Charleyb

I'm guessing this topic has come up, for that I'm humbly apologetic..

In defence of said topic, I have searched for a while on these forums and haven't found (yet) any examples matching my circumstances.

I am on a partner visa, through a relationship that has now broken down.

There are two factors that I believe 'should' have a bearing on the decision that will no doubt be made very soon...

Firstly, I have been residing in Oz for 5 years, with only brief trips away. I'm simply staggered that 28 days is all I would be given to quit work, sell up stuff, vehicles, re house pets etc - seems to me like is bordering on human rights violation to make a refugee out of me after I have been here 5 years.
Is there any possibility of a review given my circumstances.

Secondly, and I'm dreaming I suppose... Does anyone EVER get P.R just because it looks like they've earned it?

Thirdly, I have a solid offer of sponsorship from my employer where I've been engaged for a year... Could this have any bearing? Perhaps for a bridging visa pending the work sponsorship or perhaps as a factor in deciding whether P.R could be granted with a review of my situation?

Any pointers or help would go a long way in helping me to focus on the possible and not fantasise about the impossible.

Bermudashorts

Has immigration been informed and have you actually been given notice of 28 days? If no, then firstly I would recommend you dawdle just enough to look into your other options a bit more, perhaps with help of a migration agent if needed. Of course you cannot dawdle for too long and I am not advocating that, only to give yourself more breathing space. Whatever you do, do not go anywhere near an immigration office right now.

So you did not progress to the PR stage of the partner visa, just checking as some people think their visa is always dependent upon the relationship. If not then no, PR is not just handed out to deserving people, PR only comes with a permanent visa and to get the visa the criteria need to be met. If there are no children or documented domestic violence, then you have no chance of progressing to the permanent partner visa now the relationship has broken down.

So sounds like your best bet is to crack on with the employer sponsorship ASAP. Do you know if your employer has sponsored before? And is your occupation on the skilled occupation list?

Pollyana

Are you still on the temporary part of the Spouse Visa then? I presume if you are, you must have been here on other visas before that - WHV perhaps?

Are there any children of the relationship? That may be a way to get PR.

If your employer will sponsor you, get the application started as you would get a bridging visa until it was decided. And if possible, do not till DIBP your relationship is over until you absolutely have to - and after the sponsorship application has been lodged.

Charleyb

Currently I'm still digesting my predicament. No communications have been made. In truth I am waiting on my employers immigration agent (or similar) to weigh in with a prognosis. The outcome of that will dictate to some degree how soon I will notify the relevant department...

As for skill, well my skill could best be described as...

a demonstrated ability in my field
a significant period of training and technique (with this employer)
a proven track record of delivering the work as required

I'm not a certified plumber if that's what you're asking, but (again) I would hope that because my employer has made me, employed me and could not replace me ( without repeating a year of training and development) I would hold a skill that could be used as a basis for a visa.

Charleyb

Yes, job is on the Consolidated Sponsored Occupations

As I said I'm not a holder of a specific qualification, however 457 booklet doesn't really make much mention of this (Skilled Migration Visa would be a different thing I expect) so I guess an application is worth it.

Still confused about the order of things... Can I really begin a new visa application while the partner visa is still 'in effect'?

Should I just withdraw the partner visa application or explain the relationship has ended and let them 'end it', is there a difference?

Pollyana

You can certainly apply for the new visa while still on the temp Spouse Visa. In fact thats what you should do. If you cancel the Spouse Visa then you can't go onto a Bridging Visa - the idea is that you apply for the 457, then advice DIBP that the relationship has ended and they will cancel the Spouse Visa. But as you will also be telling them you have an application in for a 457, they will then put you onto a Bridging Visa while they make a decision on that.

If you cancel the temp Spouse visa first you risk being left with no visa, and having to leave the country.

Be warned though - s 457 is only temporary, you need to start looking at whether you can get PR in the long run or you will be back in the same position in a few years time.

Bermudashorts

You cannot let the partner visa situation dawdle on forever, but find out where you are with your employer before you do anything. Bear in mind your partner could inform immigration too any time, try to find out if that has happened or is likely, you both have that responsibility.

For the 457, qualification is t always necessary but experience is and the job being on the list is. Also the employer needs to meet certain criteria to be an approves sponsor. Do you know if they have done this before, this is important as it will make things quicker.

Once the partner visa is cancelled, you will be on a bridging visa if the 457 is not through, but this will be bridging visa E, which does not have working rights, so you would need to apply to get these lifted and won't be able to work in the meantime. This is quite a tricky situation you are in and I do think you should consider getting advice from a migration agent.

Again, do not go to immigration department for advice. Advice comes from migration agents, they are on your side, immigration are there to administer.

Charleyb

Update - employer is registered to nominate, and has a role listed so seems that not withstanding any other circumstances I could just proceed with the application while saying nothing regarding my partner visa yes/no?

Then once they have acknowledged my application I should tell them about the partner thing..?

Dorothy

What you believe "should" have a bearing and what the Australian government believe are quite possibly two different things.

First, I have to say I find this paragraph an insult to genuine refugees. Do you have any idea just how self-centred and whiny that sounds? Human rights violation? Make you a refugee? I would think you are from a first world country (UK?), so it's not like you're being shipped off to deepest darkest Africa or a war zone somewhere. If your temporary visa is cancelled you will be expected to return to your country of origin.

Earned it? In what way? Just living here for 5 years does not "earn" you anything.

If your employer is willing to sponsor you for PR and they are an eligible sponsor and you are an eligible candidate then there is that possibility.

Charleyb

Perhaps I have chosen my words poorly, and perhaps people can accept that when life as you know it is crumbling around you would perhaps forget that there are always those worse of than you. I apologise for offending anyone.

Bermudashorts

Umm no, I don't think I can advocate saying nothing. I was only advocating that you "dawdle" whilst you sort yourself out. But you do have a duty to inform immigration, you surely do not want to be in breach of your temporary visa if you have a life here.

Your employer has to be a registered sponsor and then needs to nominate a specific occupation before your application for sponsorship can be looked at. Have they done both of their steps?

Charleyb

Yes BMshorts, these nomination etc channels were opened up already, probably before my posting with them.
I'm sort of thinking really I just have to lodge the application. Then when it's in I'll begin the process of cancelling the partner element.