[Finnjavel]

Relationship trouble, 820 now 14 months in process. Time for an agent? Help needed!

Hi, awesome and skilled people of Australia Forum!

The title sums up my, I guess rather complex, situation.

I came to Australia in 2014 on a Working Holiday visa to test the waters with my Australian partner. Prior to this we had known each other since 2012. In late 2015 we lodged in a De Facto, subclass 820 application. The application itself was strong as our relationship was obviously very genuine and recognized by both of our families et cetera.

However, recently we decided to go "on a break" due to some fundamental differences in what to expect from a monogamous long-term relationship. We still live under the same address at least until late January next year but our future together is uncertain.

This is obviously bad news for me as I moved from Northern Europe to live in Australia with her and I would very much like to continue my life here and stay here permanently as I feel like the country and people make me happier and I enjoy my life here greatly.

I have also heard stories from my fellow workmates about "rural area sponsorships" and "skilled migration". I don't know where I stand in regards to PR: I've been in the country for 26 months in total at this point but people keep giving me mixed information about whether I'd be eligible to apply for PR.

I live in Victoria and I'm asking for your help and recommendations on what to do. I would also appreciate any recommendations for a migration agent as I haven't used such services before.

Thank you very much for any & all help and encouragement!

 

[wrussell]

MIGRATION ACT 1958 - SECT 104
Changes in circumstances to be notified
(1) If circumstances change so that an answer to a question on a non-citizen's application form or an answer under this section is incorrect in the new circumstances, he or she must, as soon as practicable, inform an officer in writing of the new circumstances and of the correct answer in them.
(2) If the applicant is in Australia at the time the visa is granted, subsection (1) only applies to changes in circumstance before the visa is granted.
(3) If the applicant is outside Australia at the time the visa is granted, subsection (1) only applies to changes in circumstances after the application and before the applicant is immigration cleared.
(4) Subsection (1) applies despite the grant of any visa.

 

[CCMS]

There are 2 things to consider here and it is important to get the timing right:

1)Assess what skilled or employer sponsored visas you might be eligible for.
2)You will have to notify immigration at some stage of the relationship breakdown, which will set a process in motion to provide further information and eventual withdrawal or refusal of your partner visa application.

i am assuming there are no children of the relationship.

Feel free to drop me a line in regards to point 1)

 

[Finnjavel]

There are 2 things to consider here and it is important to get the timing right:

1)Assess what skilled or employer sponsored visas you might be eligible for.
2)You will have to notify immigration at some stage of the relationship breakdown, which will set a process in motion to provide further information and eventual withdrawal or refusal of your partner visa application.

i am assuming there are no children of the relationship.

Feel free to drop me a line in regards to point 1)

I will notify immigration as soon as I know our decision is permanent as at this point we are not sure. Right now I'm simply planning for any outcomes.

You are correct, we have no offspring.

I would certainly greatly appreciate your help with 1). After doing some research I feel like he visa types you mentioned might be the most relevant and realistic. Assuming you need information about my education, background, work experience et cetera, how should we proceed with this?

Thank you both for your help so far.

 

[Finnjavel]

There are 2 things to consider here and it is important to get the timing right:

1)Assess what skilled or employer sponsored visas you might be eligible for.
2)You will have to notify immigration at some stage of the relationship breakdown, which will set a process in motion to provide further information and eventual withdrawal or refusal of your partner visa application.

i am assuming there are no children of the relationship.

Feel free to drop me a line in regards to point 1)

Hi again and thank you both for your messages.

I will inform immigration as soon as we are positive this is our final decision.

We have no children.

I'd like to know more about 1). What kind of information would you need?

 

[Barron91]

[comment removed]

 

[Barron91]

[comment removed]

 

[ampk]

UPDATE:

I've done some digging since my original post and it sounds the second stage of the partner visa can take around 6 months. Probably not ideal for your situation but if you have a co-operating partner that wishes you well then it could be an option. However, you do have to supply statutory declarations and other additional information to support the second stage.

Hope this has helped because it could be a viable option that would allow you to stay in Australia.

Given the 820 is stage one and processing time is about 1 year, it seems the applicant still does not have a 820 visa - 2 years after the 820 is granted the applicant can apply for PR the 801. The 801 grants are also taking around a year.

That's a long time to lie about a relationship.

 

[CCMS]

UPDATE:

I've done some digging since my original post and it sounds the second stage of the partner visa can take around 6 months. Probably not ideal for your situation but if you have a co-operating partner that wishes you well then it could be an option. However, you do have to supply statutory declarations and other additional information to support the second stage.

Hope this has helped because it could be a viable option that would allow you to stay in Australia.

