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DIBP Invitation to comment on Relationship Breakdown
Old 9th December 2016, 04:09 PM   #1
Join Date: Dec 2016
Location: NSW
Posts: 5
Default DIBP Invitation to comment on Relationship Breakdown

Hi all,

I'm a foreigner and my Partner / sponsor is an Australian citizen. We have been in a relationship and lived together for four years. We have no children. I am currently awaiting a decision on my 801 (Partner Permanent) visa application after having provided all the additional information requested by the department (totaling the maximum of 60 uploads, many with multiple pages in PDF format) via my online immiaccount. My application status has shown "Assessment in Progress" since late June 2016.

I recently (in December 2016) received an email from a case worker (this must be the third or fourth case worker I've had...either the department has a high turnover rate or it is a norm for cases to get passed from one officer to another? How do they maintain continuity if so..?) saying the department has received adverse information that the relationship between my partner and I had ended. The department did not give me any specifics as to the source of this adverse information, what content exactly comprised the information supplied to the department, nor the manner in which this adverse information in question was conveyed to the department. I was only invited me to comment on this allegation that my relationship had ended. I was utterly shocked and dumbfounded.

Like many in our situation, we have experienced a considerable amount of stress relating to this whole application progress. Waiting for a decision in the hands of a government department which could dictate a huge turning point in your life can be nerve wracking and sure have an impact on your relationship, no matter how close or in love you are. Sometimes, even the smallest arguments or misunderstandings are amplified, and one's faults or weaknesses scrutinized as if under a microscope. Words are sometimes exchanged in the heat of the moment that are later regretted and retracted. However, neither I nor my partner have gone to the extent of ending our relationship; neither of us have ever moved out of our family dwelling or announced to our respective families that we are no longer together or are moving on with our lives separately. These are things that couples who Really split up do.

Thus, at first I suspected there may be a third party interference maliciously trying to ruin the relationship between my partner / sponsor and I due to jealousy or other such thing. When I brought this email to my partner / sponsor's attention however, he admitted that four months ago, in August 2016 , when he and I were going through hard times, he had telephoned DIBP during a heated moment, to inquire as to what what process he would have to follow in the event of a relationship breakdown. He was advised to submit any report of a relationship breakdown or withdrawal of sponsorship in writing to the department. My partner however, DID NOT write in to the department, because we DID NOT end up breaking up.

I replied to the department via email to the case offer who wrote me, refuting the allegations of a relationship breakdown, saying that the relationship between my partner and I had not ended. I attributed the allegations to a miscommunication that may have occurred when my partner / sponsor had telephoned the department to make a simple enquiry as to the process he needed to follow IF the relationship has broken down or has ended. I clarified that I did not wish to withdraw my application and my partner was not withdrawing his sponsorship as our relationship is ongoing, and concluded saying that I hoped the department will dismiss these allegations as they are unsubstantiated. I also said that should I relationship end, the department would be notified IN WRITING, as was the advice of the person to whom my partner spoke to when he called in to make his inquiry back in August.

The correspondence between the case officer and I has not shown up in my online immiaccount; the application status appears to be unaffected, still showing "Assessment in Progress" as it has from June-Dec 2016 (the present). I am so anxious and on the verge of depression awaiting how the department will respond to my refuting the allegations. Six months waiting, praying and hoping for a favourable decision and now this! If it took them four months to send me this "invitation to comment" from the time they supposedly received the "adverse information", I suspect I am in for a long wait (although it says on the DIBP website that they aim to respond to all email enquiries etc within 7 working days...).

I am still hoping for the best but am already looking into how to make an appeal with the MRT should my visa be refused under these false circumstances. The financial and emotional cost of that possible eventuality may be too much to bear for me. I am considering withdrawing my application altogether before it gets rejected as I fear I may have trouble getting approved for a visitor visa in future if I want to visit my sister, who has PR here, and her family, or other relatives, or simply if i desire to come back to Australia for holidays or to see my partner (how sad!).

What, if anything else, can I do..?
sitcom is offline  

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801 Visa Grant
Old 8th April 2017, 11:19 AM   #2
Join Date: Dec 2016
Location: NSW
Posts: 5
Default 801 Visa Grant

Hi all.

To update, my 801 Visa was granted, two months after my Sponsor/partne and i submitted Stat Decs confirming that we have "reconciled" and our relationship is ongoing. Thank goodness!
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Old 10th April 2017, 12:50 PM   #3
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Join Date: Jan 2010
Location: Cairns
Posts: 1,073
Nick van Voorst van Beest Registered Migration Agent
MARN 0640648

Originally Posted by sitcom View Post
Hi all.

To update, my 801 Visa was granted, two months after my Sponsor/partne and i submitted Stat Decs confirming that we have "reconciled" and our relationship is ongoing. Thank goodness!
Congratulations. Well done !
Nick van Voorst
Registered Migration Agent 0640648



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