Seeking advice for 801 relationship troubles

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Seeking advice for 801 relationship troubles


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Old 02-28-2017, 10:21 PM
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Question Seeking advice for 801 relationship troubles

Hello,

I am hoping to get some advice on how to approach the situation my partner and I are in. I moved to Australia in May 2011 and have been with my partner since. We didn't live together straight away but timeline is:

Feb 2014: Applied for de facto 820
Dec 2014: Granted 820

In May of 2016, last year, I had some serious family / personal issues arise that required me to no longer be working and be back in North America with my family. Some close deaths, mother very ill, dad losing his house - few other things. I even had a doctors letter recommending to my work that they don't let me go and to allow me to take 6 months or so to get this sorted. They allowed that thankfully. Unfortunately I got hurt and needed procedures here and had to delay flying back until next week (flight booked).

Since May 2016, things have been tough on us. We both agreed that me going back for a while was the best thing to do for everyone involved. We kept it very private - we didn't want to hear gossip or have to explain to everyone who asked what the deal was. We never broke up but we sort of put things on the back burner until I got back, and would pick back up from there. We did this in 2012 and immigration had no problem with that (I had to go back to study for an entrance exam for grad school in Australia, and I couldn't work in Australia, so it made sense). We don't have a lot of communication between May and now, we spoke occasionally but nothing like every other day. We wanted to be able to focus on our lives and we are both very busy and work in demanding professions. We're independent people. We knew this hiatus was normal, for us anyway.

Fast forward to Feb 2017. my partner got a call from immigration to finalise. She slipped badly, and said that we had broken up a month or two back. They were bombarding her with questions about what we had been up to, where we'd been going. She got scolded a bit, but said she'd be best to speak tomorrow as she was ill.

One lapse in judgement is that we did not inform them of a change of address in May, when I moved back overseas and she moved closer to her work (we lived together until May in Melb).

We did go through some tough times a couple months back but we did not formally CEASE our relationship as a couple. This was something we would deal with and sort out upon my soon to be return, after my surgery on my leg.

We hope we can 're-phrase' what she meant, as in we didn't notify them because it was more of a break from talking and not breaking up full stop. Every couple goes through hard times. A "Breakdown" is so subjective. We've been extremely compliant with immigration for 4 years. But now we can't provide much for communication or stat decs since May/June 2016 because we kept it very private. The 'break up' word doesn't help either. I then got an email stating they'd been informed the relationship ceased, and asking to reply within 28 days but it was likely to be declined.

Any advice how we should approach this? We genuinely have not ended things. We have had a rough 8 or so months, and dealt with things OUR WAY - but we did not cease and would let IMMI know if it comes to that in a couple months when we re-connect physically in a few days.

Let me know if any further details would help. We're really scared. Thanks a bunch.

Nick


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Old 02-28-2017, 11:07 PM
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My advice would be to provide a detailed submission clarifying the situation and include good evidence to back it up. Get professional help if you do not feel up to it.

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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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Old 03-01-2017, 01:40 AM
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Yes, make sure you respond within the timeframe and clearly set out all the details of what has happened. Attach documents that support what you are saying.

Kind regards

Lisa Wulfsohn
Principal Migration Agent (MARN 1467616)
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e: [email protected]
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Disclaimer: This message is general in nature does not constitute migration or legal advice. Migration laws and policies are subject to constant change and vary depending on your circumstances. If you wish to receive migration advice please email us to arrange an appointment.


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Old 03-01-2017, 11:55 PM
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Hi Lisa

Do you know any of the following

-Can I enter Australia during my 28 days to respond?

-IF they decline, and I file appeal do i retain the rights of my 820 during appeal, or do I have to leave the country and wait? I heard appeals can tale 12 months.

Thank you

Nick


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