Stage 2 can take up to 14 months now and the relationship must still be continuing at the time the decision is made. The stage 2 applications are also subject to a lot of scrutiny nowadays, for obvious reasons.

Not sure if it is helpful at all to suggest that people should consider committing perjury and immigration fraud.

 

[Barron91]

Given the 820 is stage one and processing time is about 1 year, it seems the applicant still does not have a 820 visa - 2 years after the 820 is granted the applicant can apply for PR the 801. The 801 grants are also taking around a year.

That's a long time to lie about a relationship.

My understanding is the partner visa has been lodged or granted already. I also said its not an ideal option but since paying the fee surely its worth trying to salvage that option first before moving onto another expense. It was said the relationship is not over and that he's looking at options. Hopefully the relationship works out and they can continue in the process.

 

[Barron91]

Stage 2 can take up to 14 months now and the relationship must still be continuing at the time the decision is made. The stage 2 applications are also subject to a lot of scrutiny nowadays, for obvious reasons.

Not sure if it is helpful at all to suggest that people should consider committing perjury and immigration fraud.

Taking my previous comments down. I've read it back and it does sound suggestive. Apologies!

 

[ampk]

In late 2015 we lodged in a De Facto, subclass 820 application. The application itself was strong as our relationship was obviously very genuine and recognized by both of our families et cetera.

However, recently we decided to go "on a break" due to some fundamental differences in what to expect from a monogamous long-term relationship. We still live under the same address at least until late January next year but our future together is uncertain.

This is obviously bad news for me as I moved from Northern Europe to live in Australia with her and I would very much like to continue my life here and stay here permanently as I feel like the country and people make me happier and I enjoy my life here greatly.

The OP is not asking to cheat the system just if any options, nor have they indicated the 820 was granted.

So even if 820 was granted the PR would be 3 years away, 3 years of lies.

I respect this OP to ask for options that are possible and the agents that responded that options "maybe" available and wish the OP the best.

 

[hfcook]

Hi,

I am also in a very similar situation.

I had originally visited Aus on a WHV in 2010. Met a lovely young man who then became my husband in 2014 from which we applied for a defacto visa. I had just been emailed in July 2016 to say I could submit the evidence for the 2nd part of my 820; however our relationship has broken down - and in my rash mind got on a flight and flew back to England in September and submitted a form to have my visa cancelled.

I am now back in the UK and I regretting being so rushed in my choices and now I dont know what to do. I am longing to be back in Australia as I see it as my home but in the turmoil of my seperation from my husband I just wanted to be back with family.

There was no violence or aggression, just a breakdown of our relationship.

I really want to know my options to get myself back there. I am a qualified enrolled nurse which I studied for whilst in Aus, and my previous boss has already said I would have a job waiting for me.

How do I stop them contiuing with the form i submitted to cancel my visa...? Or do I carry on with that and apply another way? I dont want to do anything untowards as thats not in my nature. I just want to move back home to Aus.

Thank you

 

[Valentine1981]

Hi,

How do I stop them contiuing with the form i submitted to cancel my visa...? Or do I carry on with that and apply another way?

Thank you

unfortunately with the breakdown of your relationship you can no longer continue with a defacto application as it's based entirely on your relationship with an Australian which no longer exists.

I would be consulting with a migration agent to see if your qualification and the job offer you mentioned might be a way for you to return to Australia.

 

[hfcook]

Does anyone have any knowledge of what has happened when people have seperated but managed to reconcile and continue their relationship.

This is a very 'normal' thing that happens in everyday life - but when there are visa applications involved it all seems more cynical, even though it may not be.

Partners may seperate, but on reflection and after working things through may decide to continue on with the relation ship. But how would the DIBP view this..?

 

[Finnjavel]

Does anyone have any knowledge of what has happened when people have seperated but managed to reconcile and continue their relationship.

This is a very 'normal' thing that happens in everyday life - but when there are visa applications involved it all seems more cynical, even though it may not be.

Partners may seperate, but on reflection and after working things through may decide to continue on with the relation ship. But how would the DIBP view this..?

Once you have withdrawn your previous partnership application - whether it's de facto or prospective marriage based - and they (DIBP) have cancelled or rejected that said application I'd say you're in square one again. I don't think there's a way to revive an application that has been processed in one way or another.

The next step would depend on whether you and/or your partner are still in Australia, how many times your sponsor has already sponsored someone and the possibility for a alternate partner visa, ie. instead of applying for, say, another de facto visa you could consider prospective marriage. However I don't know how the prior breakdown would reflect on the process, I'd imagine it would require extra work from both of you to convince them. And time/history/evidence together after the most recent breakup.

