PierrePaulJacques Posted October 8, 2014 Share Posted October 8, 2014 Hi All, I arrived in Australia one year ago with the defacto visa of my ex-partner, we broke up 6 months ago, My current sitution is that I'm working in Australia with the defacto Visa of my ex-partner, we don't live together anymore. I have a new girlfirend, she is on a sponsor visa Do you know if I can move from my current defacto visa to a new defacto Visa with my new girlfriend ? My question is : Is it possible to do this : - Move from a defacto Visa to a Student Visa - Wait 6 months - Move from student Visa to an other defacto Visa Thanks you very much for your help Link to comment Share on other sites More sharing options...
Sammy1 Posted October 8, 2014 Share Posted October 8, 2014 Did you tell immigration when you broke up with your partner six months ago? If not, then have you been here working and living illegally here since that time? If you try to apply for a new defacto visa this will become apparent. A defacto visa is really supposed to be for couples who are the equivalent of being married and not used for the purposes of boyfriend and girlfriend situations. Speak to a registered migration agent - and quickly. Link to comment Share on other sites More sharing options...
PierrePaulJacques Posted October 8, 2014 Author Share Posted October 8, 2014 Thanks Sammy1 for your prompt answer No I haven't spoken to a registered migration agent because I'm afraid to be kicked out of Australia We did a defacto visa with my ex-partner because it was serious we were together for 3.5 years before moving to Australia but 6 months ago we broke up, I'd like to stay in Australia so I'm looking for the best solution : - student visa - Sponsor Visa but I'm working in Marketing, it's very hard to get - Moving to a new defacto Visa I know that my ex-partner will have to wait 5 years before doing a new defacto If I break my defacto-Visa today, Do you know if in 6 months or 1 year I could apply for a new defacto Visa (with my new girl friend) or do I have to wait 5 years ? Thanks again for your help Link to comment Share on other sites More sharing options...
Sammy1 Posted October 8, 2014 Share Posted October 8, 2014 Thanks Sammy1 for your prompt answer No I haven't spoken to a registered migration agent because I'm afraid to be kicked out of Australia We did a defacto visa with my ex-partner because it was serious we were together for 3.5 years before moving to Australia but 6 months ago we broke up, I'd like to stay in Australia so I'm looking for the best solution : - student visa - Sponsor Visa but I'm working in Marketing, it's very hard to get - Moving to a new defacto Visa I know that my ex-partner will have to wait 5 years before doing a new defacto If I break my defacto-Visa today, Do you know if in 6 months or 1 year I could apply for a new defacto Visa (with my new girl friend) or do I have to wait 5 years ? Thanks again for your help You have a serious issue here and really need to speak to a migration agent/lawyer immediately for help. Link to comment Share on other sites More sharing options...
VERYSTORMY Posted October 8, 2014 Share Posted October 8, 2014 You need urgent proffessional advice as any new visa application is likely to bring up the fact you are an illegal immigrant at present. Not only will this potentially mean no visa, but a ban from Australia and deportation. I would speak to a good agent now. Try Go Matilda. Link to comment Share on other sites More sharing options...
Cez Posted October 8, 2014 Share Posted October 8, 2014 Exactly which visa did you come over on? Was it the 309 partner visa? if you've been sponsored as a partner, you are also subject to a five year wait until you can be sponsored again, unless there are extenuating circumstances which it sounds like there aren't. Link to comment Share on other sites More sharing options...
Guest Posted October 8, 2014 Share Posted October 8, 2014 Which partner visa type do you have? The 309 or the 100? If you have TR or PR will make a difference. Link to comment Share on other sites More sharing options...
Guest Posted October 8, 2014 Share Posted October 8, 2014 Or were you on the de facto of another visa type? Please give the number. Link to comment Share on other sites More sharing options...
PierrePaulJacques Posted October 8, 2014 Author Share Posted October 8, 2014 Or were you on the de facto of another visa type? Please give the number. I am on a de facto visa, my ex-partner has a 457 visa. Link to comment Share on other sites More sharing options...
PierrePaulJacques Posted October 8, 2014 Author Share Posted October 8, 2014 Thank you guys for all your answers, I'm attached to the Visa 457 of my ex-Partner Maybe I could wait one more year with this Visa and then apply to the Permanent Residency ? Link to comment Share on other sites More sharing options...
Sammy1 Posted October 8, 2014 Share Posted October 8, 2014 Thank you guys for all your answers, I'm attached to the Visa 457 of my ex-Partner Maybe I could wait one more year with this Visa and then apply to the Permanent Residency ? The problem is that your current visa is no longer valid as you are not with your ex partner. You cannot apply for PR in a year's time. Seriously, consult a migration agent to determine your best option as you are here illegally now. Link to comment Share on other sites More sharing options...
blossom Posted October 8, 2014 Share Posted October 8, 2014 So you are not on a partner visa at all! Your ex wasn't sponsoring you. You are now here illegally. You can't apply for a partner visa as officially you are with your ex! You need to PAY a good agent for advice. You've got yourself in a really bad situation. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted October 8, 2014 Share Posted October 8, 2014 Since you're already in breach of your visa conditions, you should speak with a migration agent to see what options you may have. You and/or your partner should have notified DIBP immediately when your relationship broke down. Link to comment Share on other sites More sharing options...
Quinkla Posted October 8, 2014 Share Posted October 8, 2014 I wouldn't waste money on a migration agent. You are in Australia illegally and you need to leave. You cannot move onto another visa as it will be apparent that you are here illegally. The moment you apply for a visa (unless it is as a skilled permanent resident visa in your own right) it will set alarm bells ringing so loud you wouldn't be able to hear yourself think. I suspect your best option might be to tell DIAC your relationship has broken down - no need to be specific about dates, leave immediately and then apply offshore for a prospective marriage visa. Link to comment Share on other sites More sharing options...
