457 Visa Defact - Spouse wants to leave

[Guest guest101307]

Hi There

I have been in Australia just over 4 years. A year on a holiday working visa and 3 years defacto with my partner who got sponsored on a 457 visa. We unfortunately have different ideas for our future he wants to leave Australia and I want to stay. We just can't come to agreement and it looks like we may part ways at the end of the current visa (next July).

I am not qualified for sponsorship (I do have a good job as an EA,but this is not something that would qualify me for sponsorship - a company tried when I was still on my holiday working visa but it fell through)

By the time our visa is up I will have been in Australia for nearly 5 years... worked solidly and set up a life for myself here! Is there any way I can stay? I don't think a student visa is appropriate as I can't afford to study and only work part time. Ideally also I do not want to visa hop! I love it here and would like to stay permanently.

Any advise on my options!?! Can I apply for any sort of permanent visa independently after such a long period of being here?!

Thank you in advance for any advice!!

[MandyPandy 10]

Surely you can apply for citizenship now, I think after 2 years

[SWMBO63 10]

Surely you can apply for citizenship now, I think after 2 years

 

The 457 is a temp visa.

You have to have 4 years for citizenship at the moment, with at least one year on a Pr Visa.

Edited September 3, 2014 by SWMBO63

[Pumpkin 1,269]

Hi There

I have been in Australia just over 4 years. A year on a holiday working visa and 3 years defacto with my partner who got sponsored on a 457 visa. We unfortunately have different ideas for our future he wants to leave Australia and I want to stay. We just can't come to agreement and it looks like we may part ways at the end of the current visa (next July).

I am not qualified for sponsorship (I do have a good job as an EA,but this is not something that would qualify me for sponsorship - a company tried when I was still on my holiday working visa but it fell through)

By the time our visa is up I will have been in Australia for nearly 5 years... worked solidly and set up a life for myself here! Is there any way I can stay? I don't think a student visa is appropriate as I can't afford to study and only work part time. Ideally also I do not want to visa hop! I love it here and would like to stay permanently.

Any advise on my options!?! Can I apply for any sort of permanent visa independently after such a long period of being here?!

Thank you in advance for any advice!!

 

Unfortunately, I am not seeing any options for you as you are not in an occupation on the CSOL. I am afraid that there is no visa you can qualify for on the basis of time spent in Australia alone. I honestly think the only thing you can do is to start to adjust your mindset and accept that your Australian adventure is coming to an end.

 

As an aside, it is weird that you have decided to split up in July next year? But you will be a couple until then?

 

 

Surely you can apply for citizenship now, I think after 2 years

 

 

Err no ... not even a permanent resident can get citizenship after two years.

[AJ 1,874]

Surely you can apply for citizenship now, I think after 2 years

 

Just noticed you have been told the same thing twice already so have deleted. I also think it is strange that you are now planning on a seperation next year. Wont it be a bit strange still living as a couple just now when you are thinking this way. What if there is no option for you to stay? Will you go back to the UK and continue as a couple as if you have never thought of a seperation?

Edited September 3, 2014 by AJ

[Quinkla 2,653]

One option - I don't know whether it would fly or not - could your partner apply for a skilled permanent visa with you as a de facto partner? If this were done now, your partner could still leave in July next year but leave you with the option of staying.

 

Alternatively, if you are not able to get a visa in your own right and your partner wants to leave, then you would have to leave Australia too but could still be with your partner.

[Guest guest101307]

One option - I don't know whether it would fly or not - could your partner apply for a skilled permanent visa with you as a de facto partner? If this were done now, your partner could still leave in July next year but leave you with the option of staying.

 

Alternatively, if you are not able to get a visa in your own right and your partner wants to leave, then you would have to leave Australia too but could still be with your partner.

 

Thanks all for the comments. I thought as much, my options are very limited if we do break up.

Pumpkin - It's not that we are 'planning' to break up next July. It's just that is when the visa ends and if looking at alternative options for myself July is a time frame for the current visa! (I like to know ALL my options and have a plan B!!!).

We are still together but no, not sure if it will last when we want such different futures. He wants to backpack and travel again indefinitely and I want to settle somewhere and make a home. So while we are faced with the dilemma of whether or not we will stay together I am just looking at my options visa wise should we end up breaking up.