I am not an agent however so my message is based on my experiences. Also having been in a similar situation myself I would strongly consider if getting back together to go for another years-long ride with DIBP is realistic and worth it. There are other options that don't necessarily force you to build your future essentially on your relationship.

I hope this helps.

 

[Finnjavel]

In late 2015 we lodged in a De Facto, subclass 820 application. The application itself was strong as our relationship was obviously very genuine and recognized by both of our families et cetera.

However, recently we decided to go "on a break" due to some fundamental differences in what to expect from a monogamous long-term relationship. We still live under the same address at least until late January next year but our future together is uncertain.

This is obviously bad news for me as I moved from Northern Europe to live in Australia with her and I would very much like to continue my life here and stay here permanently as I feel like the country and people make me happier and I enjoy my life here greatly.

The OP is not asking to cheat the system just if any options, nor have they indicated the 820 was granted.

So even if 820 was granted the PR would be 3 years away, 3 years of lies.

I respect this OP to ask for options that are possible and the agents that responded that options "maybe" available and wish the OP the best.

Thank you for your support, you are absolutely right.

 

[hfcook]

Once you have withdrawn your previous partnership application - whether it's de facto or prospective marriage based - and they (DIBP) have cancelled or rejected that said application I'd say you're in square one again. I don't think there's a way to revive an application that has been processed in one way or another.

The next step would depend on whether you and/or your partner are still in Australia, how many times your sponsor has already sponsored someone and the possibility for a alternate partner visa, ie. instead of applying for, say, another de facto visa you could consider prospective marriage. However I don't know how the prior breakdown would reflect on the process, I'd imagine it would require extra work from both of you to convince them. And time/history/evidence together after the most recent breakup.

I am not an agent however so my message is based on my experiences. Also having been in a similar situation myself I would strongly consider if getting back together to go for another years-long ride with DIBP is realistic and worth it. There are other options that don't necessarily force you to build your future essentially on your relationship.

I hope this helps.

I have not withdrawn the application as such but I have submitted a form 1194 (Cancellation of Visa) via email. This, I will fully admit, was a rash decision of mine and unfortunately I had some biased family members in my ear (they meant well I think). I just took the wrong advice.

Is there any way at all to revoke the form I have submitted?!

We are married...and still married.

 

[Ozsponsor]

Ok here goes.....

My Husband and I have separated for a second time in four and a half years due to his heavy drinking and DV situations (this will be the second DVO that has been put in place) I was always hoping for reconciliation but my children and I (not his biologically) only received broken promises time and time again. As his sponsor (I'm Australian) I am unsure of my obligations and am fearful of repercussions from him and immigration, he wants me to keep the Temp PR in place to see if it gets approved (as the temp was approved 1 year ago and PR should be granted soon) I've been reading about the link between Centrelink and immigration and their file sharing and obviously they will connect the dots, also will immigration know about the DVO's that have been put in place? The visa is still stating "received" and they will be needing a new Fed police clearance from both of us as the other one's will now be over 12 months old, I obviously am not wanting to send that in at this time due to thinking I will get done for fraud..... As asked previously what are MY repercussions in this situation from immigration - I have children I need to take into consideration and I'm not one to disregard our laws but I'm fearful from all angles. It has taken a lot to write this but I was unsure where to turn. Thank you for your time.
Kindest Regards,
Ozsponsor.

 

[Mania]

My Husband and I have separated for a second time in four and a half years due to his heavy drinking and DV situations (this will be the second DVO that has been put in place) I was always hoping for reconciliation but my children and I (not his biologically) only received broken promises time and time again. As his sponsor (I'm Australian) I am unsure of my obligations and am fearful of repercussions from him and immigration, he wants me to keep the Temp PR in place to see if it gets approved (as the temp was approved 1 year ago and PR should be granted soon) I've been reading about the link between Centrelink and immigration and their file sharing and obviously they will connect the dots, also will immigration know about the DVO's that have been put in place? The visa is still stating "received" and they will be needing a new Fed police clearance from both of us as the other one's will now be over 12 months old, I obviously am not wanting to send that in at this time due to thinking I will get done for fraud..... As asked previously what are MY repercussions in this situation from immigration - I have children I need to take into consideration and I'm not one to disregard our laws but I'm fearful from all angles. It has taken a lot to write this but I was unsure where to turn. Thank you for your time.
Kindest Regards,
Ozsponsor.

If the relationship has broken down you are obligated to inform immigration of this.

If you are fearful for yours or your children's wellbeing I have limited knowledge on the subject however there are options available to you.

National sexual assault and domestic family violence counciling service - 1800 737 732 (1800 RESPECT) they should also be able to give you information for shelter if required 24/7 service.