Dilemma- Legal and ethical.

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Dilemma- Legal and ethical.


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Old 07-13-2016, 05:47 AM
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Dilemma- Legal and ethical.

Hi guys,

Abit of a quick background. We did the paper work, got granted the 801/802 partner visa. I'm the sponsor. That's was approved about a year ago, and about 2 months ago I decided to call it quits as things weren't working out. About a month later my partner told me she's eligible to apply for her Permanent resident.

My dilemma is weather I should continue to do the paper work for her or say I'm not doing it anymore, effectively sending her back to her.

Legally- I can't get my friends to do the 888 form anymore as we're separated. And if I continue to do so, it be fraud.

Ethically- if I send her back I feel like the bad guy. Also I wouldn't be able to move on as I'm legally tied with this current relationship


I really don't know what to do.


Can I get some opinion on this from both sides


Thanks in advance.


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Old 07-13-2016, 06:37 AM
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Doesn't sound like any dilemma. You agreed to report any changes in the status of your relationship. You need to do that. You're not the bad guy, it's the way things work.

Let's say you decide to pretend your relationship is still legitimate to get your former partner her permanent residency. What happens if that gets exposed. Now she is in a lot more trouble and could ruin her future chances of getting a legitimate visa. What happens if in your future you meet another person who you want a relationship with and you would need to sponsor? Might not go too well with a track record of having lied and helped someone fraudulently attain a PR visa in the past.

It's a no brainer.


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Old 07-13-2016, 07:40 AM
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Simple answer is no. It is fraud if you lie and say you are together still. You should report the relationship breakdown to DIBP. The other issue is if you broke up you will not have joint bank accounts, bills etc anyway.

As someone whose husband is going through the visa process and seeing people waiting over 12 months for their PR this is something that I do not agree with at all. Tell DIBP straight away.

Also the purpose of a partner visa is to be in Australia with your Australian partner. If the relationship breaks down there is no need to stay.


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Old 07-13-2016, 07:42 AM
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If the relationship has irretrievably broken down and separation is now complete and permanent,neither of you have any other option, both legally and ethically, than to report the change of circumstances.

Relationships can take a long time to unwind though and sometimes a break-up or separation turns out not to be permanent, so make sure you are clear about what you want to do and do not rush into anything.

Keep in mind also that the stage 2 applications are scrutinised much more thoroughly than before and may include unannounced telephone interviews, home visits or checking up with people who have made supporting statements.

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Old 07-13-2016, 11:05 AM
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Quote:
Originally Posted by CCMS View Post
If the relationship has irretrievably broken down and separation is now complete and permanent,neither of you have any other option, both legally and ethically, than to report the change of circumstances.

Relationships can take a long time to unwind though and sometimes a break-up or separation turns out not to be permanent, so make sure you are clear about what you want to do and do not rush into anything.

Keep in mind also that the stage 2 applications are scrutinised much more thoroughly than before and may include unannounced telephone interviews, home visits or checking up with people who have made supporting statements.

Thanks guys for your reply.

I think i need more time to decide what to do. How long do i have roughly?


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Old 07-13-2016, 12:03 PM
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Quote:
Originally Posted by 200SX View Post
Thanks guys for your reply.

I think i need more time to decide what to do. How long do i have roughly?
Processing of the stage 2 can take over 12 months and the relationship requirements must be met at time of decision.

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Old 07-13-2016, 11:49 PM
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As stated above, you are both obligated to notify DIBP that your relationship has broken down. There are a LOT of people who struggle through the 2nd stage due to the level of scrutiny DIBP takes because of those who fake their way through the process.

IMO, the only decision is a quick one. No, you cannot lie and continue to sponsor her visa.

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Old 07-13-2016, 11:57 PM
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Quote:
Originally Posted by Maggie-May24 View Post
As stated above, you are both obligated to notify DIBP that your relationship has broken down. There are a LOT of people who struggle through the 2nd stage due to the level of scrutiny DIBP takes because of those who fake their way through the process.

IMO, the only decision is a quick one. No, you cannot lie and continue to sponsor her visa.
I have come across quite a few cases where people had relationship issues and one or both parties notified DIBP only to reconcile and resume the relationship later on. While you should not continue with the application if the relationship is definitely over (for the sake of gaining PR) I always caution people not to do anything hasty. A temporary separation is not all that unusual. Picking up the pieces after the sponsorship has been withdrawn requires a lot of additional work and stress.

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Old 07-14-2016, 12:23 AM
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I've seen some posts where people took temporary separations and did struggle then with the PR stage. So in that situation I agree it would be more prudent to take a more cautious approach. In this case, the OP makes it sound like it's a permanent breakdown though so I hope he would notify DIBP.

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Old 07-14-2016, 01:18 AM
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Out of curiosity wouldn't the relationship be looked at more closely if they broke up and didn't notify DIBP and got back together away? I would imagine that they would not have any relationship evidence for that time period and DIBP would need to be certain that they are going to continue and not break up again after the visa is granted.


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