Partner cancelled my Partner Visa

[mattm555]

Hi guys,

I’ve only posted in here a couple of times. Me and my girlfriend had been together for 4.5 years. She’s Australian and I’m English. She moved to the UK in 2015. Things were great and we decided to apply for a Visa. 

The application process happened extremely quickly, we were granted the Visa after 6 weeks. This meant our plans to move were happening a lot sooner than we expected. 

We left the UK in April 2018. I didn’t really think to much about the move, I didn’t have any leaving party, didn’t see friends before I left. I only cried when I got to the airport and said goodbye to my parents. Things became real. But we were travelling around Asia for 7 weeks which took my mind off it.

Towards the end of our holiday I started to get nervous. We arrived in Melbourne at the end of May. Winter was there which didn’t help my mood. We moved in with my partners Grandma which was fine but we both needed our own space. So we quickly started to look for an apartment. However, we were struggling to find something suitable which would fit our furniture which was being shipped. This caused lots of issues between us and we started to argue.

We both found jobs within a few weeks. I felt like I was being rushed into getting a job and ended up taking something which I felt was a big step back in my career, but the money was good so I took it.

We finally found an apartment in St Kilda, luckily this was a quiet part of the suburb but we quickly realised it wasn’t the safest area. We bought a brand new car and this got broken into 2 weeks later, then our mailbox was being opened every night by someone and letters stolen. Again all of these problems were causing issues in our relationship. I started to really dislike Melbourne.

Fast forward to March this year and I was finally starting to feel settled. I realised that I was homesick for the past 10 months. However, this and all the other issues had caused the relationship to change.

Anyway, we’re now at the end of March and we had a huge argument and decided to break up. My parents were visiting at the time of this, so we all moved into an AirBnB until my mum and Dad were leaving.

I left the country and went to stay with a friend in Kuala Lumpur until things settled down. I was trying to make contact during this time but she wouldn’t talk to me. Then I got a notification that someone had logged into my IMMI account. I asked her what she was doing and she said she had cancelled my Visa. 

Ive now has confirmation that the Visa has been cancelled and I’ve got 28 days to respond. But reading the letter I can’t respond if there’s no kids involved (which there isn’t) and no violence.

Do you guys know if there is anything else I can do?

I’m back in the UK at the moment and all my belongings are in Melbourne, the car I bought (however it’s in her name). 

Sorry for rambling.

Thanks

 

[newjez]

Is it a joint account? If not, isn't she committing a crime by logging onto your account?

[Tulip1]

If someone has logged into your account that’s fraud.  Not sure that has anything to do with your visa but if it was your partner they have committed an offence 

[mattm555]

Newjez and Tulip1 it’s the account I created under my name on the IMMI website. It’s a joint application so I don’t know if that makes any difference. 

When I left I left the iPad there and the password is saved. I’m guessing she only got the Visa application number as she told me she wrote a letter to the Immigration department. 

[Nemesis]

2 hours ago, mattm555 said:

Newjez and Tulip1 it’s the account I created under my name on the IMMI website. It’s a joint application so I don’t know if that makes any difference. 

When I left I left the iPad there and the password is saved. I’m guessing she only got the Visa application number as she told me she wrote a letter to the Immigration department. 

It can't be a joint application, as its for a Spouse Visa. You are the applicant, she is the sponsor. She can't apply for a visa as she is Australian. 

Nor can she cancel your visa, but she can notify Immigration that  she is withdrawing her sponsoirship due to the relationship ending. Had you been onshore you would've had 28 days to leave. Offshore, you get nothing. 

I would suggest speaking to an agent to at least get yourself back into the country to retrieve your belongings. However if she has withdrawn her sponsorship then thats the end of the Spouse Visa. 

[mattm555]

2 minutes ago, Nemesis said:

It can't be a joint application, as its for a Spouse Visa. You are the applicant, she is the sponsor. She can't apply for a visa as she is Australian. 

Nor can she cancel your visa, but she can notify Immigration that  she is withdrawing her sponsoirship due to the relationship ending. Had you been onshore you would've had 28 days to leave. Offshore, you get nothing. 

I would suggest speaking to an agent to at least get yourself back into the country to retrieve your belongings. However if she has withdrawn her sponsorship then thats the end of the Spouse Visa. 

Sorry, you’re right she emailed or wrote them a letter saying the relationship has ended.

I asked her not to rush into doing it as things might change and we get back together.

But that’s not going to happen now that she’s done that.

[Raul Senise]

Your partner cannot cancel your visa, they can only notify that the relationship has broken down, which it appears they have done.

It doesn't sound like your visa has been cancelled. It sounds like you have been given the opportunity to comment on whether it should be cancelled, which is standard practice.

If the relationship has ended, then the visa will be cancelled, unless there is a child, domestic violence has occurred or you reconcile.