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Guest coolpie

Relationship Visa break down - residency?

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Guest coolpie

Hello all,

 

I have been in Australia almost 4 years now going through the partner visa with my girlfriend. I have been granted a partner visa and the next step was to apply for permanent residence when i hit the 4 year mark. Problem is, my girlfriend broke up with me :( Now im worried about what im going to have to do! I have a secure job and lots of possessions friends and basically an established life here. Im i going to have to go back to UK?? Or is there anyway i can get permanent residency? I really don't know what to do. Anyone that could be of help would be awesome :)

 

Im only 3 weeks away from being here 4 years...

 

Thanks

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Welcome to PIO

 

It you be best for you to speak to a Registered Migration Agent as soon as possible to go through your options. But if the relationship has broken down it is unlikely you will get your PR this was.

 

But you may be able to get sponsorship from your company, or are you eligible for General Skilled Migration?

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Guest GeorgeD

Which visa do you have?

 

The Spouse Visa is either Permanent to start with, or you receive a Temp visa and are reassessed for Permanent Residency after 2 years. You can become a Citizen after 4 years of residency. Once you become a PR, your relationship can breakdown and your are still a PR.

 

To be clear, this relates to the Spouse Visa Subclasses 100/309/801/820....and no other visa. If you were a secondary applicant on a different visa subclass then ignore my advice.

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Guest coolpie

I don't think im eligible for a skilled migration as my workplace doesn't seem to fit the requirements for skilled migration. Although they said they would be willing to write recommendations but i dont think that would be enough. I read somewhere that if you have been in Aus for 4 years you can apply for permanent residency? But i assume i wont be able to do that now. I literally have a house full of stuff, a car, a job...

 

I would love to stay in this country as i have nothing for me in UK any more. I was hoping there would be some success stories but i haven't found any yet :(

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Guest GeorgeD
I don't think im eligible for a skilled migration as my workplace doesn't seem to fit the requirements for skilled migration. Although they said they would be willing to write recommendations but i dont think that would be enough. I read somewhere that if you have been in Aus for 4 years you can apply for permanent residency? But i assume i wont be able to do that now. I literally have a house full of stuff, a car, a job...

 

I would love to stay in this country as i have nothing for me in UK any more. I was hoping there would be some success stories but i haven't found any yet :(

 

Which visa are you currently on...this is really, really important.

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Guest coolpie

^ im on the temporary spouse visa. I have been granted one for 2 years and the next stage was to apply for PR, but obviously you need a statement from your girlfriend which i can no longer get...

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Guest coolpie

It was the 820 subclass i beleive

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Guest GeorgeD
^ im on the temporary spouse visa. I have been granted one for 2 years and the next stage was to apply for PR, but obviously you need a statement from your girlfriend which i can no longer get...

 

Ok, there are circumstances which can mean you are still allowed to remain in Oz despite the relationship breaking down. This is far from easy to do, and you would be strongly advised to seek professional help from a Registered Migration Agent. If you have children together, for example, you may be able to remain anyway. There are other circumstances, but you need help assistance.

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Guest coolpie

Ok, do you mean like compassionate circumstances? e.g my job and life here

 

I don't have any kids so that option is out. Is there an agent you can recommend maybe? I have so far done all visa processing myself

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Guest GeorgeD
Ok, do you mean like compassionate circumstances? e.g my job and life here

 

I don't have any kids so that option is out. Is there an agent you can recommend maybe? I have so far done all visa processing myself

 

Yes, basically if you meet certain criteria you may be able to remain as if your relationship had continued for the full 2 years. As I said before, this isn't easy to do, but it may be possible. Any registered agent should be able to assist you. Have a look around the forum to see some who post here. Generally speaking I believe all of the agents whe regularly post here have received good feedback from members. I haven't used an agent, so can't recommend one personally.

 

There may be other routes such as skilled migration, soo don't forget to investigate those also.

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Guest coolpie

Ok, thanks for advice

 

I dont think i can do a skilled visa as i lack the qualifications or 'skill' so to speak. Ill ask the migration agents on this forum...

 

I have a bad feeling about this, something tells me ill be sent back to UK which is a pretty scary feeling. Nonetheless, ill keep trying...

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Guest hels

If youve been in Oz for 4 years on a spouse visa i dont know how you are not PR.

im in the process of getting my PR and you apply for that 2 years after youve lodged the first visa so normally 18 months after youve got your temp visa.

After 4 years in oz you can then apply to be a citzen :)

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Guest GeorgeD
If youve been in Oz for 4 years on a spouse visa i dont know how you are not PR.

im in the process of getting my PR and you apply for that 2 years after youve lodged the first visa so normally 18 months after youve got your temp visa.

After 4 years in oz you can then apply to be a citzen :)

 

That's what didn't sound right to me too...I suspect it was just the way the OP worded their question...I now think they meant they have been in Oz for almost 4 years, some of which was on some other visa, but most recently they have been on the 820 Onshore Temp Spouse Visa...but not long enough to have been granted the 2nd stage 801 PR.

