Relationship Breakdown - 457 defacto to 457

Yannick · 10th August 2013, 06:02 PM

Hi all,
I’m an expat, who moved with my partner, from Europe three year ago. We’ve been granted, a 457 temporary working visa sponsored by my company (European one with a branch in Sydney), and a defacto 457 temporary working visa for my partner. After a couple of months, she has got a job, as a mechanical engineer in the mining industry.
Anyway, we were supposed to stay in Australia for three years (until June 2013), but as my partner really wanted to stay longer, at least until the end of our 4 years working visa, I’ve asked my company for a one year extension of my working agreement.
Unfortunately, two weeks after signing my new agreement, my partner has decided to break down. As she still wants to stay in Australia, she’s asked me not to say, to inform, or to notice anyone of our situation. At this stage, and to be prudent, we still live under the same roof (same address), but in separate bedrooms.
Last week, things have moved, as my partner had a review with the Human Resource Manager of her company. Apparently, they are okay to sponsor her for a new 457 working visa. But, and in order to simplify the procedure, she has been asked to continue to live as usual. I mean, they don’t want us to inform my company or the DIAC. By doing this, my partner will continue to be covered by the health insurance (Medibank subscribed my company), she could continue to work while applying for a new visa onshore, and it will allow the company to avoid the changes regarding the 457 working visa plan in November 2013.
As I’m very confused at the moment, and as I don’t know what to do, any advice or recommendation is welcomed. I still don’t understand what the procedure her company was talking about, and what are these new changes, they are afraid of. Otherwise, how it is possible to apply for a new 457 visa, when you’ve got one already without raising suspicions? To finish, I know my duty is to inform both, my company and the DIAC regarding a change of circumstances. But, I don’t want to hurt my partner, I still love obviously, and I still believe she will change her mind.

Yannick · 14th August 2013, 11:21 AM

Anyone can help?

nvoorst · 15th August 2013, 10:53 AM

I can't decide for you which way to go, but I have posted some extracts of the official guidelines, which may assist you to make up your mind.

CHANGES TO YOUR CIRCUMSTANCES

It is important that you tell us about any changes to your circumstances including your name, passport, contact details, address or family members as soon as possible. You are required to do this in writing. To make it easy to dvise us of your changes in circumstance, we have a number of forms which are available on our website at www.immi.gov.au or at any of our offices.

Relationship breakdown between primary and secondary visa holder

Since the secondary visa holder’s visa was granted on the basis of their being a member of the family unit of the primary visa holder, it follows that, if the relationship no longer exists, the circumstances that permitted the grant of the visa to the secondary visa holder no longer exist.

If the department has been alerted (whether orally or in writing) by a 457 visa holder that there has been a breakdown in relationship between the primary and secondary visa holder ,DIAC will contact the secondary visa holder to warn them that they could be issued with a Notice of Intention to Consider Cancellation and advise them to consider applying for a different visa if they wish to remain in Australia.

There are some other considerations in case of relationship reconciliation or if there are children involved.

Yannick · 19th August 2013, 06:35 PM

Hi Nick,
First of all, thank you for your reply. I know you can't decide for me, but it helps to have some advice :-)
Anyway, I did some search on the change they are afraid of, and it seems to be the implementation of LMT. To be honnest, I don't want to help them out to get this new visa before November, and I was wondering on my options to slow down the process (let them do the application first and then warn the DIAC, alert the DIAC right now, ...?). I'm not sure if you would accept to respond, but once again, it will help me.

nvoorst · 19th August 2013, 07:32 PM

Sorry, Yannick , I can't really advise you what to do other than what I have already posted above. I think your partner should apply for her own visa asap, as well as notify DIAC that your relationship is finished, if that's the case. I suppose you could argue that you're going through some sort of "trial" separation at the moment and that you are hoping that the relationship can be mended.The best thing to is to be truthful and to stick to the rules.

blueroxi · 30th August 2016, 03:50 PM

Hi,

I was sponsored by my husband last 2011 and got my PR 2014. However, our marriage didn't worked and now we are leaving separately. I waiting for my citizenship and will be processing my divorce this year. I met a guy on a student visa and we are now leaving together for a year. We are planning to get married once i get my divorce. Would I be able to sponsor him as my spouse?