brutus

What happens if you go out to Australia on a de facto visa and you then split up with your partner, do you simply have to leave or is there an opportunity to apply for your own visa?

Are companies in Australia keen to sponsor these days?

mlbonner

Depends if you have a two year temp or PR to how they view it. I 'believe' I 'may' have read on the DIMIA website that if this is the case you need to inform DIMIA but it doesnt necessarily mean removal from the country.

[edit]


"If the relationship ends before the second stage of processing
If the relationship ends while you have a temporary visa, you must inform the department immediately. You may still be eligible for a permanent visa, without having to fulfil the normal two-year waiting period, if:

after entering Australia the relationship breaks down and you or a member of your family are the victim of domestic violence committed by your spouse; or

after entering Australia the relationship breaks down and you and your Australian spouse have children under 18 years of age; or

after entering Australia, your spouse dies."

FROM: http://www.immi.gov.au/migration/fam...ers/spouse.htm


If this has happened to you and especially if none the above apply, I would suggest an agent to help you.

JAJ

Depends on precisely what you mean by 'de-facto' visa.

Generally not unless you have a really high demand occupation (eg nursing), specialist skills they can't find locally or the job is somewhere too remote to attract Australians.

Jeremy

brutus

Do you know how they assess or check up on whether or not the relationship is still working?? Do they call round the house for instance?

Nothing bad has happened and our relationship is fine, but I'm just sceptical about being in a position where I'm so reliant on someone else and vulnerable to deportation, losing my job etc etc.

Any help would be great.

Is George Lombard the man to talk to?

mlbonner

George is certainly highly recommended on this forum - there are also other agents such as Alan Collett et al

NJJ

I belive once you are granted the "de-facto" visa you have a 2 year residency after which the relationship is assessed again. A family friend who works for MRT advised me & my partner that house calls have not been unknown if they think it is required to assess the status of the relationship.

Pollyana

If you are on the 2 year Temporary Residence De Facto visa, DIMIA will contact you when the two years is nearly up, in order to grant your permanent residency. At that time you have to prove that you are still together, and still in a committed and ongoing relationship - Stat Decs, proof of living together at same address etc.
If they aren't happy, you won't get PR, and then you will probably have to leave.

brutus

Thanks for the information, so is it possible to get a sponsored business visa, if a company is prepared to do that, whilst out under a De Facto visa?

bondipom

Does your visa have sub class 100 or sub class 309 written on it? If it is 100 then your status in Oz is not dependant on your relationship as you are a permanent resident. You are fine. If it says 309 then 3 months before your PR is due DIMIA will send you some forms 3 months before your PR is due. PR is due 2 years from data of APPLICATION. I was asked to provide the same type of evidence that I had supplied in the UK.

I guess I supplied enough evidence as I was not asked for more evidence or asked to attend an interview. Many are. DIMIA can investigate your relationship if they are suspicous.

One of the conditions of your visa is to inform DIMIA if your relationship ends. Not sure how that affects you applying for another visa.

JAJ

The answer is 'possibly'

Look - if you have some specific concern in mind you need to see a good agent straight away. And sooner rather than later, visa problems don't usually get easier to fix with time.

Call IARC and either they will be able to advise you or refer you to a competent agent - http://www.iarc.asn.au

Jeremy

JAJ

Or if the spouse visa was obtained onshore, 801 has equivalent meaning to 100, while 820 corresponds to 309.

Jeremy