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End of a temp defacto visa - options
Old 30th January 2011, 05:03 PM   #1
Join Date: Jan 2011
Location: Brisbane
Posts: 1
Default End of a temp defacto visa - options


In May last year my english partner and i were granted a defacto visa - currently a temporary subclass 820.

Problems have arisen in our relationship, and although we aren't certain that we want to part (are working very hard on making changes to make it work) it is very possible that it will happen down the line.

I feel a burden on me as a sponsor that I have my partners life in Australia, in my hands. He has a permanent job and friends and seems to be flourishing which is great for him. These aspects are really affecting the gravity of the decision I have in deciding whether I really want to make us work - what if i make the wrong decision, we part ways (him going back to England) and then its too late?

I guess my primary question is, what is the possibilty of him rolling straight onto a work sponsored visa, from Australia? I would like him to do this. Is that possible or would he have to return to England then reapply? Are there other options?

I would just really like to relieve this pressure I am feeling so I can think about just our relationship and not about whether I am going to ruin someones life/career in Australia.

Sorry for the drawn out questions... any help would be so appreciated.

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Old 30th January 2011, 07:33 PM   #2
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Join Date: Jan 2010
Location: Cairns
Posts: 1,073
Nick van Voorst van Beest Registered Migration Agent
MARN 0640648

Sorry to hear about your dilemma. It is certainly not a pleasant situation to be in.

If it came to the point that you would break up. then you both have an obligation to inform DIAC of the change in circumstances (e.g. breakdown in relationship). DIAC would most likely cancel your partner's visa and then give him a time frame to leave Australia.

I can't say if he would be allowed to apply for another visa. It depends very much on his particular circumstances, but I think he should prepare himself that he might have to apply offshore, if he wanted to continue living in Australia.

If he were allowed to apply for another visa onshore, then I believe his only option would be to apply for a sc. 457 visa, while in Australia.

If he were in a position to apply for the sc. 457 visa, then he needs to have an approved sponsor as well as meet the other requirements for this visa. The sc. 457 is a temporary visa, so he would have to apply for one of the permanent employer sponsored visas down the track. If he lost his job, then he would have to find another sponsor or leave Australia on fairly short notice.

So unfortunately the decision you will make on your relationship will almost certainly affect his situation in Australia.

The best solution would be of course, if you can somehow rescue your relationship.

Best wishes,
Nick van Voorst
Registered Migration Agent 0640648



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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances. Migration advice can only be provided after a contract has been entered into and the required fee has been paid.

Last edited by nvoorst; 30th January 2011 at 10:24 PM. Reason: Clarification
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Old 31st January 2011, 04:18 PM   #3
Join Date: Sep 2009
Posts: 28
Emmanuel Rodriguez Solana Registered Migration Agent
MARN 9701073

It is sad when both parties to a relationship try their hardest to rescue the relationship.

I had a couple of clients who was in the same kind of situation. Both went for marriage counselling. One was rescued, the other one just did not have the ingredient anymore of a committed relationship.

In both situations, the application was already in the 801 stage. In both cases, the DIAC officers (different ones) has been considerate enough in giving the applicants time to go through the counselling stage.

Funny enough the one that was refused thought that they have one more go at the relationship and went to the MRT. But before it could be decided, the relationship just totally fell apart.

So, if you feel that there is a chance of rescuing the relationship, give it all the chance it can have. Go for marriage counselling, others. But if it just wouldn't work, what can you do. You will have to notify DIAC if this happens.

If he has skills that can be sponsored by an Australian employer, have a look at it so that you can at least help him ease into another visa to allow him to remain in Australia lawfully.

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Old 31st January 2011, 07:25 PM   #4
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Location: Manila, Philippines - Brisbane, QLD
Posts: 374
Jeffrey Peter Harvie Registered Migration Agent
MARN 0959797

What Nick and Emmanuel have said is correct and comprehensive. I'll just add one thought:

It's NOT "in your hands". It's the Law. He is here by the grace of the Law, and not by yours. You don't have that power and it's not even your decision. All you can do is to obey the Law (ie. inform DIAC), and let the Law take responsibility for the outcome.
Jeff Harvie

Registered Migration Agent MARN 0959797

Offices in Brisbane QLD, and (main office) Manila Philippines

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