Sammy1 Posted October 8, 2014 Share Posted October 8, 2014 I wouldn't waste money on a migration agent. You are in Australia illegally and you need to leave. You cannot move onto another visa as it will be apparent that you are here illegally. The moment you apply for a visa (unless it is as a skilled permanent resident visa in your own right) it will set alarm bells ringing so loud you wouldn't be able to hear yourself think. I suspect your best option might be to tell DIAC your relationship has broken down - no need to be specific about dates, leave immediately and then apply offshore for a prospective marriage visa. His current girlfriend is on a 457, that means there is no guarantee of PR anyway. Not sure that prospective marriage visa is the way to go, that's why it is better for him to consult someone who is professionally able to help him. Link to comment Share on other sites More sharing options...
Alant Posted October 8, 2014 Share Posted October 8, 2014 I know this doesn't help but I hope your username isn't your real name as I wouldn't be publicly broadcasting on a public forum that anyone, including DIAC, can access and view that you are currently (& knowingly) breaching your visa conditions and are planning to do so for another year! Good luck with your attempts to stay (legally) in Australia. Link to comment Share on other sites More sharing options...
Quinkla Posted October 8, 2014 Share Posted October 8, 2014 Not sure that prospective marriage visa is the way to go, that's why it is better for him to consult someone who is professionally able to help him. Can you see any other obvious alternative? Link to comment Share on other sites More sharing options...
Sammy1 Posted October 8, 2014 Share Posted October 8, 2014 Can you see any other obvious alternative? No, but then I am not a migration agent/lawyer. The OP is here illegally and needs to take professional advice. Link to comment Share on other sites More sharing options...
rosiew Posted October 8, 2014 Share Posted October 8, 2014 I would have thought quietly getting on a plane and leaving was the best option.......... Link to comment Share on other sites More sharing options...
Quinkla Posted October 8, 2014 Share Posted October 8, 2014 I will be frank - this is the position my (now) wife found herself in in the UK. On an accompanying spouse visa, marriage broken down and wished to live with me (I wasn't responsible for breaking up the marriage). After asking around (and I know the UK and Australia do not have identical laws) she was told the only way to stay legally was if she could demonstrate domestic violence - which had absolutely not happened ever. So, she did the quietly leaving on a plane. The end result was that I decided to move to Australia on a prospective marriage visa, we then got married, I got permanent residence and am due to get citizenship next month. So doing the right thing can have a happy ending, even if it might not be exactly the ending you envisage right at the moment. Link to comment Share on other sites More sharing options...
Marisawright Posted October 8, 2014 Share Posted October 8, 2014 You never had a partner visa or de facto visa, you came out as part of your ex-partner's 457 visa, which allowed her to bring family. What is the status of your current girlfriend? If she is also on a 457, she can't sponsor you - that's only possible for citizens and permanent residents. And she won't be able to vary her 457 to include you, either. Even if she is a citizen or PR, there's a snag. I'm not sure if the five year rule applies to you - but the one year rule certainly will. You'll have to be with your current girlfriend for 12 months before she can sponsor you. If she applies, and gives the real date you got together, as far as Immigration is concerned you were still with your ex at that time. They will ask the question. If you say you were still with your ex, they'll say it doesn't count as a "committed relationship" if you were two-timing. If you say you'd split up, they'll say you were in breach of visa conditions and they don't grant new visas to people who already have a record of breaching visas. So, you'll have to get yourself a student visa - if you can do so without alerting Immigration to your situation - and then your new partner will need to choose a date after the grant of your student visa as the starting point. So that means you'll need to be a student for 12 months, not 6. I would get on a plane quietly if I were you - if they find out you're here illegally,you could get banned from getting an Australian visa forever. Link to comment Share on other sites More sharing options...
Quinkla Posted October 8, 2014 Share Posted October 8, 2014 So, you'll have to get yourself a student visa - if you can do so without alerting Immigration to your situation - and then your new partner will need to choose a date after the grant of your student visa as the starting point. So that means you'll need to be a student for 12 months, not 6. Given that the terms of a student visa are less advantageous than for a 457, it will set alarm bells ringing. If DIAC then asks questions, you and others may be forced into a choice of telling untruths or admitting having been in Australia illegally. If people tell untruths, it could come to light even many years later and could leave you or others open to blackmail or revenge. Link to comment Share on other sites More sharing options...
lebourvellec Posted October 8, 2014 Share Posted October 8, 2014 I would speak to a registered migration agent. If you are a secondary applicant on a 457 visa you have 90 days to find new sponsor or leave Australia. If you work in marketing the easiest option would be to try to get your current employer to sponsor you for your own 457 visa. Link to comment Share on other sites More sharing options...
scattley Posted October 9, 2014 Share Posted October 9, 2014 I would speak to a registered migration agent. If you are a secondary applicant on a 457 visa you have 90 days to find new sponsor or leave Australia. If you work in marketing the easiest option would be to try to get your current employer to sponsor you for your own 457 visa. The 90 days has already well and truly passed. The first thing immigration will do is contact your partner (ex partner) to find out the date your relationship ended....are you positive they will lie for you? Link to comment Share on other sites More sharing options...
Quinkla Posted October 9, 2014 Share Posted October 9, 2014 The 90 days has already well and truly passed. The first thing immigration will do is contact your partner (ex partner) to find out the date your relationship ended....are you positive they will lie for you? I'm afraid both partners' visas are in jeopardy - each had an obligation to notify DIBP of the changed circumstance. I would be more concerned about an ex partner initially lying and then confessing when back in the UK out of spite. Link to comment Share on other sites More sharing options...
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