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De facto visa and break up


Stokie

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Hello all,

 

Can anyone give some advice please.

Myself and partner came out on a temporary 457 visa, I was sponsored by an employer and she was attached to my visa. The relationship has broken down. She has moved out, cancelled joint accounts and posted to Facebook that she is single.

I have no animosity towards her and am not looking to cause her trouble BUT the conditions of the visa have changed (and this can be evidenced by the lease agreement/bank account etc.). IMMI say you must notify them immediately or the visa can be cancelled. I have planned to work here for a minimum of two years and do not want to have my visa cancelled for not notifying IMMI/DIAC. I also don't want to make them aware and have her given the 28 days to leave/find an alternative visa.

Sounds very selfish but i'm looking out for myself and the job position I hold. The relationship has ended badly and her moving out left a lot of destruction that I am still cleaning up.

 

Has anyone been through this or know of anyone who has. Can anyone suggest what to do - best I've managed so far is to tell her what I am thinking (as posted here) which went down like a lead balloon and suggest she speaks to a specialist.

 

Any help at all is appreciated,

Stokie

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I thought it is her will lose her ticket in your visa. You won't lose it. But you must notify them immediately that you are no longer a couple and have separated.

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You will not loose your visa if you inform immigration about your change of circumstances..she will. If you do not notify immigration however, and they find out (i.e. if your employer notifies them) then you will be in trouble...so please notify them about your change of status.

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Hello all,

 

Can anyone give some advice please.

Myself and partner came out on a temporary 457 visa, I was sponsored by an employer and she was attached to my visa. The relationship has broken down. She has moved out, cancelled joint accounts and posted to Facebook that she is single.

I have no animosity towards her and am not looking to cause her trouble BUT the conditions of the visa have changed (and this can be evidenced by the lease agreement/bank account etc.). IMMI say you must notify them immediately or the visa can be cancelled. I have planned to work here for a minimum of two years and do not want to have my visa cancelled for not notifying IMMI/DIAC. I also don't want to make them aware and have her given the 28 days to leave/find an alternative visa.

Sounds very selfish but i'm looking out for myself and the job position I hold. The relationship has ended badly and her moving out left a lot of destruction that I am still cleaning up.

 

Has anyone been through this or know of anyone who has. Can anyone suggest what to do - best I've managed so far is to tell her what I am thinking (as posted here) which went down like a lead balloon and suggest she speaks to a specialist.

 

Any help at all is appreciated,

Stokie

 

You and / or your employer should notify immigration. That is not being sneaky, it is your obligation. You have told her you are going to do it, when you have done so, I would tell her that you have done it as well, as a courtesy.

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She knew before leaving that this would be the result. We are all victims of our choices, she appears (from your post) to have made that choice, she must live with the consequences. On a personal note, if you feel the need to be polite. I would politely, and simply advise her it is your duty to inform them, however you will give her an extra week to start thinking about arrangements before you do so.

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She knew before leaving that this would be the result. We are all victims of our choices, she appears (from your post) to have made that choice, she must live with the consequences. On a personal note, if you feel the need to be polite. I would politely, and simply advise her it is your duty to inform them, however you will give her an extra week to start thinking about arrangements before you do so.

 

I don't think he should give her an extra week. You are supposed to notify them immediately. Failure to do so could have serious implications. Given she has already moved out and address change etc taken place, I think the OP has delayed long enough.

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May I also humbly suggest you take down your running photos from the site. It took me all of two minutes to find out your finish time (and lots of etcetera). If things are going to get tricky in your personal life, best to take all protection you can.

 

Just saying. I'm not a stalker, it's my job :)

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It gets worse. She is now applying for her own visa and this can take up to 10 weeks for a skills assessment and other things before she can then apply for the visa?? I've had her father on the phone telling me to stay quiet, keep my mouth shut and let her get sorted and her brother in Brisbane doing the same and threatening to get my visa cancelled too? Because I am abusive to her - God knows how. A web of tales is being spun. I told my employer today what was happening and they suggested that I speak to a lawyer, which is what I will do. Surely if she is planning to apply for a visa then this will flag up a change in circumstances and jeopardise things for her? WHAT A MESS!!

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Tell your employer to notify immigration about your change of circumstances. It is their duty to do so. Then you can say it was out of your hands.

 

she can still apply for her visa but may have to go back to the UK to do so. She will still have 90 days from when immigration notify her to leave. That in itself could take a few weeks.

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It gets worse. She is now applying for her own visa and this can take up to 10 weeks for a skills assessment and other things before she can then apply for the visa?? I've had her father on the phone telling me to stay quiet, keep my mouth shut and let her get sorted and her brother in Brisbane doing the same and threatening to get my visa cancelled too? Because I am abusive to her - God knows how. A web of tales is being spun. I told my employer today what was happening and they suggested that I speak to a lawyer, which is what I will do. Surely if she is planning to apply for a visa then this will flag up a change in circumstances and jeopardise things for her? WHAT A MESS!!

 

if she's eligible for skilled migration then she would be eligible to find her own sponsor for 457, and apply for PR if that's what she wants to do.

 

It's really up to her to sort her own mess out that she's made. You and your employers responsibility is to inform DIBP about change in circumstances.

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Thank you rammygirl. I told them this morning - they were unsure how to act, but at least I have told my employer. Spoke with an agent on the phone just as well and he said that I shouldn't get in lots of trouble if I allow her time to start her own visa application but that as soon as its lodged I need to contact immigration. Honest - I don't want to make things tough for her but I really don't want to jeopardise myself. STRESS.

Thank you for your comment,

Stokie

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Inform immigration you are no longer a couple. You are risking your own visa by not doing so. Her applying for her own visa will flag up your own and could put it at risk. Save all voicemails, emails and anything else from her family that threaten you so you have proof.

 

Block those numbers from her family. Or better yet, change your mobile number.

 

But notify immigration now . I cannot stress this enough.

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Hmm if an agent has said that I'd feel a bit better but would perhaps seek a second opinion to be safe.

 

Personally I'd ask work to inform now and leave it at that. Her tough luck.

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The fact that her family is threatening you would make me want to inform immigration. If they are not playing nice why are you? She obviously knows they have done this. As someone said before she would have known that her visa was at risk but she chose to leave so up to her to sort her mess out. I would not risk my own visa, what happens if you want to apply for PR and they find out you have not disclosed this to immigration?

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You are obliged to tell DIBP immediately of any change in circumstances. If you are not doing so, you are leaving yourself open to blackmail and threats by those who do not have your best interests at heart.

 

As for your ex-partner, it sounds as though she already has a strategy in place so I wouldn't worry about her. Talk to DIBP now.

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Agree with snifter....once she puts in her own application it will flag as YOU not notifying them of a change in circumstances. You need to notify immigration now...yes your employer may have done it but it they have not and she submits an application YOU are the one who has not done the right thing and yes, your visa may be the one affected. Its only a phone call - make it

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