Cancellation of de facto visa

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Old Feb 28th 2017, 5:05 am
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Default Cancellation of de facto visa

Hey everyone,

I moved to Sydney over a year ago with my now ex partner. He got sponsored on a 457 visa through his company, who also kindly paid a de facto visa for me. Only just recently, my partner and I have split up and he has cancelled the visa himself. It mentioned in the email that the lawyer sent to him that I will be receiving an email from the immigration department within 28 days to confirm the cancellation. So my question is how long do I actually have until I have to leave? Do I get 90days once I receive the email? Also, is it possible getting a visa via a family member who is a citizen in oz?

Thanks, id really appreciate any help/advise!

Alie
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Old Feb 28th 2017, 5:09 am
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Default Re: Cancellation of de facto visa

Originally Posted by Alie.c
Hey everyone,

I moved to Sydney over a year ago with my now ex partner. He got sponsored on a 457 visa through his company, who also kindly paid a de facto visa for me. Only just recently, my partner and I have split up and he has cancelled the visa himself. It mentioned in the email that the lawyer sent to him that I will be receiving an email from the immigration department within 28 days to confirm the cancellation. So my question is how long do I actually have until I have to leave? Do I get 90days once I receive the email? Also, is it possible getting a visa via a family member who is a citizen in oz?

Thanks, id really appreciate any help/advise!

Alie
Firstly, and it makes a big difference, you are not on a de facto visa. You are a dependent on your partner's 457, on the grounds of being de facto.

You really should speak to a registered agent asap about your options. Just having a family member here is not enough - do you have a skill which would qualify you for a visa in your own right?
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Old Feb 28th 2017, 5:15 am
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Default Re: Cancellation of de facto visa

Originally Posted by Pollyana
Firstly, and it makes a big difference, you are not on a de facto visa. You are a dependent on your partner's 457, on the grounds of being de facto.

You really should speak to a registered agent asap about your options. Just having a family member here is not enough - do you have a skill which would qualify you for a visa in your own right?
Thanks for replying so soon. Do you know how long I have once I receive the email from the immigration department? Other visa options don't suit my work. And I've already done working holiday so would have to do farming but not willing to do due to my work.
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Old Feb 28th 2017, 5:25 am
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Default Re: Cancellation of de facto visa

Originally Posted by Alie.c
Thanks for replying so soon. Do you know how long I have once I receive the email from the immigration department? Other visa options don't suit my work. And I've already done working holiday so would have to do farming but not willing to do due to my work.
Cancellation of a 457 generally means 60 days to leave the country from the date of cancellation - without checking with an agent I wouldn't like to say whether they date the cancellation from the date they were informed or the date they send the email.

EDITED TO ADD - I know its 60 days for the 457 holder tofind a new sponsor, I don't know for certain if that 60 days applies to dependents. Many visas only give the holders 28 days. Please clarify the timing with an agent to be sure.

Visa options 'not suiting your work' wouldn't cut it as far as getting another visa is concerned. You will need an occupation that's either on the SOL or CSOL in order to get a visa to stay on the grounds of skills.

The second year WHV is out as the 3 months regional work has to be completed whilst on the first year WHV.

Honestly, I think you are grasping at straws and may well not be able to stay, though not knowing your skills you may have a route there. Get professional advice asap.

Last edited by Pollyana; Feb 28th 2017 at 5:34 am.
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