lebourvellec 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? DIBP give 90 days .. The clock does not start tickng the day the relationship ended. It was the op, ex-partner and employers responsibility to inform DIBP regarding the break down of the relationship. If the op wants to remain in Australia they need to be pro active and fix the mess they are now in before their visa is cancelled. Link to comment Share on other sites More sharing options...
lebourvellec Posted October 9, 2014 Share Posted October 9, 2014 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. The new partner that is also on a 457 visa has no responsibility to Inform DIBP if they are now in a defacto relationship therefore there visa is not in jeopardy. Link to comment Share on other sites More sharing options...
Quinkla Posted October 9, 2014 Share Posted October 9, 2014 The new partner that is also on a 457 visa has no responsibility to Inform DIBP if they are now in a defacto relationship therefore there visa is not in jeopardy. I meant the old partner, not the new one. Sorry if that wasn't clear. DIBP give 90 days .. The clock does not start tickng the day the relationship ended. Indeed, the 90 days only starts when DIBP notify the visa holder. But the problem here os not the 90 days, it is that the relationship ended six months ago and both the primary visa holder and the OP have neglected to tell DIBP. That is a wilful breach of the visa conditions. Had it been a couple of weeks or a month, someone at DIBP might have been inclined to turn a blind eye - perhaps it could have been argued that everyone was waiting to see how the dust settled. But six months is waaaay too long. The OP is likely to get more sympathy by leaving voluntarily now and trying to do the right thing from offshore. IMO - happy if an agent or expert wants to offer a more informed opinion. Link to comment Share on other sites More sharing options...
lebourvellec Posted October 9, 2014 Share Posted October 9, 2014 I meant the old partner, not the new one. Sorry if that wasn't clear. Indeed, the 90 days only starts when DIBP notify the visa holder. But the problem here os not the 90 days, it is that the relationship ended six months ago and both the primary visa holder and the OP have neglected to tell DIBP. That is a wilful breach of the visa conditions. Had it been a couple of weeks or a month, someone at DIBP might have been inclined to turn a blind eye - perhaps it could have been argued that everyone was waiting to see how the dust settled. But six months is waaaay too long. The OP is likely to get more sympathy by leaving voluntarily now and trying to do the right thing from offshore. IMO - happy if an agent or expert wants to offer a more informed opinion. Not sure why the OP will require sympathy. There is procedures that need to be followed for cancelling visas regardless if the op, partner and employer did not follow procedures and inform DIBP in timely manner. Even if DIBP sought to cancel the visa without the 90 day period usually given the op could apply to MRT. But it to the OP initial question becoming an secondary applicant on a different partners 457, DIBP would request a lot of documentation to prove that this relationship is genuine and continuing. Best option would to seek 457 sponsorship themselves. Link to comment Share on other sites More sharing options...
Quinkla Posted October 9, 2014 Share Posted October 9, 2014 Not sure why the OP will require sympathy. There is procedures that need to be followed for cancelling visas regardless if the op, partner and employer did not follow procedures and inform DIBP in timely manner. Even if DIBP sought to cancel the visa without the 90 day period usually given the op could apply to MRT. The 90 days is a red herring. The risk is that DIBP would impose a bar on further visas if they believe the existing visa has not been complied with (and that they might also cancel the visa of the primary applicant). DIBP is mostly concerned with people who live and work in Australia when they are not entitled. If a secondary visa holder has voluntarily left and reported a breakdown in relationship there is less chance that anyone would want to look closely at dates because the issue of living and working in Australia is no longer live. Applying for any visa onshore unless it is a better visa (i.e. skilled independent permanent visa) is going to ring alarm bells - and the OP has already breached the existing visa badly enough that they would be banned if caught. An appeal to the MRT would not be successful, would cost money and would result in the OP becoming even more deeply attached to a country that he or she would not be able to live in. Link to comment Share on other sites More sharing options...
partychick Posted October 10, 2014 Share Posted October 10, 2014 Hi All, 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 if you have only been with new GIRLFRIEND 6 months how on earth do you think you'll get accepted for a PARTNER visa? you wouldnt even meet the criteria Link to comment Share on other sites More sharing options...
lebourvellec Posted October 10, 2014 Share Posted October 10, 2014 The 90 days is a red herring. The risk is that DIBP would impose a bar on further visas if they believe the existing visa has not been complied with (and that they might also cancel the visa of the primary applicant). DIBP is mostly concerned with people who live and work in Australia when they are not entitled. If a secondary visa holder has voluntarily left and reported a breakdown in relationship there is less chance that anyone would want to look closely at dates because the issue of living and working in Australia is no longer live. Applying for any visa onshore unless it is a better visa (i.e. skilled independent permanent visa) is going to ring alarm bells - and the OP has already breached the existing visa badly enough that they would be banned if caught. An appeal to the MRT would not be successful, would cost money and would result in the OP becoming even more deeply attached to a country that he or she would not be able to live in. The op is not currently on bridging visa E nor has section 48 bar imposed, or a 3 year ban on further temp visas. PR visas are not subject to a 3 year ban anyway. An MRT is obviously not going to be successful but there are other options that can be explored if the Op wants to stay in Australia rather than scaremongering people to get them out of Australia. Link to comment Share on other sites More sharing options...
lebourvellec Posted October 10, 2014 Share Posted October 10, 2014 if you have only been with new GIRLFRIEND 6 months how on earth do you think you'll get accepted for a PARTNER visa?you wouldnt even meet the criteria It is defacto on 457 visa which is 6 months of evidence which is required. Link to comment Share on other sites More sharing options...
