What to do when the
relationship ends before the granting of a permanent visa?
What are our rights if we have forwarded a partner visa and
are still waiting for aresponse from the Department? Many doubts afflict
people who for various reasons are at a crossroads of life and do not know
exactly what to do.Often after waiting for years for the arrival of
the much sought-after Australian
partner visa, the relationship between the sponsor and the applicant ends,
leaving many doubts and uncertainties.
Yes, the end of a love story always leaves so much sadness,
but how does it behave when the de facto relationship ends or a marriage ends
in separation or divorce and you find yourself with a temporary sub 820
visa.The Department clarifies that these changes in circumstances must be
communicated as soon as possible and without delay to their case officer.
In reality this is not only the most sensible thing to do,
but also a specific condition of your visa.It is important to know that this
communication will in some cases necessitate leaving the country, but do not be
afraid you will not be escorted to the airport by the Department the day after,
the procedure is a little more complex.
The only three conditions in which you can ask and get
permanent
Only in the following three limited circumstances will it be
possible to remain in Australia and obtain permanent residence if you are
already in possession of temporary residence despite the end of the report:
Family violence and abuse: in case the applicant
has been the victim of family abuse
perpetrated by the ex-partner towards him, you can still hope to obtain
permanent residence at the end of a complex process aimed at verifying the
truthfulness of the own statements;
· In the event that you have children and you
share custody of them, you can start a process aimed at obtaining permanent
residence
If our sponsor partner has died before
obtainingpermanent residence, you will still have the right to obtain
a visa. However, it will be necessary to prove to the Department that if
the sponsor had not died the relationship would not have ended.
The sponsor must immediately inform the Department that the
relationship is terminated or if it intends to withdraw its sponsorship before
the visa is defined. Once the sponsor informs the Department, he has no
further obligation.
The Department Requires an Official Letter Indicating The
Following Data
- · Sponsor name and surname;
- · Date of birth;
- · transaction reference number (TRN) or file reference number (FRN)
- · A statement that informs why you want to withdraw sponsorship
Furthermore, if the end of the relationship takes place
after the applicant has obtained a visa
and permanent residence, there is no requirement that needs to be
met. In fact it will be at the limit of a
question of civil law that does not directly involve the Department.
Often injured partners would like to see the permanent
residence of their ex, automatically removed or canceled at their request. However,
I remind you that once the residence has been granted it will not be revoked as
the love story has ended, except for those cases where the applicant has
obtained residence on the basis of false information.
After communicating the end of the report to the Department,
the same will contact the applicant and ask if there are any reasons to obtain
the residence anyway. You generally have 28 days to respond with motivation to
the Department. If you do not answer within the prescribed deadline you
must leave the country.
It is good to have a plan Bie projects for anAustralia student
visa, Skilled visa, etc. that will eventually allow us to stay in
Australia. For this reason I advise you to communicate as soon as possible the
end of the relationship in order to avoid complicating your situation with the
Department and to show that you are not honest.
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