Ex secretly kept partner visa after breaking up with me and saying he would cancel

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Ex secretly kept partner visa after breaking up with me and saying he would cancel


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Old 07-29-2020, 06:38 AM
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Ex secretly kept partner visa after breaking up with me and saying he would cancel

Hi,

This post isn't going to make me look particularly smart.

I applied for a partner visa with my partner at the time in 2018. He was from the UK and he applied for an offshore visa. I went overseas to be with him but then had to return home but by 2019 it had not been granted.

He had worked all over the world and so we had to get police checks for each country. He was getting angry with all the papers needed so I tried to get them all for him, contacting his old employers and paying chinese agents for paper work for when he worked in China.

Finally he said that he wanted to be with other people until the visa came through. I was heartbroken but I had hoped that the visa would be granted before he could act on this. Then I found out that he had been using all the documents I had been getting so he could apply for a 2 year working visa in Canada. So I broke it off with him but I told him to cancel the visa as I had done so much. He said he would.

I later found out he didn't cancel the visa, it was granted and he didn't tell me and he was using it as a backup for if his Canadian one didn't go through. I confronted him and he made up some silly excuse about it being too hard.

He said he was going to Canada anyway and that he had to be in Australia by 5 July 2020 for it to be valid. But the other day a friend was asking what would stop him coming in on the visa anyway and I wasn't worried as that date has passed and I know he is still in Canada.

But when I logged in to our immi account even though it says first entry must be before 5 July 2020 it doesn't expire until 2024.

I called immi today and they can't tell me anything he has done on his end. I wish I had cancelled the visa myself before it was granted but I was heartbroken and was hoping pathetically that he would change his mind.

I want to withdraw my sponsorship but I can't see how? I don't want him entering the country on my sweat and so many tears. But I can't upload anything to our immi account.

What can I do?


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Old 07-29-2020, 11:16 AM
Eh? Eh? is online now
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Does he have the 309 or 100?

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309/100 Visa Timeline:

Applied 309: 12/02/2018, in Canada.
Visa Granted: 20/03/2018.
Applied 100: 29/06/2020, eligible 12/01/2020.
RFI: 02/07/2020.
RFI Uploaded: 06/07/2020.
Visa Granted: 16/07/2020.

Last edited by Eh?; 07-29-2020 at 02:54 PM. Reason: wrong subclass

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Old 07-29-2020, 11:37 PM
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Quote:
Originally Posted by Eh? View Post
Does he have the 309 or 100?
He has the 100. He has not entered the country as he has been in Canada sowing his oats or whatever. On the visa grant letter I found when I logged in to his immi (thats how I found out it was granted) it said first entry had to be before 5 july 2020 and before 5 july 2024 which is confusing.

But we were not in a relationship when the visa was granted. God I wish that I had just cancelled it. But I asked him to and he said that he would, I wanted him to take ownership and make the call. I didn't realise he would lie about cancelling it and keep it.

I'm trying to be zen about it. He is not from a war torn country. He is a very privileged white guy from the UK. I just want to make sure that if he does decide to enter Australia after his Canada trip that he doesn't do it off the partner visa.


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Old 07-30-2020, 02:57 AM
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You can check this more specifically with a migration agent, but I believe you can contact Immigration to say the relationship has broken down and you are withdrawing your sponsorship. AFAIK, if there is a change in conditions that would have affected his ability to get a visa, and this change in conditions happened before he enters Australia to activate his visa, then Immigration can more easily cancel the visa.

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Old 07-30-2020, 03:14 AM
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I think a case like this highlights a requirement for immigration to do a final confirmation phone call to the sponsor just before the final grant.

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Old 07-30-2020, 03:22 AM
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Quote:
Originally Posted by Maggie-May24 View Post
You can check this more specifically with a migration agent, but I believe you can contact Immigration to say the relationship has broken down and you are withdrawing your sponsorship. AFAIK, if there is a change in conditions that would have affected his ability to get a visa, and this change in conditions happened before he enters Australia to activate his visa, then Immigration can more easily cancel the visa.
I have just read that Section 104 of the Migration Act makes it mandatory for the applicant to notify the Department of any change in circumstances before you first enter Australia, even if the visa is already granted.

If the change is material, this can result in the visa being cancelled, even after grant, but before activated.

Sounds like the sponsor should contact immigration immediately and explain fully.

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Old 07-30-2020, 04:04 AM
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Please update your flag here .

Thank you.

When we broke up I should have cancelled the visa. But I asked him to do it and he said he did. I wanted him to do it as I was so heartbroken that I thought he might change his mind and still want to be with me OR at least take responsibility for ending the relationship and as I did ALL the paper work, ALL of it he could just do this one thing.

I agree, if someone had called I would have said he was already with someone else in Norway. I don't expect the money I paid for the visa back but being in this country is a privilege and there are many people who are trying to get here for safety and work so hard that I hate that he lied and kept the visa. Considering good people are turned away and he got it granted sucks.


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Old 07-30-2020, 04:06 AM
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I contacted Immigration. They said they could not do anything and directed me to a page on homeaffairs where you answer questions.

Do you wish to withdraw sponsorship - yes
Has the visa been granted - Yes

Answer - You can not do anything.

I also emailed the queensland visa people and they said that the visa was 'his' and due to privacy they could not tell me anything and I had no rights to say anything.

He really got me good.


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Old 07-30-2020, 06:08 AM
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Write it off and if there is a next time, take professional advice.

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Old 07-31-2020, 02:39 AM
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Quote:
Originally Posted by alicevisahell View Post
When we broke up I should have cancelled the visa. But I asked him to do it and he said he did. .
As a point of clarification, you cannot "cancel" the visa. However you and the applicant have an equal obligation to notify DHA that the relationship has broken down and in your case, you would have notified them that you wish to withdraw your sponsorship. It's then up to DHA to refuse his visa application if the relationship has ended.

paulhand likes this.

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