Defacto break up

[alp85]

Hi

I am currently in Australia as a defacto partner to someone who holds a 457 sponsorship. I have been in Australia for 4 years now and on my partners visa for 2 years.

As he has been sponsored for over 4 years we have just completed our application for PR, all our paperwork has been submitted to our agent and are being reviewed. Unfortunately our relationship has just broken up and I am worried about what my next steps are.

 

Is there any way of me continuing with my PR application even though we are no longer together? All paperwork is done and submitted so it just seems unfair that at the last minute everything is taken away.

 

I have been trying to research my other options too. I am 31 years old, from the UK and I am a fully qualified Primary School Teacher although I haven't worked in this profession since I left the UK 4 years ago (apart from the odd casual teaching job). I have been working as a Cafe Manager for the past 3 years and my employers have said they will do whatever it takes to try and help me stay in Australia. They have offered to try and sponsor me if needed although I have heard that this is quite difficult in this job.

 

Im just really confused as to what my next steps should be and which route to go. I desperately want to stay in Australia and there must be something I can do as I have lived and worked here for a number of years now. Any advice greatly appreciated.

[Guest]

I'd say consult a reputable MARA registered migration agent and run your case past them. They should be able to help guide you.

[Marisawright]

Unfortunately there's no "must" about it. Just living in Australia doesn't give you any right to continue living in Australia. There are people who've lived in Australia for years on temporary contracts, it doesn't confer any advantage at all I'm afraid.

 

If your relationship has broken up and you don't tell Immigration, then you are taking a risk as the whole basis of your application is that you're a couple. If your ex-partner notifies them then you could be in trouble. You should contact a good migration agent immediately to find out how best to move forward - it will cost but it's your future you're talking about. There are several good agents on these forums.

 

As for your employer - it's all very well for them to say they're willing to sponsor you, but it sounds as though they don't know how the process works, so I wouldn't get your hopes up. I don't think cafe manager is eligible and even if it is, they would have to prove they can't find a local candidate to replace you (and it doesn't have to be someone who's as good as you, just someone who has the right qualifications).

[MaggieMay24]

Unfair to who? You aren't entitled to a visa if you aren't in a relationship with the primary applicant, and the primary applicant is obligated to notify DIBP of changes in circumstances such as the end of a relationship with a dependent applicant.

 

Your best option may be employer sponsorship, but if your employer hasn't done this before then it would be a good idea to speak with a migration agent for some guidance.

[ricco56]

As mentioned by others it is important that you seek professional advice on this matter.

 

The Legislation (subregulations 1.12(11) and 1.12(12)) has important provisions (for 186/187 visas) which define concisely when it is important for you to have a particular relationship status. Therefore you need to discuss with an agent as to precisely when the visa application was lodged and when you believe your de facto relationship ceased.

[Petals]

The wise thing to do would be to stick out the relationship till everything was sorted. After all you loved each other once, even when we break up there must be some respect and desire not to cause the other person adverse results of breaking up.

[Bungo]

As mentioned by others it is important that you seek professional advice on this matter.

 

The Legislation (subregulations 1.12(11) and 1.12(12)) has important provisions (for 186/187 visas) which define concisely when it is important for you to have a particular relationship status. Therefore you need to discuss with an agent as to precisely when the visa application was lodged and when you believe your de facto relationship ceased.

 

It has always been the understanding of myself and many others no doubt that the relationship needs to be ongoing at the time of visa grant. Are you suggesting this is not the case?

[ricco56]

It has always been the understanding of myself and many others no doubt that the relationship needs to be ongoing at the time of visa grant. Are you suggesting this is not the case?

 

Being a 'member of the family unit (MFU)' of the main (primary) applicant is a 'time of decision' criteria for the grant of 186 or 187.

Regulation 1.12 describes all of the circumstances which allow a person to qualify as an MFU.

 

Regulation 1.12 recognises that if an application for 186/187 has been lodged for a nominated position by an applicant who already holds a 457 visa, then the applicant's status at the time of application determines determines their current status.

 

Therefore a secondary applicant for 186/187 (TRT stream) who already holds a 457, and has been included in a valid application for a 186 or 187, and was included on the nomination application, then their status at the date of application is important to their eligibility.

 

Clearly the breaking up of any relationship is of concern, and if the couple mutually agree on the fact that the de facto relationship has finished (and they have reached agreement on a settlement and have established an 'end' date for the relationship) then this is a change of circumstances and should be reported to DIPB. This reporting satisfies the obligation to DIPB (under Section 104 of the Migration Act) but may or may not affect the outcome of the visa application depending on all of the circumstances of the applicants.

 

These are important issues and I would recommend that the applicant(s) seek independent professional advice.