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Old Sep 1st 2017, 11:45 am   #1
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Default Partner visa question

Ok, so I have a couple of questions about partner visas.


I was talking to a woman at work who was telling me about a friend of hers and she asked me if I knew anything about spouse visas. Her friend "Mary" was sponsored about 18 months ago by her boyfriend (let's call him Steve) and she's here in Australia on a 309. Mary and Steve lived together in Australia for about 4 months when Mary met John. Mary and John work together and a relationship developed. Mary tells Steve that she's unhappy and is going to live with a girlfriend but she still wants to work on the relationship. Meanwhile, Mary has moved in with John and they're now a couple.

What happens now with regard to the permanent part of the visa? Does DIBP send something to them saying they have to submit evidence for the 100? If Steve and Mary are not actually living together will her 100 be refused? Can John now sponsor her instead?
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Old Sep 1st 2017, 12:30 pm   #2
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Default Re: Partner visa question

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Originally Posted by Dorothy View Post
Ok, so I have a couple of questions about partner visas.


I was talking to a woman at work who was telling me about a friend of hers and she asked me if I knew anything about spouse visas. Her friend "Mary" was sponsored about 18 months ago by her boyfriend (let's call him Steve) and she's here in Australia on a 309. Mary and Steve lived together in Australia for about 4 months when Mary met John. Mary and John work together and a relationship developed. Mary tells Steve that she's unhappy and is going to live with a girlfriend but she still wants to work on the relationship. Meanwhile, Mary has moved in with John and they're now a couple.

What happens now with regard to the permanent part of the visa? Does DIBP send something to them saying they have to submit evidence for the 100? If Steve and Mary are not actually living together will her 100 be refused? Can John now sponsor her instead?
If she is on a 309 then her visa is dependent on that relationship - the one with Steve. Two years after the 309 application date she will be sent papers for the 100 (PR) and will have to prove that she is still in an ongoing relationship with Steve, as he is her sponsor. He will also have paperwork to fill in and they have to convince DIBP that they are still a solid couple with an ongoing marriage/partnership.

If DIBP are not convinced then her visa is cancelled and she has to leave the country (or apply for something else within 28 days).

On the basis of what you've written here they have Buckley;s chance of convincing DIBP to grant a 100. Bear in mind too that at present 100s are taking well over 12 months to be granted and the relationship needs to be solid for the whole time.

As for can John sponsor her - as she arrived in Aus on a Partner Visa (309) she has to wait 5 years before she can either sponsor another Partner herself, or be sponsored for another Partner visa - thats 5 years from the grant of the original 309.

Technically speaking she is already illegally here if she is no longer in the relationship with Steve, unless they are trying hard to fix things. As she is living with someone else that doesn't hold any water either.
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Old Sep 1st 2017, 12:40 pm   #3
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Default Re: Partner visa question

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Originally Posted by Pollyana View Post
If she is on a 309 then her visa is dependent on that relationship - the one with Steve. Two years after the 309 application date she will be sent papers for the 100 (PR) and will have to prove that she is still in an ongoing relationship with Steve, as he is her sponsor. He will also have paperwork to fill in and they have to convince DIBP that they are still a solid couple with an ongoing marriage/partnership.

If DIBP are not convinced then her visa is cancelled and she has to leave the country (or apply for something else within 28 days).

On the basis of what you've written here they have Buckley;s chance of convincing DIBP to grant a 100. Bear in mind too that at present 100s are taking well over 12 months to be granted and the relationship needs to be solid for the whole time.

As for can John sponsor her - as she arrived in Aus on a Partner Visa (309) she has to wait 5 years before she can either sponsor another Partner herself, or be sponsored for another Partner visa - thats 5 years from the grant of the original 309.

Technically speaking she is already illegally here if she is no longer in the relationship with Steve, unless they are trying hard to fix things. As she is living with someone else that doesn't hold any water either.
That's what I kind of thought, but I wasn't sure. Thanks for confirming.
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Old Sep 1st 2017, 12:42 pm   #4
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Default Re: Partner visa question

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That's what I kind of thought, but I wasn't sure. Thanks for confirming.
No probs

She's not in a good position, thats for sure.

She might manage to stretch it out until DIBP ask for the PR paperwork, and maybe even until they get round to looking at it 12 months or more later, but it only takes a word from her ex to DIBP, or even a word from some nasty little busybody, and they can investigate and cancel her 309 on the spot.
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Old Sep 1st 2017, 12:46 pm   #5
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Default Re: Partner visa question

Eeek, she's in a pickle. Definitely a case of a Steve in the hand is worth two Johns in the bush.
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Old Sep 1st 2017, 12:49 pm   #6
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Default Re: Partner visa question

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Eeek, she's in a pickle. Definitely a case of a Steve in the hand is worth two Johns in the bush.
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