820 relationship breakdown

[Vickia111]

Hi,

 

I submitted an onshore partner visa application in October 2014, the visa was approved in November 2015 in august 2016 I was invited to apply for my second stage and permanent residency. Unfortunately myself and my partner have decided to separate, we have tried for months to make things work. My question is what do I do now? I have an excellent job here working as a teacher in a primary school and I have held the job for 2 years. I know I would be eligible for 189 visa but want to stay in Australia while the visa is processed. Do I inform DIAC right away and then apply for 189 or do I apply for 189 then inform DIAC?

 

thanks.

Vicki

[Bungo]

Hi,

 

I submitted an onshore partner visa application in October 2014, the visa was approved in November 2015 in august 2016 I was invited to apply for my second stage and permanent residency. Unfortunately myself and my partner have decided to separate, we have tried for months to make things work. My question is what do I do now? I have an excellent job here working as a teacher in a primary school and I have held the job for 2 years. I know I would be eligible for 189 visa but want to stay in Australia while the visa is processed. Do I inform DIAC right away and then apply for 189 or do I apply for 189 then inform DIAC?

 

thanks.

Vicki

 

To be honest, I think the order of things is of no particular relevance - in that whether you tell immigration before or after the 189 is lodged you are still likely to be visa less for a period of time. You obviously cannot put off informing DIBP for too long, but on the other hand, I would leave it long enough to review your options and get your ducks lined up.

 

A consultation with a migration agent would be beneficial I feel as once DIBP are aware of the situation you are on borrowed time and probably not enough time for the 189 to come through.

[MaggieMay24]

If you have a 189 visa in process when DIBP get around to contacting you about potentially cancelling your 820 visa, it's quite possible they will let the 189 processing finalise without taking any further action regarding your partner visa. It would be worthwhile to consult a migration agent to see what other options or factors you may need to consider. But I'd get the process for the 189 kick-started immediately since the skills assessment may take some time and then you need to receive an invitation to apply for a visa, so you may still find the timing very tight.