Temp visa same-sex partnership breaking up

[Soxy]

Good afternoon

I have a very tricky situation on my hands and so went looking for answers - I then came across your forum for some advice. Thank you.

My same-sex partner and I moved to Australia in early 2008, I came in on a New Zealand passport and she came in on a 1 year student working holiday visa (British citizen under 30yrs). Since my partner obviously needed to stay longer than a year, we applied for a temporary skilled regional sponsored visa (475), with her as my secondary applicant. We had to provide evidence of our relationship and we were granted our 3 yr temp visa at the end of 2008. We are able to apply for our perm residency in December 2010.

Unfortunately our partnership is not going well and I am on the brink of calling it quits. I am worried about the implications of a seperation and the fact that this may jeapordise her perm residency. We both work full time and she has an excellent job and is able to support herself. If we declare that our relationship has ended to DIAC, will she automatically be asked to leave the country? Or will there be any grounds for special circumstances?

I have a dreadful feeling that she may have to leave, which will be such a shame considering how far she has come in her career and that she moved country for me. I would be very grateful for some advice.

Many thanks!
Soxy

[nvoorst]

Soxy,

I imagine that it is a sc. 887 visa you will be applying for.
I believe that your partner can apply for this visa in her own right as long as she satisfies the" live (2 years) and work (1 year) in a specified regional area" requirement.

So just make sure that she continues to abide by all the conditions of her current sc. 475 visa.

I'll double-check that this is correct and get back to you or maybe one of the other RMA's on the forum can confirm in the meantime.

Regards,

Nick

[Soxy]

Hi Nick

Thank you so much for your reply! You have given me a glimmer of hope, thank you! I would be ever so grateful if you could check that what you said is correct and let me know. I have looked at this specific visa (887) on the immigration website many times and this area is not clear to me at all.

Thanks so much again and I look forward to hearing from you when you get a chance.

Best regards
Soxy

[nvoorst]

Soxy, as a general rule and without knowing you and your partner's exact circumstances, each holder of the sc. 475 visa can apply for the sc. 887 visa in their own right, as long as they fulfill all the requirements for the sc. 887 visa and have complied with all the conditions on the sc. 475 visa.

That is how it is today.Just keep in mind that rules can and do change at fairly short notice. If you like to discuss your issue in more detail at some stage, feel free to contact me privately.

I have copied some of the relevant parts of the regulations below :

887.21 Criteria to be satisfied at time of application
887.211 The applicant meets the requirements set out in sub item 1136(7) of Schedule 1.

Item 1136.(7) The following requirements must be met:
the applicant must be the holder of
(iii) a Subclass 475 (Skilled — Regional Sponsored) visa;
(b) ( the applicant seeking to satisfy the primary criteria for the grant of the visa must have been, for a total of at least 2 years before the day on which the application was made, the holder of 1 of the following visas:
Subclass 475 (Skilled — Regional Sponsored) visa
that was granted on the basis of satisfying the primary criteria for the grant of that visa, or of being the spouse or de facto partner of the applicant who satisfied the primary criteria for the grant of the visa.

De facto partners
(1) For the purposes of this Act, a person is the de facto partner of another person (whether of the same sex or a different sex) if, under subsection
(2), the person is in a de facto relationship with the other person.

887.212
The applicant must have lived in a specified regional area for a total of at least 2 years as the holder of 1 or more of the following visas:
(a)a Subclass 475 (Skilled — Regional Sponsored) visa

887.213
The applicant must have worked full-time in a specified regional area for a total of at least 1 year as the holder of 1 or more of the visas mentioned in clause 887.212.