[ElToro 10]

Sounds like a tough situation Larissa. Only option I can think will be to have some conversations with your employer - could they offer some 'flexibility' with your application/job description? Positioning you in sales/marketing could provide an opportunity to permit you to seek sponsorship.

 

There's always a way so think positive. If I listened to the doom and gloom merchants on here then I'd not be here in Oz right now. Good luck!

[Pumpkin 1,269]

Sounds like a tough situation Larissa. Only option I can think will be to have some conversations with your employer - could they offer some 'flexibility' with your application/job description? Positioning you in sales/marketing could provide an opportunity to permit you to seek sponsorship.

 

There's always a way so think positive. If I listened to the doom and gloom merchants on here then I'd not be here in Oz right now. Good luck!

 

So you mean lie on a visa application? Many companies will not want to do this because there are severe penalties.

 

The fact is, not everybody that wants to move to Australia (or stay in Australia) is able to do so. That isn't doom and gloom, it is simple fact.

 

If you have any legal suggestions, I am sure OP would love to read them.

 

 

ETA: I have just looked through your old posts and whilst I could not read every single one carefully, it seems like you have received nothing but advice from people on PIO for more than three years. Although you have made that rather ungrateful claim before, but I cannot see why. No, I think you are being a little cheeky here, coming for input for over three years and largely getting it, but yet you turn around and call the people that have tried to help you childish names. Another one for the ignore list I think.

Edited September 3, 2014 by Pumpkin

[ElToro 10]

So you mean lie on a visa application? Many companies will not want to do this because there are severe penalties.

 

The fact is, not everybody that wants to move to Australia (or stay in Australia) is able to do so. That isn't doom and gloom, it is simple fact.

 

If you have any legal suggestions, I am sure OP would love to read them.

 

 

ETA: I have just looked through your old posts and whilst I could not read every single one carefully, it seems like you have received nothing but advice from people on PIO for more than three years. Although you have made that rather ungrateful claim before, but I cannot see why. No, I think you are being a little cheeky here, coming for input for over three years and largely getting it, but yet you turn around and call the people that have tried to help you childish names. Another one for the ignore list I think.

 

 

Apologies Pumpkin - I agree that lying on an application form shouldn't be a consideration. My implication (although admittedly poorly worded) is that if she has a good relationship internally could there be opportunities for her to have be re-positioned in a different department, one where sponsorship could be possible. Now this may not be possible for a number of reasons but it's an idea worth considering.

 

As for PIO, I've definitely received a lot of help over the years. I've also had some blunt feedback telling me that my prospects were slim. I took all feedback on board, chose which feedback to pay more credence to, gave it my best shot and was successful in securing sponsorship.

 

Feel free to ignore me. All forums have their own personalities, it's impossible for everyone to agree with everyone. I didn't appreciate a lot of what I was told (which is my right) and you don't like things that I say (which is your right too). Don't take this as cheek - definitely not my intention and not something you should take personally.

[Guest guest101307]

Apologies Pumpkin - I agree that lying on an application form shouldn't be a consideration. My implication (although admittedly poorly worded) is that if she has a good relationship internally could there be opportunities for her to have be re-positioned in a different department, one where sponsorship could be possible. Now this may not be possible for a number of reasons but it's an idea worth considering.

 

As for PIO, I've definitely received a lot of help over the years. I've also had some blunt feedback telling me that my prospects were slim. I took all feedback on board, chose which feedback to pay more credence to, gave it my best shot and was successful in securing sponsorship.

 

Feel free to ignore me. All forums have their own personalities, it's impossible for everyone to agree with everyone. I didn't appreciate a lot of what I was told (which is my right) and you don't like things that I say (which is your right too). Don't take this as cheek - definitely not my intention and not something you should take personally.

 

 

Thanks again all! Sorry for disagreements between replies! I agree I don't want to do anything dodgy work wise, and I work for a large well known company who wouldn't do anything that wasn't above board ! I was thinking my only possibility might be that by next year I will have been in the company for nearly 4 years. When I first came to Australia I was told that if you don't have any formal qualifications that it is still possible to get sponsored by a company if you have been with them atleast 4 years. Something to do with the knowledge and experience you would have gained within that time could be invaluable compared to someone new filling your position.

 

Is this still applicable does anyone know? I know things change constantly and not sure it was correct in the first place!!

 

Thanks again for any advice!!