Help! Will I lose my right to stay? On Skilled - Independent (subclass 189)

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Help! Will I lose my right to stay? On Skilled - Independent (subclass 189)

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Old 06-23-2015, 07:58 AM
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Help! Will I lose my right to stay? On Skilled - Independent (subclass 189)

I was granted a Skilled - Independent (subclass 189) visa as a partner in February. He's the main applicant, and I am his dependent.

My partner and I are having some pretty major issues and I'm thinking about ending the relationship, but I'm worried that I might lose my right to stay and work in Australia. I have a pretty great job and have my career going. Would be devastated if I have leave my job.

Any advise would be appreciated. Thank you.

Last edited by lexii; 06-23-2015 at 08:22 AM.

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Old 06-23-2015, 08:14 AM
Join Date: Jan 2013
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No you won't as long as you have activated your visa or will activate your visa by the must enter date.

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Old 06-23-2015, 02:42 PM
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Originally Posted by Mish View Post
No you won't as long as you have activated your visa or will activate your visa by the must enter date.
Actually it could be cancelled but it's unlikely.

(Btw I see a lot of people talking about 'activate' a visa. This refers to certain temporary viss that activate upon entry, for example a work and holiday visa may allow 12 months stay from the date of first entry and so is activated then. It doesn't however refer to permanent visas such as the SI subclass 189. This is a permanent visa that is active upon grant (for a period of 5 years from grant for entry rights). There is a requirement to enter before a specified date, but that's a condition, and the holder aready has an active permanent visa before they enter).

There is a clause in the Migration Act Section 116 1(a) that allows the immigration minister the Power to cancel a visa "where the decision to grant the visa was based, wholly or partly, on a particular fact or circumstance that is no longer the case or that no longer exists"

As your visa grant is based upon meeting the secondary criteria of the subclass 189 as a member of the family unit, if the relationship ceases then the basis for the grant of the visa no longer exists.

This power to cancel can only be used when you leave Australia (or in the migration zone such as immigration clearance).

Before you worry too much, I've never seen this used in such a situation (I have 10+ years of experience). I don't know if you will have an issue but there are no guarantees.

If you are concerned then one would be to apply for a RRV, you'd be likely to get a 1 year RRV on the basis on personal ties to Australia (established, employed etc and other factors that show you're making Australia your main place of residence). This visa would be independent of the previous application and not subject to potential cancellation in the same way however you would then need to consider applying for a further RRV after 1 year rather than 5 years.

Last edited by rmajames; 06-23-2015 at 03:02 PM.

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Old 06-23-2015, 10:30 PM
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Unless you were already having relationship issues before the visa was granted that it could then be considered you acquired the visa fraudulently, I wouldn't worry about it.

186 visa - Temporary Residence Transition stream
Granted Dec 2013

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