albundy

Hi,

I have searched for this but not found any information so was wondering if anyone on here has any advice.

My friend had applied for an 801/820 defacto partner visa 15 months ago but sadly her Partner passed away about 12 months ago.

She notified the department and has now been allocated a case officer, they have sent a request saying she needs to evidence "close business, cultural and personal ties to Australia".

I have searched on the internet but there seems to be no real guidance what this constitutes. She doesn't own any property but does have a part time job and is currently studying a diploma.

Will these be enough or do ties need to be "closer" than this?

Appreciate any help!

Simon

Pollyana

Its a very unusual situation, and to be honest I'd advise using a registered migration agent

msmyrtle

I'm not sure it is that unusual because provisions for what to do is in the Partner Migration booklet (if the sponsoring partner dies).

https://www.immi.gov.au/allforms/pdf/1127.pdf - page 50

To the OP, can't really help with what constitutes "close ties" to Australia

Pollyana

Its pretty unusual round these parts, I only remember two other people asking and both those had Aussie children from broken relationships, rather than deaths. Its something that only occurs if the Aus citizen/PR partner dies, or domestic violence or an Aussie chuild is involved. If it were me, I'd be asking for professional help to put forward the strongest case possible to stay in the country.

Bermudashorts

Well I think a migration agent is a good idea too.

But otherwise, I think I would do this from the heart, rather than try to follow a rule book. What does she think are her close ties, i.e. why does she want to stay? If she can articulate that it might help, perhaps it is her home, friends, job.. Has she been here long, built up a life, is she in any clubs or groups? Out of interest, what visa is she currently on?

Pollyana

She'd be on a Temp Spouse Visa - normally PR is only granted if the relationship is ongoing, and if the rel'ship fails the person has to leave Australia, but there are exceptions in cases like this, for death of a partner, also if there is an Australian child involved, or if there has been a case of domestic violence against the non-Aussie.

Bermudashorts

I was just responding to the OP's question about how to demonstrate some ties.

Pollyana

And i was just letting you know what the visa is and why she needs to go through this process.

Totally agree about the thought process, why does she want to stay, what ties are holding her here....

albundy

Thanks for your responses!

Yes, she is on a bridging visa while she awaits the decision on this (previously on a student visa).

I have pulled together a bit of story with evidence of things like her job, study, clubs she is a member of, lease on her rental apartment. Just looks a bit "weak" when you put it down on paper without much guidance on what "close ties" actually are!!

I think we will speak to a migration agent as it seems she is so close and would be terrible if she fell at the final hurdle.

Thanks again for your comments!

Simon

Bermudashorts

Try not to overthink the "close ties". Just go through the process of considering what she does have here, why doesn't she want to go home, those things are her close ties. If somebody asked me what close ties I had to either UK or Australia, I would find it easy to come up with a list of things, don't need any definitions.