Marisawright Posted October 10, 2014 Share Posted October 10, 2014 But can a 457 holder who's already here, add a partner once she's been in the country for some time? Also I'm not clear that the new girlfriend IS a 457 holder, I can only see a reference to the ex. Link to comment Share on other sites More sharing options...
partychick Posted October 11, 2014 Share Posted October 11, 2014 to me it sounds like your just trying to find a way to stay in the country. while alot of people out there genuinely want to live in australia and have to wait months on end, because of a back log because of people like you. Link to comment Share on other sites More sharing options...
blossom Posted October 11, 2014 Share Posted October 11, 2014 Agreed, it didn't sound like the new partner is on a 457, just the ex. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted October 11, 2014 Share Posted October 11, 2014 The OP mentions his new girlfriend is on a sponsored visa, but doesn't say which one. It may be a 457 but we can't know for sure unless he comes back with more information. A 457 holder can add a subsequent dependent if the employer sponsor agrees to extend the nomination. Link to comment Share on other sites More sharing options...
blossom Posted October 11, 2014 Share Posted October 11, 2014 But they still have to have been living exclusively as a defacto couple for six months. As soon as he shows he has done that he also shows he has broken his last visa conditions. Link to comment Share on other sites More sharing options...
Killara Posted October 11, 2014 Share Posted October 11, 2014 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. As others have said, and as you clearly already know (as you have indicated that you are worried about being kicked out of Australia), you have been in breach of your visa conditions for the past 6 months. Both you and your ex-partner were required to inform DIBP upon the breakup of your relationship. Of course it is clear that you did not inform DIBP when the relationship broke up because you did not want to be kicked out of Australia. I don't know why your ex-partner did not inform DIBP when the relationship broke up though - if your ex-partner had informed DIBP, she would be ok, she would still have been able to stay in Australia; only you would have had to leave. Maybe it was because she was hoping that you two may get back together again or maybe it was because she just didn't want to do that to you even though the relationship had broken down, or maybe she was just ignorant of her obligations to do so - but no matter what the reason, your ex-partner now risks being dragged down by you. Do you care that your ex-partner might also lose her visa because of you? In fairness to her, I think you should let her know that you are thinking about applying for another visa and that this could bring to light the fact that each of you have been in breach of your visa conditions. You risk dragging her down with you. If you don't care about that, then remember that when you make a subsequent visa application for your new defacto relationship, your ex could make claims to DIBP about your ongoing relationship with her, which could form the basis for a refusal on a new defacto visa application with your current girlfriend. I have a new girlfirend, she is on a sponsor visa As others have asked, what visa subclass? Is it 457? Or is it a permanent residence sponsored visa? This is an important question. However, in terms of being considered a defacto on your current girlfriend's visa, DIBP will not include any period during which you are on your ex-girlfriends' visa. Do you know if I can move from my current defacto visa to a new defacto Visa with my new girlfriend ? As others have already done, I would very strongly recommend that you speak to a registered migration agent / migration lawyer as soon as possible. Ideally with both your new girlfriend and your ex-partner, because you are all mixed up in this. At the very least, speak to the migration agent / migration lawyer with your new girlfriend and inform your ex-partner what you are intending to do. In your own best interests however, the migration agent / lawyer would prefer to speak to you, your ex and your current girlfriend, however - doesn't need to be all 3 of you at same time. Quite a few people in this thread have said that you are now in Australia illegally. This is technically not correct. While you have certainly breached your visa conditions, the visa has not yet been cancelled, and therefore you not considered to be illegally in Australia. However, as you have breached your visa conditions, your visa is subject to cancellation. Upon the cancellation of your visa, should you remain in Australia then you would be illegally in Australia. The fact that you have breached your visa conditions is something that of course could adversely affect any future visa application because the Department take in to account the extent to which a visa applicant complied with the conditions of any previous visa which they held. No I haven't spoken to a registered migration agent because I'm afraid to be kicked out of Australia You seem to be confused. Speaking to a registered migration agent / lawyer is not going to result in you being kicked out of Australia. Registered Migration Agents do not work for the Department. Information which you provide to registered migration agents is protected by requirements of client confidentiality. Information which you provide to a migration lawyer and advice which you receive from a lawyer is not only protected by requirements of client confidentiality but also protected by legal professional privilege. Without your express permission, neither you nor the lawyer can be required to disclose the contents of information given by you to the lawyer for advice nor the advice which you receive from the lawyer. A registered migration agent / lawyer will help you maintain lawful status in Australia. Link to comment Share on other sites More sharing options...
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