Partner Passed Away Before Visa Grant

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Partner Passed Away Before Visa Grant


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Old 01-24-2014, 10:16 AM
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Partner Passed Away Before Visa Grant

Hi everyone,

I dont know if this is the right thread but I could really use some information. I put in an application on the 27th of March 2013 for 820/801 (Onshore). My partner and I had been together since mid 2011 and had been living together since early 2012. We registered our relationship prior to the visa application. All was going fine and I was granted a bridging visa when my student visa ceased. unfortunately over month ago my love passed away unexpectedly. I havent even thought about immigration until today. I dont even know what to do.
I finished my degree here and work full time here and built my life here, with no family. He was all I had. But I know that I have to pull myself together and deal with my visa situation. Does anyone know what can be done or what the process is I am feeling very hopeless at the moment.

Kindest Regards


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Old 01-24-2014, 02:16 PM
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Quote:
Originally Posted by divmajor View Post
Hi everyone,

I dont know if this is the right thread but I could really use some information. I put in an application on the 27th of March 2013 for 820/801 (Onshore). My partner and I had been together since mid 2011 and had been living together since early 2012. We registered our relationship prior to the visa application. All was going fine and I was granted a bridging visa when my student visa ceased. unfortunately over month ago my love passed away unexpectedly. I havent even thought about immigration until today. I dont even know what to do.
I finished my degree here and work full time here and built my life here, with no family. He was all I had. But I know that I have to pull myself together and deal with my visa situation. Does anyone know what can be done or what the process is I am feeling very hopeless at the moment.

Kindest Regards
Oh, div, my heart goes out to you! How incredibly sad. I think there are "compelling and compassionate" provisions for cases like this but I'm not sure how you'd apply - I'd really suggest talking to a migration agent if you can. Maybe send one of the agents on this forum a private message and they can probably point you in the right direction. Mark Northam, CCMS, or Adam Grey.

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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.

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Old 01-24-2014, 06:10 PM
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I'm really sorry to hear of your loss, hope you're bearing up well in the circumstances.

I'll try and help as much as I can. This wording isn't very sensitive, but I'm quoting from the regulations. At the time of decision you need to show that you would have continued to be in the de facto relationship had your partner not died and that you have developed close business, personal or cultural ties in Australia:

820.22 Criteria to be satisfied at time of decision

820.221

(1) In the case of an applicant referred to in subclause 820.211(2), (3), (4), (5), (6), (7), (8) or (9), the applicant either:

(a) continues to meet the requirements of the applicable subclause; or

(b) meets the requirements of subclause (2) or (3).

(2) An applicant meets the requirements of this subclause if the applicant:

(a) would continue to meet the requirements of subclause 820.211(2), (3), (4), (5) or (6) except that the sponsoring partner has died; and

(b) satisfies the Minister that the applicant would have continued to be the spouse or de facto partner of the sponsoring partner if the sponsoring partner had not died; and

(c) has developed close business, cultural or personal ties in Australia.


You will need to notify your case officer as soon as you can and I'm sure they will treat it sensitively and let you know how you should proceed. If you run into any difficulty just let me know on here and I'll reply back.

Kind regards,
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Old 01-24-2014, 08:44 PM
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Sorry to hear the news, I am guessing that Adam is saying that you need to
.get statutory declarations stating that you were still in a loving relationship and as a couple had plans for the future together
. Evidence of some sort of joint long term commitment eg: saving account to buy a house or joint loan
- a letter of support from your employer
- or a letter from your church/sporting club about your involvement

Adam, please correct me if I am wrong

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From: Philippines, Applied: 22 Aug 2012, Applied From: Cebu,Philippines, Visa Sub: 300 Prospective Marriage Visa, Application: Paper, Agent: No, Medicals: 11 Sep 2012, Police Checks: 30 Aug 2012, CO Assigned: 10 Oct 2012, Visa Granted: 04 Jul 2013, To: Australia

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Old 01-24-2014, 08:45 PM
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wops first dot point stat dec should be from friends (preferably Australian)

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From: Philippines, Applied: 22 Aug 2012, Applied From: Cebu,Philippines, Visa Sub: 300 Prospective Marriage Visa, Application: Paper, Agent: No, Medicals: 11 Sep 2012, Police Checks: 30 Aug 2012, CO Assigned: 10 Oct 2012, Visa Granted: 04 Jul 2013, To: Australia

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Old 01-24-2014, 09:11 PM
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There's a number of ways it can be evidenced, but you're pretty bang on. From the relationship factor it's unlikely to need anything additional to what was originally submitted, but updated utility bills, financial statements, lease documents etc will show a continuance of the de facto relationship. A death certificate will probably also need to be shown I'm afraid.

For the ties to Australia an employer reference, evidence of home ownership/lease, stat decs from friends/family and yourself making a case for why Australia is your home now and you couldn't see yourself anywhere else.

The main thing is to let the CO know first.

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Old 01-25-2014, 03:13 AM
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Thank you everyone. This means the world to me.
I have no doubt in my mind that I can get as many stat decs from Australian citizens confirming our love and devotion. Everyone from my employer to acquaintances know how hard this has been for me. We still have our tenancy agreement with both our names. I am his next of kin for his University enrolments; bank statements with transactions, our voicemail message still have him on it, I flew to Zimbabwe where he was laid to rest to be with his family I have sweet text messages from the day before he passed because he passed the day after my birthday, emails and facebook posts to show how nauseatingly in love we were haha. So i am not worried about that but I am concerned on what I need to provide to show that Australia is my home.
This is what I have:
I have been here for about 5 years
I have a degree from an Australian University
I will be commencing my Master Degree by correspondence with another Australian University this year
I am employed permanent full time with a large Australian Company
I have no convictions, never been arrested
My credit rating is good
My best friend is Australian born and raised and her family treat me like their own daughter
I celebrate Australia day with pride
I live alone and have a fair amount of assets
I have medicare and private health insurance
I donate to the Royal Children's hospital and did volunteering for 8 months at the United Nations Youth VIC for 8month
I have joined a support group for grieving partners to help me get through which I really need at moment
I dont know if this is enough
Thank you again everyone for your assistance


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Old 01-25-2014, 05:18 AM
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You're going to be just fine, that's more than enough evidence. Let your case officer know what's happened and tell them that you're going to supply documentarion shortly. I've no doubt that they'll support you through the final stages.

All the best,

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Old 01-25-2014, 05:28 AM
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Wouldn't it be a problem since I am still on a bridging visa and not a temporary visa? Also I was using global visas as my migration agent and well their Australia office closed and now my case officer is in South Africa and long story short they are a scam. Do you think it would be better for me to peruse my application by myself and ditch them?


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Old 01-25-2014, 07:09 AM
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No advice on your above question, but couldn't see this and not offer my sincere condolences.

I'm so incredibly sorry that this has happened to your love. I am sending you prayers, love and lots of hugs.


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