Previous spouse visa issue

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Like Tree4Likes
  • 1 Post By CollegeGirl
  • 1 Post By CollegeGirl
  • 1 Post By CollegeGirl
  • 1 Post By ValeriePika

Previous spouse visa issue


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 05-08-2013, 10:24 AM
Active Member
 
Join Date: May 2013
Posts: 5
Users Flag! From belgium

1 likes received
Question Previous spouse visa issue

Hi everybody,

I've read through the topics of this website but I don't think that topic has been posted before. I'm about to lodge my application for a 820 visa (spouse visa). I've been in another spouse visa before back in Belgium with my previous boyfriend (I was the sponsor). When I met my current boyfriend I didn't cancel it as I didn't see the necessity to come around it. I canceled it only a few months ago and I'm afraid that it might compromise the visa to be granted.Is this going to be a major issue ?

Many thanks in advance for your opinion and advice in advance


  #2 (permalink)  
Old 05-16-2013, 01:16 PM
Active Member
 
Join Date: May 2013
Posts: 5
Users Flag! From belgium

1 likes received
Smile

Bump bump bump


  #3 (permalink)  
Old 05-16-2013, 02:47 PM
jmcd16's Avatar
Senior Member
 
Join Date: Aug 2012
Location: New Hampshire
Posts: 487
Users Flag! From usa

240 likes received
13 likes given
What was the situation with the original spouse visa:
Was it for Belgium?
By not cancelling it sooner did you technically break any immigration rules?
Were you married/registered relationship? If so, when did the divorce/disolution become finalized?

__________________


I am not a migration agent, just a fellow victim of the system.

Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 05-18-2013, 06:53 AM
Active Member
 
Join Date: May 2013
Posts: 5
Users Flag! From belgium

1 likes received
Yes it was a de facto visa registered in Belgium. I think technically by not notifying them the relationship had ended, it did break the rules, although there were no further checks by the administration after initially registering, so I wasn't actively trying to deceive anyone.

I did not notify them that the relationship had ended until March 2013, when I realised it might affect my visa application with my current partner.


  #5 (permalink)  
Old 05-18-2013, 03:11 PM
CollegeGirl's Avatar
Moderator
 
Join Date: Nov 2012
Posts: 9,033
Users Flag! From usa

4424 likes received
6268 likes given
Well, it could be an issue. DIAC will see that you were actively in a relationship with this new person while you were still on a spouse visa with another person. So they'll know the relationship broke down and you did not notify Belgian authorities as you were required to. Australia has the same legal requirement - that you notify immigration if the relationship breaks down - and there might be potential there for them to look at that and think you wouldn't notify them, either, if your current relationship broke down.

I don't know for sure that this will affect your visa application -- it's not something we see here often enough for me to know for sure -- but I think you're right to be concerned that it might. Might not hurt to seek professional guidance on this one.

bma likes this.
__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

  #6 (permalink)  
Old 05-20-2013, 06:33 AM
Active Member
 
Join Date: May 2013
Posts: 5
Users Flag! From belgium

1 likes received
Many thanks CollegeGirl for your reply. I also think that it might be an issue for the immigration department. What I will do is to explain the reasons why I didn't cancel the previous visa earlier so that I didn't fell the necessity to get around it earlier as I moved to London a few weeks after the relationship went down and didn't think about it that much. Is there anything else I should do to demonstrate the integrity of my application ?


  #7 (permalink)  
Old 05-20-2013, 02:13 PM
CollegeGirl's Avatar
Moderator
 
Join Date: Nov 2012
Posts: 9,033
Users Flag! From usa

4424 likes received
6268 likes given
Quote:
Originally Posted by ValeriePika View Post
Many thanks CollegeGirl for your reply. I also think that it might be an issue for the immigration department. What I will do is to explain the reasons why I didn't cancel the previous visa earlier so that I didn't fell the necessity to get around it earlier as I moved to London a few weeks after the relationship went down and didn't think about it that much. Is there anything else I should do to demonstrate the integrity of my application ?
In my opinion, Valerie, that's NOT a good solution. I definitely don't think you want to say that to immigration! I don't know about Belgian immigration law, but in Australia if you're there on a partner visa and you don't notify them that the relationship has broken down you are *breaking the law.* I imagine this is probably true in many countries, most likely including Belgium. So I think DIAC would read that as you saying "I know I was obligated by law to inform the Belgian government that my relationship broke down, but I didn't feel like that was enough reason for me to go out of my way to do so until breaking the law began to be an inconvenience to me." That is definitely NOT what you want to convey!

Seriously - you may want professional guidance on this one. I'm not sure, but there may even be a need to delay your application until after you'd qualify *without* taking into account the time where you were still sponsoring your other partner.

bma likes this.
__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

  #8 (permalink)  
Old 05-20-2013, 02:18 PM
CollegeGirl's Avatar
Moderator
 
Join Date: Nov 2012
Posts: 9,033
Users Flag! From usa

4424 likes received
6268 likes given
By the way, I don't mean to sound harsh - I understand you probably didn't realize you were potentially breaking the law - I'm just trying to show you how DIAC might see it. When you apply for a partner visa in Australia, one of the items you sign says pretty explicitly that you understand you are legally obligated to inform them if the relationship breaks down. I imagine you sign something similar for Belgian immigration.

bma likes this.
__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

  #9 (permalink)  
Old 07-10-2014, 11:18 PM
Active Member
 
Join Date: May 2013
Posts: 5
Users Flag! From belgium

1 likes received
Smile

Quote:
Originally Posted by CollegeGirl View Post
By the way, I don't mean to sound harsh - I understand you probably didn't realize you were potentially breaking the law - I'm just trying to show you how DIAC might see it. When you apply for a partner visa in Australia, one of the items you sign says pretty explicitly that you understand you are legally obligated to inform them if the relationship breaks down. I imagine you sign something similar for Belgian immigration.
Hi Everybody,

More than 1 year after my last post I was thinking I should give you some news about what happened with my visa. On my visa application I mentioned I was in a de facto relationship back I Belgium. I also had a proof of cancellation of the legal cohabitation issued by the Belgian municipality and translated in English in case the immigration department would ask for more evidences. My de facto visa was granted 2 months after submission and they never asked me to provide more evidences. Et voilą ;D

Dinkum likes this.

  #10 (permalink)  
Old 07-11-2014, 03:49 AM
CollegeGirl's Avatar
Moderator
 
Join Date: Nov 2012
Posts: 9,033
Users Flag! From usa

4424 likes received
6268 likes given
Very happy for you, Valerie. Glad it worked out!

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Spouse visa Subclass 309 Stamping issue itscynthia Visas and immigration 2 03-23-2013 11:08 AM
visa issue reddyvijay Visas and immigration 1 03-18-2013 08:37 AM
Previous visa application consistency jess_needs_help Visas and immigration 2 03-27-2012 03:52 AM
Previous de-facto visa speak2alison Visas and immigration 2 06-13-2011 12:54 PM
Partner Visa - Previous application milly81 Visas and immigration 5 05-20-2010 08:27 AM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 08:56 AM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com