent to seek advice.
However I was just interested to see any feedbacks I can get from here, as it would also help.

Many thanks everyone.

 

[rhirhi]

I really don't know much about this situation other than you have to report the relationship break down. If I understand correctly, you need to withdraw you current application ASAP because if it's granted you cannot be sponsored for another 5 years after that. Maybe if you're lucky you can withdraw your application in time, go on a student visa for a period of time and then reapply for the defacto with your new partner. What ever you do, do it fast!
(Definitely contact a migration lawyer! None of what I said I am sure about!)

 

[Mish]

You should notify DIBP. They will give you 28 days to either leave the country or apply for another visa.

In regards to the student visa have you been accepted to study anywhere? If not then most likely you will not have time.

Also you will most likely face the same problem in a couple of years if you apply for defacto then being that your relationship history will show that it started before DIBP were notified of the previous break down.

 

[GBP]

I think you not notifying DIBP regarding the relationship breakdown will affect your future visa application, not only affecting your de facto partner visa but also all other visa including student visa. Anyway, it is all past now. Like others have suggested, you should speak to a MARA registered agent ASAP to see what your options are.

 

[My visa to Australia]

If the relationship between your sponsor and you broke down and are no longer in a defacto relationship, you must notify the DIBP given this constitutes a change of circumstance. Once you have notified them, you will be given 28 days to apply for a further visa or give cause as to why you should not be asked to depart Australia so have your new student application ready when you withdraw the "spouse" application.
You will need to time it with the new course intake, the DIBP doesn't like to grant student visas too long before the course begins.

Andre

 

[wiw]

Thanks so much everyone, you have all been helpful.

And thank you Andre, I will look into it asap, really appreciate your response.