Considering Divorce (Partner Visa 309/100 Dilemma)

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Considering Divorce (Partner Visa 309/100 Dilemma)


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Old 07-05-2018, 12:14 AM
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Considering Divorce (Partner Visa 309/100 Dilemma)

Hi Guys! Desperately need some advice/help regarding my partners visa. I am an Aus citizen who met my husband in 2011 whilst working abroad and we married in 2015. We have been living overseas and decided to move to Australia last year and applied for his Partner Visa (309/100) in March this year. Unfortunately things haven’t been working out and although we are trying to work on our marriage I have a feeling this might dissolve in a few months. We have no children and it will prob be for the best. One of the reasons for reconsidering the marriage is some ‘bad habits’ that he has acquired of late. My quandary now is weather or not to let DIAC know that things have changed in our relationship even tho we are not actively going down the road of divorce at this point. I feel guilty that they are processing a Visa for sometime that might not be a great citizen after all (as I claimed when I sponsored him) and worry that he may get the 309 and 100 together in a few months which means he will have permanent residency and then there will be nothing I can do about it. Is there a way for me to ‘pause’/delay the visa processing whilst I confirm my strong suspicions regarding him? At this point he is overseas with an exchange program and will be for another 2 months and I feel like I need to give him a chance to explain himself in person .. but am worried the 100 visa might come through by then.


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Old 07-05-2018, 12:25 AM
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Firstly, I'm very sorry about your situation.
There is no way to delay your application, but if you inform the Department about the changes in your circumstances it'll probably prompt a more detailed analysis on their part. Also, if you applied in March, don't worry, you have a loooong wait ahead of you. Keep in mind as well that the 309 is a temporary visa and his application will be reassessed when he is eligible to apply for the 100, meaning you two will have to prove the relationship is ongoing and genuine.

It is of course not my or anyone else's place to give you advice on what to do in such personal dilemmas. However, keep in mind these facts which I pointed out to you and, if you in fact decide to terminate the relationship, notify the Department asp. Good luck.


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Old 07-05-2018, 12:36 AM
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Quote:
Originally Posted by 300applier View Post
Firstly, I'm very sorry about your situation.
There is no way to delay your application, but if you inform the Department about the changes in your circumstances it'll probably prompt a more detailed analysis on their part. Also, if you applied in March, don't worry, you have a loooong wait ahead of you. Keep in mind as well that the 309 is a temporary visa and his application will be reassessed when he is eligible to apply for the 100, meaning you two will have to prove the relationship is ongoing and genuine.

It is of course not my or anyone else's place to give you advice on what to do in such personal dilemmas. However, keep in mind these facts which I pointed out to you and, if you in fact decide to terminate the relationship, notify the Department asp. Good luck.
Long term relationship means OP is correct in thinking he may get the 309 and 100 simultaneously as LTR waives the 2 year wait period.

For OP, if and/or when the relationship breaks down, then you should notify immigration of that change. Simple.

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Old 07-05-2018, 01:15 AM
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Thank you so much for your response - I truly appreciate u taking the time. As posted below, because our relationship has exceeded 2 years - my partner will most likely get his 100 straight away but u are quite right in saying that it should still take a while. If I contact DIAC I have no tangible proof of his actions and can only give them my side of the story re: why the relationship is breaking down. I just feel like it may sound like a sob story to them when actually I just want to warn them that i suspect that may not be a great asset to aus after all 😕 and that I strongly feel they should not process the 100 at this time. The 309 is fine as it’s temp and if he commits to changing his ways there is a possibility this could work..


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Old 07-05-2018, 01:25 AM
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Thanks for responding Skybluebrewer. Do u know if I can continue with the 309 but ask DIAC to postpone the 100 for now until I am sure if this is a good decision - it might take a while, divorce is never an overnight decision and after a good few years together I feel like I owe it to the relationship to see if this can be fixed even though I am appalled at some of his behavior right now.


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Old 07-05-2018, 01:28 AM
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Have the medical and police checks been done yet?

What country was the application made from and is that his home country?


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Old 07-05-2018, 01:49 AM
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Police check done (compulsory with application) but hasn’t been called for a health check yet. He is in/from South Africa


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Old 07-05-2018, 02:01 AM
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Not many fast grants out of South Africa and they can not grant the visa without the medical being done.

Also depending on the evidence you supplied they may not grant both at the same time, there were several last year that did not get 100 that were in long relationships.

So I think you have a bit of time to work out things.

At this point he is overseas with an exchange program and will be for another 2 months

This probably should be brought to immi's attention, it may also raise the flag you want to without effecting the 309 (this might hold them off on the 100?) just be careful of what you say.


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Old 07-05-2018, 03:16 AM
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Thank you so much for your response ampk - so grateful for ppl like all of you who have responded to me. I’m thinking now that I should contact immi sometime soon and let them know that although we are still married we are living apart right now (and have been for about 7 weeks prior to this) as well as for 2 months earlier in the year when the issues really started... let them know we are married and working on things (hoping they’ll still go ahead with 309 but will not go ahead with the 100).


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Old 07-05-2018, 04:57 AM
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That's a terrible situation to be in Tess - good luck.

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