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Guest hels

I *think* that if youve lived here for the 4 years regardless of which visa you can then apply to be a citizen though, maybe look into that side of it just in case :)

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Guest GeorgeD
I *think* that if youve lived here for the 4 years regardless of which visa you can then apply to be a citizen though, maybe look into that side of it just in case :)

 

Not quite...you need to have been a resident for 4 years, at least 12 months of which need to have been as a Permanent Resident. If the OP hasn't been a PR for 12 months then Citizenship isn't an option...it's try and argue extenuating circumtances in the Spouse Visa Process, or find a completely different route (skiled, etc) I think.

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I *think* that if youve lived here for the 4 years regardless of which visa you can then apply to be a citizen though, maybe look into that side of it just in case :)

 

I wish. I've been here 4.5 years and don't even have pr yet.


Has two beautiful Aussie little girls :-)

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Yes, basically if you meet certain criteria you may be able to remain as if your relationship had continued for the full 2 years. As I said before, this isn't easy to do, but it may be possible. Any registered agent should be able to assist you. Have a look around the forum to see some who post here. Generally speaking I believe all of the agents whe regularly post here have received good feedback from members. I haven't used an agent, so can't recommend one personally.

 

 

 

Other than if there are children, what are the circumstances you refer to? This sounds like providing false hope to me, if DIAC were relaxed about this there would be no temporary stage in the first place, everyone would go straight to PR.

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Hi there, sorry to hear about your problems. I've just gone through the second stage on the partner visa process, I think you really need to think about talking to a professional migration agent, don't rely on an internet forum like this for such important information.

 

As far as I remember, the only reasons that DIAC might give you permanent residency if your relationship ends would involve children or domestic abuse. I could very possibly be wrong though!

 

You might want to ask your employer if they could sponsor you?

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Other than if there are children, what are the circumstances you refer to? This sounds like providing false hope to me, if DIAC were relaxed about this there would be no temporary stage in the first place, everyone would go straight to PR.

 

I believe domestic violence is also included, but I doubt there is anything the op can use.

 

Is there no chance you can convince her to have another try??


Has two beautiful Aussie little girls :-)

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I believe domestic violence is also included, but I doubt there is anything the op can use.

 

 

Agree, children or domestic abuse.

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Guest GeorgeD
Other than if there are children, what are the circumstances you refer to? This sounds like providing false hope to me, if DIAC were relaxed about this there would be no temporary stage in the first place, everyone would go straight to PR.

 

Sorry, I don't see how I've been providing any false hope...to summarise my input:

 

 

 

  • I strongly suggested the OP contact a Registered Migration Agent for advice as this is a very complicated area and they would need help. Twice

  • I've said it may be possible in certain circumstances to continue down the partner route. (I think I put the word may in italics twice for emphasis) Having kids and domestic violence are two relatively clear situations. The death of a partner also allows for PR to be obtained but that isn't relevant here. An agent with much more experience than any of us amateurs here would have much better advice - let's call this the third time I've suggested this!

  • I said it is going to be far from easy to be successful going down this route. Twice

  • I suggested the OP should also look at other routes such as skilled migration as there is no guarantee of success in the partner route. Twice

  • I've explained that the OP isn't likely to be eligible for citizenship as they haven't been a PR for 12 months.

 

 

I'm not really sure what false hope I've given here...I also didn't really want the OP to have to explain their domestic situation to us strangers here on a forum...who knows, maybe domestic violence has been involved?? Either way, the best strategy is to consult with a Registered Migration agent (fourth time) to see what options, if any, are open.

 

For the avoidance of doubt, I think the OP may have great difficulty in remaining in Australia going forward. I, like the majority of us here, am not qualified to give them the best advice for their situation. What I can say with some degree of confidence is that they will have a higher chance of success finding a way forward with the professional help of an agent than without it (fifth time), but it is NOT going to be easy (third time)

 

And at no point did I suggest not to worry it will all be fine.

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Most agents I have used for anything complicated (even not complicated) haven't had a clue. Even ones people think are great on forums. The agent will just say the same as we have. Except there will be no 'may', it will be a no.

 

Options to stay, make it up with girlfriend.

Whv if young enough and hasn't had one.

Student visa

 

That's it if skilled visa is not an option (and I have had many agents tell me it is when it wasn't, probably just to try to get money out of me).


Has two beautiful Aussie little girls :-)

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Most agents I have used for anything complicated (even not complicated) haven't had a clue. Even ones people think are great on forums. The agent will just say the same as we have. Except there will be no 'may', it will be a no.

 

Ouch! As a Registered Migration Agent who specialises in Family cases, I like to think I have a clue about the above.

 

After the breakdown of a relationship, there are very limited pathways to continue to the permanent Partner visa and these have already been outlined - Australian Citizen children or Family Violence. You cannot make a claim based on close ties or compassionate circumstances, so I must say no - if the relationship simply ended, you will not be able to proceed to the permanent Partner visa.

 

I really suggest that anyone in this situation speaks to a Migration Agent who can assess their eligibility for all visa options, and can provide guidance in the instance that family violence has occurred.


Christel Dajcz

Registered Migration Agent (MARN) 1066568

AMVL Migrations

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As Blossom79 has said, is there no way you can work things out? If things are still amicable, seems a shame that you can't help each other out given the timing!

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