Cancel partner visa, apply for different visa

Hi guys,

I'm on a temporary partner visa (820) but my relationship has broken down.

I have developed a great life in Australia and would love to stay.

I intend to apply for the distinguished talent visa (858).

Im not sure how to go through the process though.

Should I cancel the partner visa then send the new visa application or do I need to apply first??

Many thanks for anyone who can help.

If you cancel the visa then you will have no rights to remain in australia. Every non citizen needs to have a visa.

You may be able to claim permanent residency if you have been on your temporary (820) for 2 years, or earlier under exceptional circumstances:-

1. the relationship breaks down and there is a child of the relationship

2. the relationship breaks down due to family violence.

So, if any of the above apply to you, then this is something that you can pursue.

I would recommend speaking to a registered agent in your particular case as you will need professional advice sooner rather than later. You can find an agent at http://www.mara.gov.au

Best of luck.

I believe that visa is very hard to get. I'd be getting a MARA agent for sure BEFORE contacting immigration.

I agree, that visa requires you to demonstrate "an internationally recognised record of exceptional and outstanding achievement in:

• a profession
  
• a sport
  
• the arts
  
• academia and research."
  

So, it's not enough to be a musician or a dancer or an academic, you have to be well-known internationally. Does that apply to you?

Thanks guys, I appreciate the responses.

As with lots of folk on here, I'm turning to forums because I simply can't afford a lawyer/migration agent.

Im quite on top of the visa application itself - I understand all the ins and outs, have spoken to many people who have done it and have a very good application put together.

It is an onshore visa application so it is designed for people who are already in Australia but not permanently.

I just can't figure out the order in which I should do the paperwork.

If I cancel the partner one I believe I will be given a certain amount of time to make further arrangements. If that is true I could apply for the 858 in that time window.

On the other hand I read somewhere that to apply for a substantive visa you already need to be on a substantive visa, in which case I should apply first then cancel the partner one.

So confusing!!

Thanks guys, I appreciate the responses.

As with lots of folk on here, I'm turning to forums because I simply can't afford a lawyer/migration agent.

Im quite on top of the visa application itself - I understand all the ins and outs, have spoken to many people who have done it and have a very good application put together.

It is an onshore visa application so it is designed for people who are already in Australia but not permanently.

I just can't figure out the order in which I should do the paperwork.

If I cancel the partner one I believe I will be given a certain amount of time to make further arrangements. If that is true I could apply for the 858 in that time window.

On the other hand I read somewhere that to apply for a substantive visa you already need to be on a substantive visa, in which case I should apply first then cancel the partner one.

So confusing!!

If you are no longer in the relationship then you should inform DIBP. When they cancel your visa you will have 28 days in which to leave the country.

Ideally therefore you should apply for the new visa before the old one is cancelled, but remember that your former partner is also supposed to tell DIBP that the relationship has broken down, so the timin gmay be out of your hands. Id' say a) speed is of the essence and b) talk to an agent, the talent visa is an unusual one and not many people on forums will have experience of it.

If you're ready to apply for the new visa, I'd probably do that and then immediately follow it with notification to DIBP that your relationship has broken down (since that's required). Depending on how quickly the new visa takes to process or how quickly DIBP gets to taking action on the notification regarding the 820, you may get your 858 before it becomes an issue. DIBP can be flexible at times if they see you have another visa in the works, so perhaps they'd hold off cancelling the 820 until the 858 has been decided.

You don't actually "cancel" the visa, you simply notify DIBP that your relationship has broken down and they will eventually get around to contacting you to advise you that you have 28 days to either provide information or they will then cancel it.

I've not seen much information regarding the 858, although I recall someone having an issue because their CO didn't feel there was enough information on the internet about them to classify them as internationally recognised.

Seriously, invest in a migration agent. Find the money.

We don't see that visa on these forums as it's for famous people, who generally have more money than needing to resort to a forum. It's a really hard one to get. What happens if you apply and are refused? There might be a better visa option out there for you which an agent could suggest.

Also, even if you have applied for another visa, when your current visa is cancelled then you will end up on bridging visa E which is not a good one to be on. You can't leave the country and can't work.

Thanks folks, the responses are hugely appreciated!

Unfortunately finding the money is never as easy as it sounds! Being recognised in a field of expertise is one thing, but sadly it doesn't necessarily follow that people start throwing money at you.

Anyway, it seems that applying for the new visa first is the way to go if possible.

Thanks again everybody, I'm very grateful for your help!

I don't know how long that visa normally takes (if you are eligible) but you are still not going to be able to work until it is granted.

Have you thought about looking for a company to sponsor you?

Unfortunately finding the money is never as easy as it sounds! Being recognised in a field of expertise is one thing, but sadly it doesn't necessarily follow that people start throwing money at you.

The distinguished talent visa has a lot of greyness about the eligibility. It is really intended for people who are rich and/or famous - although they can't quite say that in the rules. There are bits about having no difficulty in finding work and there's a clear intention that money would not be a problem. The idea is that the visa holder would be an asset to Australia in terms of money and/or prestige.

Thanks Quinkla. I've read a lot about the distinguished talent visa and have never come across anything that states or even implies that the applicant must be rich. Have you seen that written in any of the immigration materials?

Thanks Quinkla. I've read a lot about the distinguished talent visa and have never come across anything that states or even implies that the applicant must be rich. Have you seen that written in any of the immigration materials?

• would be an asset to the Australian community

• have no difficulty getting employment, or in becoming established independently in your field in Australia