break up during TR

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break up during TR


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Old 10-24-2011, 04:40 AM
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break up during TR

Hey Guys,
I am not quite sure what to do. I moved here for my australian boyfriend and we recently broke up. I got my temporary residence in May 2011.
Neither me nor my ex have notified anyone in Immigration about this change.
So, I am a little lost- I can apply for a PR in May 2012, and I do remember that when we lodged all documents the lady told me that I can still apply for a PR if we break up.

This is realy heart breaking for me this whole situation.
Anyone has ever had any experience or heard anyone applying for PR also after the break up?

thank you


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Old 10-24-2011, 07:01 AM
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Hi,

I'm sorry to hear of your break-up.

Page 50 of the partner Booklet provides the following information:


If your relationship ends with your partner, you must inform the department
immediately. If in Australia, you may still be eligible to be considered for and granted a
permanent Partner visa in Australia so you may not be required to leave Australia.

Temporary Partner visa holders
If your relationship with your partner ends while you have a temporary Partner visa
(subclasses 820 or 309), you may still be eligible for the grant of the permanent Partner
visa without having to fulfil the usual two-year waiting period if:
• after you have entered Australia as the holder of a Partner visa (subclass 309), your
relationship breaks down and either you or a member of the family unit of yours or
your partner are the victim of family violence committed by your partner; or
• after you were granted a Partner visa (subclass 820), your relationship breaks down
and either you or a dependent child of yours or your partner are the victim of family
violence committed by your partner; or
• after you enter Australia your relationship ends and you have parental responsibility
for at least one child (under the age of 18 years) in respect of whom your sponsoring
spouse also has parental responsibility; or
• your partner dies. You will need to establish that, had your partner not died, the
relationship would have continued. If you have applied for Partner visa while you are
in Australia, you must also be able to show that you have developed close ties with
Australia.


I would suggest that if none of the above applies, you would have difficult getting permanent residency. You should actually have already informed the DIAC of the fact that your relationship has ended.

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Last edited by missmullen; 10-24-2011 at 07:03 AM.

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Old 10-25-2011, 02:16 AM
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Thank you for your advise MissMullen.
it really is not the case for me- as there was do domestic violence.

I have also followed your advice and contacted the DIAC about this situation and they want me to go for a consultation in their office to talk about my 'options'
so, we will see how it goes.
thanks again.


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Old 10-25-2011, 02:51 AM
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Quote:
Originally Posted by carlii View Post
Thank you for your advise MissMullen.
it really is not the case for me- as there was do domestic violence.

I have also followed your advice and contacted the DIAC about this situation and they want me to go for a consultation in their office to talk about my 'options'
so, we will see how it goes.
thanks again.

Hi Carlii

It sounds like you are dealing with this in a really proactive way and I have a lot of respect for you in the way you are handling yourself in this situation. I'm sure it's a position you never expected to be in Take care of yourself.

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Old 10-25-2011, 06:18 AM
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Please let us know how you go when you speak to them.


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Old 10-25-2011, 11:38 AM
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I'd like to add that you shouldn't be offended if they ask for proof. Police reports, pictures, etc. People tend to not believe when it comes to immigration because they have heard everything under the sun when someone tries to get around the rules.

Now that's not what I'm saying you're doing. As a past victim of domestic abuse, I understand you can't bring yourself to call the police on the person you love and you know should love you. And nobody thinks of taking pictures of the marks. And you can't take pictures of emotional abuse. Your best option is to write down specific incidents for your CO so you can tell them exactly what happened.

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Old 10-25-2011, 11:45 AM
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Quote:
Originally Posted by Vyktoria
I'd like to add that you shouldn't be offended if they ask for proof. Police reports, pictures, etc. People tend to not believe when it comes to immigration because they have heard everything under the sun when someone tries to get around the rules.

Now that's not what I'm saying you're doing. As a past victim of domestic abuse, I understand you can't bring yourself to call the police on the person you love and you know should love you. And nobody thinks of taking pictures of the marks. And you can't take pictures of emotional abuse. Your best option is to write down specific incidents for your CO so you can tell them exactly what happened.
Hi Vyktoria, you'll find that the OP said in their post above that they have not been subject to domestic violence so I don't think this is applicable in her case. Helpful to others though

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Old 10-26-2011, 01:43 AM
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Quote:
Originally Posted by Vyktoria View Post
I'd like to add that you shouldn't be offended if they ask for proof. Police reports, pictures, etc. People tend to not believe when it comes to immigration because they have heard everything under the sun when someone tries to get around the rules.

Now that's not what I'm saying you're doing. As a past victim of domestic abuse, I understand you can't bring yourself to call the police on the person you love and you know should love you. And nobody thinks of taking pictures of the marks. And you can't take pictures of emotional abuse. Your best option is to write down specific incidents for your CO so you can tell them exactly what happened.

True, there was no domestic abuse. sorry for the misspelling in my earlier comment!

and MissMullen- thanks so much for your support!
life is life and I have to handle whatever it throws my way- especially this one. and you are right- definitely a situation i didnt expect i would get into. but worse things happen... i will at least try to keep my head up!

thanks again!!

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Old 10-26-2011, 08:40 AM
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Yeah I totally misread her post lol. It's been a long week haha.

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Old 05-23-2012, 11:49 PM
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Hi

First post here!

I am in a similar situation where my relationship has sadly ended. I am from the UK and I'm on a 309 subclass temp de facto partner visa. My ex is Australian. It was granted in July 2011 for 2 years.

She contacted my case officer in the UK to inform them that the relationship has ended, and I more or less immediately received an email from the case officer informing me that they received confirmation it had ended. I have 28 days to respond, none of the three situations which they highlighted do not apply to me, ie: domestic violence, child involved or death of partner.

I have moved out of the house we lived in, changed address, contatced the DIAC of the change of address, which is now on file in Sydney.

I am in the process of compiling the history of our relationship from the point my visa was granted, and have been giving an email address to send it to in Queensland, and also, I am attaching a copy of a letter from my current employer with a reference detailing my work and character reference to assist me in any way.

I have looked into being sponsored by my employer for a 457 visa, but with no luck, as I do not possess a trade which would meet the criteria. I am a maintenance technician as a Groundman for a hospital. I would class myself as being a valued member of staff, with high standards and good work ethic. (But knowing the situation I find myself in, I guess this means nothing when it comes to staying in the country and continuing work and paying my taxes etc)

I am trying to remain 100% positive throughout this distressing time

My question/s is this.

When I submit my relationship history, what would be the worst case scenerio I would be informed of that I could not stay in the country, and be sent back to the UK? On a positive side, what would be the kind of response I would expect to receive from my relation history and work status?

Although trying to stay as positive as can be, I am preparing for the worst. I love this country and my work on a daily basis, but I don't hold the cards to determine my future.

Thank you for reading.

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