dazzmatazz Posted October 28, 2013 Share Posted October 28, 2013 I know someone who is in a spot of bother and its not a simple case. The sponsor has been issued with a 175 visa that has been activated but the couple are still in the UK and have not made the actual move to Aus. In the mean time the couple have applied for a de facto visa (309/100) and have been waiting for this to be issued before together making the actual move. A CO has been assigned and they are in the final parts of (what looks like) the 309 to be granted, I.E. medicals and police clearance requested and completed. However lets just say after 5 years there is now trouble in paradise, both do still want to move to Aus but it looks like the relationship may terminate. The sponsored individual has a qualification and is likely to be able to achieve the required points that could likely result in a 190 visa being issued. Questions, 1) if the couple move to Aus but somewhat independently after getting the 309 visa is this already a major problem that could cause issues? realistically would anyone look into this? 2) if a EOI is lodged and an invite granted would the new CO not start to look into the 309 visa and could this cause problems? The person wants to get to Aus as soon as they can but it would be silly to ruin possible chances of getting the 190 so all advice would be helpful. Link to comment Share on other sites More sharing options...
Sammy1 Posted October 28, 2013 Share Posted October 28, 2013 If they are no longer a defacto couple, then no, they obviously can't move to Australia independently of one another, this would be in breach of the visa. As for the rest, I have no idea. Link to comment Share on other sites More sharing options...
CollegeGirl Posted October 28, 2013 Share Posted October 28, 2013 If their relationship breaks down before they get PR (so, if they have to start with the 309, that's two years from their date of application for the 309) they are legally required to notify Immi when it happens and the person being sponsored would have to leave. Link to comment Share on other sites More sharing options...
CollegeGirl Posted October 28, 2013 Share Posted October 28, 2013 If, however, they apply for a 309 and can evidence that they've been de facto or married for three years or longer (or two years or longer, if they have a child together), they would go straight to a permanent residency visa, and once granted and validated a permanent residency visa is no longer dependent on relationship status. However, to apply for that visa knowing the relationship has already broken down would be migration fraud, and if found out would result in the PR being revoked (no matter how long it took to be found out), a ban on applying for a period of time, and possibly worse. Link to comment Share on other sites More sharing options...
Noshi510 Posted March 24, 2014 Share Posted March 24, 2014 If you dont mind Can I ask you some questions that might not be directly related to you , but the situation mentioned is helpful to some extent for my case. You mentioned that the sponsor only activated his/her entry and stayed back in UK with the partner and applied for offshore partner visa. Can you tell me if the visa is granted? If yes , the sponsor is not usually resident in Australia so was it possible? I will really appreciate if you can answer me on this. Thanks I know someone who is in a spot of bother and its not a simple case. The sponsor has been issued with a 175 visa that has been activated but the couple are still in the UK and have not made the actual move to Aus. In the mean time the couple have applied for a de facto visa (309/100) and have been waiting for this to be issued before together making the actual move. A CO has been assigned and they are in the final parts of (what looks like) the 309 to be granted, I.E. medicals and police clearance requested and completed. However lets just say after 5 years there is now trouble in paradise, both do still want to move to Aus but it looks like the relationship may terminate. The sponsored individual has a qualification and is likely to be able to achieve the required points that could likely result in a 190 visa being issued. Questions, 1) if the couple move to Aus but somewhat independently after getting the 309 visa is this already a major problem that could cause issues? realistically would anyone look into this? 2) if a EOI is lodged and an invite granted would the new CO not start to look into the 309 visa and could this cause problems? The person wants to get to Aus as soon as they can but it would be silly to ruin possible chances of getting the 190 so all advice would be helpful. Link to comment Share on other sites More sharing options...
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