De Facto Relationship - Where I stand

[Andrew]

I am about to go through the process with my Girl Friend and sponsor her as my De Facto, her 2nd year working holiday Visa is about to run out and if we want to stay together we need to go through the motions.

We have been together for 18 months and will qualify. I hope!!

My question is what happens if we break up? Will she have to leave the country strait away? They say it can take up to 1 yr for a decision to be made and Im worried that if something happens (as in we break up) that she will be given notice and have to leave imediatley. Could she stay if we broke up? How long for? I have to inform immigration if anything happens otherwise I'm in trouble.

Any advice would be greatly appreciated as I feel responsible for her staying or having to leave Australia..

[nvoorst]

Hi Andrew,

Welcome to the forum.

I hope you are doing more than "going through the motions". A spouse visa application requires a serious, thorough approach. And if you are already concerned about breaking up, maybe you should consider how "genuine and on-going" your relationship is ?

As for your question : If you break up before your partner has been granted permanent residence, then she most likely would have to leave, unless there were compelling circumstances (children, death of partner, domestic violence) or she met the requirements of another onshore visa. The options for another onshore visa are likely to be very limited.

[Andrew]

Thank you kindly for offering advice.

And yes I am doing more than going through the motions, don't worry, I know we won't break up, I'm completely in love..

I guess it was imortant that I know where we stand should the worst happen.

[nvoorst]

Best of luck,Andrew.

There are several postings in the partner section about break- ups and the consequences for the sponsored partner. It does add an extra dimension to a relationship, that's for sure. Keep us posted.

Regards,

[Andrew]

Hi Nick/Team,

We posted our application (Defacto) 12 Hours late and my girlfriend had to wait 2 weeks before she could start work. (I think they classed her as an illegal for 1 day) Work and stay authorisation came through about 2 weeks ago.. Thank God..

However..

They also said that she cannot leave the country until she has been granted a Defacto Visa as it may cause problems when we come back.. We have paid for a trip to the UK in July to see/meet both of our Families and we are un sure of what to do.

The question I have is will she loose all rights to work in Aust if we travel and or will it be frowned upon by immigration.

Is there a way that we can explain to immigration that we are away for 5 weeks, hopefully enabling us to travel and return with out loosing her rights to work and with out risking the Visa application?

Any advice would be greatly appreciated.

Thank you.

[nvoorst]

http://www.immi.gov.au/allforms/pdf/1024i.pdf

http://www.immi.gov.au/allforms/pdf/1006.pdf