Trial Separation on 457

[geef]

Hi,

 

My girlfriend and I came over 2 years ago on WHV's, and in August 2012 she was offered sponsorship (457) and I became her defacto.

 

We're going through a bit of a bad spell and are looking at a trial seperation of a month to see how we get on.

 

How will that affect the visa situation?

 

I understand that we have to inform DIAC if the relationship breaks down but we don't feel it has broken down yet and there's a chance everything will turn out ok.

 

Do we have to inform the DIAC about a trial seperation and would they consider that to be enough to cancel my defacto?

 

Also, if it doesn't work out and we inform the DIAC, what then happens to my working rights. I read that I then have 90 days to find a new visa or leave the country, am I still able to work during that period?

 

Appreciate any help, it's quite difficult finding information even if I am pretty good at Google!

 

Thanks

[Roxy1990]

Hi,

 

My girlfriend and I came over 2 years ago on WHV's, and in August 2012 she was offered sponsorship (457) and I became her defacto.

 

We're going through a bit of a bad spell and are looking at a trial seperation of a month to see how we get on.

 

How will that affect the visa situation?

 

I understand that we have to inform DIAC if the relationship breaks down but we don't feel it has broken down yet and there's a chance everything will turn out ok.

 

Do we have to inform the DIAC about a trial seperation and would they consider that to be enough to cancel my defacto?

 

Also, if it doesn't work out and we inform the DIAC, what then happens to my working rights. I read that I then have 90 days to find a new visa or leave the country, am I still able to work during that period?

 

Appreciate any help, it's quite difficult finding information even if I am pretty good at Google!

 

Thanks

 

 

Thats quite admirable that you what to be honest about your situation etc

 

Some might advise otherwise but I wouldn't bother telling DIAC that your having a trial separation.. whats the point?

 

Look at it this way... if you wanted to leave the country for a month, holiday it up and leave your partner here you wouldn't have to tell them so why would they be interested in knowing if your essentially having an argument and taking a breather? Its personal and not definiate so I think you should hold off until a decision has been made between you.

[ali]

Your relationship hasn't yet ended so i'd wait until you've had your separation before informing DIAIC. I'd take some advice from a migration agent regarding your visa situation if the worst happens and you do split up as it doesn't appear as if you are the main visa holder, unless you can get a visa in your own right.

[Rupert]

I also would not inform immigration unless it had broken down. I also suggest you clarify with an agent way your position is, there is 90 days to find a new sponsor if main applicant loses the job, I don't know what the rule is for relationship breaking down. It might still be 28 days.