5 years limitation of partner sponsorship

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5 years limitation of partner sponsorship


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Old 09-23-2014, 01:40 AM
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5 years limitation of partner sponsorship

Hello everyone

I have sponsored my ex-partner for visa 820 based on a defacto relationship. She has been granted her Temporary 820 visa in February 2012 and Permanent Partner Visa 801 in April 2014. Unfortunately, our relationship has actually broken down but we still live in the same house til date as the house was bought under both of our names. I also did not inform IMMI about the relationship status.

We are in the process of transferring the home ownership to myself now and she will not be claiming anything from the property.

But I have actually met another partner from overseas in August 2014 and I am planning for our future. I'm aware that one can only sponsor a partner for every 5 years. However, when do they start counting the 5 years? From the date the previous 820 application was lodged or granted?

Also, as me and my ex-partner are still living in the same house and legally she is still my partner, what is the best way that I can prove to IMMI that our relationship has ended for (for eg: 30 June 2014) when I apply for PMV few years later with my new partner?

Cheers
Shawn

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Last edited by shawn; 09-23-2014 at 09:01 AM.

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Old 09-23-2014, 01:59 AM
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Did you register the relationship? I believe you can lodge something with BDM to end it.

The 5 years is from when you lodge the 820.

Does your ex plan to move out? It won't look good to DIBP if you are still sharing the same house.

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Old 09-23-2014, 03:43 AM
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Quote:
Originally Posted by Mish View Post
Did you register the relationship? I believe you can lodge something with BDM to end it.

The 5 years is from when you lodge the 820.

Does your ex plan to move out? It won't look good to DIBP if you are still sharing the same house.
To be honest, we do think about getting married 2/3 years later but I'm thinking to apply for PMV at that time and get married in Australia instead. At the moment there's no proper registration of our relationship still. We are trying to visit each other every 3-4 months and going to keep records of all these travels. At later stage I also plan to open a joint account with her so I have some stronger evidence of our relationship.

The situation with my ex is pretty complicated. I'm trying to convince her to move out of the house then I do the transfer of ownership. And my settlement agent advised that I should have a statutory declaration & Financial Binding Agreement signed stating the date our relationship ended and she's not claiming any portion of my asset.

But now that you said the 5 years was from the date the previous 820 was lodge, which is December 2011, that means I can plan for the next sponsorship in December 2016. This is something pleased to hear at least


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Old 09-23-2014, 05:45 AM
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I think Mish was referring to your prior relationship and whether you'd registered that one. If so, it may be that there's something with BDM in your state to register that the relationship is ended. This way you can 'terminate' the relationship officially even if you haven't sorted out the house ownership and living arrangements.

Since you can't (in the eyes of DIBP) be in two mutually-exclusive relationships at the same time, you can't really use evidence of your new relationship until the old one has been terminated. So the sooner you can create that line in the sand, the better for your new sponsorship.

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Old 09-23-2014, 06:13 AM
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I was referring to your ex not your current relationship as you said you are still classed as de factos. You need to deal with the current de facto issue first. DIBP would find it hard to believe that you are in a genuine relationship.

I can't imagine your current partner is too impressed with you still living with your ex

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Old 09-23-2014, 06:29 AM
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Me and my ex-partner were not register. We are going through a very difficult situation as she has no one in Australia and doesn't know where to move to. I wish to have a clear cut ASAP but she's being emotionally unstable and I do not want to make things worse now.

I've spoken with my solicitor and he said is best to get someone who live with us to sign a statutory declaration to proof that we live in the same house but different room.

But I also believe that this will definitely affect my future application. So, the only way is to really get things sorted ASAP and cut it off.


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Old 09-23-2014, 07:02 AM
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So you committed immigration fraud by not informing DIBP that the relationship was over so your partner could get a permanent visa she was not entitled to.....and now you want advice on how to lie on another application about when this relationship ended?!?!?!! Are you serious?!?
No bloody wonder it's so hard for all the genuine applicants!!!!!!

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Old 09-23-2014, 07:13 AM
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Sorry mate, but I personally don't like the smell of your plan, it stinks!

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Old 09-23-2014, 07:33 AM
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Hi all!
What if the case is like this..

Sponsor - was sponsored before as Partner Visa way back 2009. Relationship ended (separated) 2011 but only got divorced 2014.

Can the person sponsor a PMV already?


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Old 09-23-2014, 08:49 AM
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Quote:
Originally Posted by Valentine1981 View Post
So you committed immigration fraud by not informing DIBP that the relationship was over so your partner could get a permanent visa she was not entitled to.....and now you want advice on how to lie on another application about when this relationship ended?!?!?!! Are you serious?!?
No bloody wonder it's so hard for all the genuine applicants!!!!!!
You wrote what I would've written to this post. My partner and I have been together 4 years, 15 months and counting since we submitted our application and still no sign of visa
Makes me angry!!

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Last edited by Becky26; 09-23-2014 at 08:54 AM.

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