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vegemight82

Partner Visa break up!

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Hi guys.

Long time lurker over many years, you guys have helped me out numerous times in the past.

I just want to ask, I couldn’t see anywhere in search bar, what’s the best thing to do if a partner visa couple breaks up?

Im originally from UK, she is Australian. We met in 2012, engaged in 2015 but have called it a day recently. I just wondered if there was a procedure I may need to do and how it effects me?

Argh! 😬

Any help or information is greatly appreciated.

Thanks guys.

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If you have your PR then I don't think you need to do anything - if you're still on a temporary visa then you would have to inform immigration of your relationship breakdown and this could potentially have an impact upon your application.  


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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Hi ali 

Ive been here 10 years now and in that relationship for 7 and was on a partner visa, I was just worried I had to inform/tell someone? 😬

There’s info online about Divorce/spousal abuse and children but couldn’t see much on pre-marriage.

Thank you 

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All depends whether you are on a temporary visa still or a permanent visa.

Do you know what visa you are on?


Timeline: 309/100 Sent 7/8/13, Money Taken 9/8/13, CO appointed 3/9/13. Med 3/12/13. Police check 4/12/13. VISA GRANTED 8/4/14, Subclass100. Recce August 2014. Arrived 30 July 2015.

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Hi Gbye

Yes was granted a Partner permanent in 2015 with the ‘must not arrive’ after 27 November 2020.

 

It does say;

please ensure you are aware that this visa will expire on the Stay Period date in the above table. Prior to this date, you must meet the residency condition in order to be eligible for a Resident Return Visa (RRV). If you intend on travelling outside of Australia after the respective Stay Period date in the above table, you should apply for a RRV before departing Australia. The five year RRV condition requires that you must have spent two of the last five years in Australia as a permanent resident or citizen.

 

If you cannot meet the residency requirement during the validity of your visa, we recommend that you approach our office for a consultation to find out your respective options. Please do thisno later than three months prior to the expiry of the Stay Period date.

 

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If you are in Australia and staying then it appears you don't have a problem.  If you leave you would need a RRV like anyone else.  Worth applying for Citizenship I think.

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PR (100) planning to move to Perth by then end of 2019!

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6 hours ago, vegemight82 said:

Hi Gbye

Yes was granted a Partner permanent in 2015 with the ‘must not arrive’ after 27 November 2020.

 

It does say;

please ensure you are aware that this visa will expire on the Stay Period date in the above table. Prior to this date, you must meet the residency condition in order to be eligible for a Resident Return Visa (RRV). If you intend on travelling outside of Australia after the respective Stay Period date in the above table, you should apply for a RRV before departing Australia. The five year RRV condition requires that you must have spent two of the last five years in Australia as a permanent resident or citizen.

 

If you cannot meet the residency requirement during the validity of your visa, we recommend that you approach our office for a consultation to find out your respective options. Please do thisno later than three months prior to the expiry of the Stay Period date.

 

Then no action is required.  You have permanent residency.

You only have to decide whether to apply for citizenship or simply retain your current status.

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Timeline: 309/100 Sent 7/8/13, Money Taken 9/8/13, CO appointed 3/9/13. Med 3/12/13. Police check 4/12/13. VISA GRANTED 8/4/14, Subclass100. Recce August 2014. Arrived 30 July 2015.

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8 hours ago, vegemight82 said:

Yes was granted a Partner permanent in 2015 with the ‘must not arrive’ after 27 November 2020.

It does say;

please ensure you are aware that this visa will expire on the Stay Period date in the above table. Prior to this date, you must meet the residency condition in order to be eligible for a Resident Return Visa (RRV). If you intend on travelling outside of Australia after the respective Stay Period date in the above table, you should apply for a RRV before departing Australia. The five year RRV condition requires that you must have spent two of the last five years in Australia as a permanent resident or citizen.

 If you cannot meet the residency requirement during the validity of your visa, we recommend that you approach our office for a consultation to find out your respective options. Please do thisno later than three months prior to the expiry of the Stay Period date.

 Although it's called a "partner visa", it's your personal visa and the breakup doesn't affect it AT ALL.  No need to tell anyone.

However, note that a permanent visa is only permanent if you stay in Australia.  That's what the "RRV" bit is all about.  You can stay in Australia forever, but if you want to travel in and out of the country, you need to apply for a "Resident Return Visa" - otherwise if you leave, they won't let you back in!

The other (and better) alternative is to apply for citizenship.  If you're British, you can keep your British citizenship too.  That gives you a lot more freedom - for instance, you might be tempted to return to the UK now, and having Australian citizenship will mean you can always move back to Australia in the future if you want to. 

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Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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Definitely apply for citizenship if you are eligible. You have a golden ticket. You’ve probably seen all these posts on this forum alone with people trying to get into Australia. You never know what the future holds, I personally think you’d be crazy to leave without getting citizenship first. 
If you leave, an RRV is not a given- at least after a while. You have to prove ties to Australia, don’t think you can leave and after 5 years apply for an RRV without issue. 
 

Sorry your relationship has broken down, but you hold a permanent visa, and it was gained honestly and lawfully. 
 

Good luck 

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Due to escalating bills and budgetary cuts in the NHS, unfortunately, the light at the end of the tunnel has had to be switched off.

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Wow, thank you guys.

This information has helped me a lot, I think I will go the citizenship route? 
 

Thanks again everyone, you are amazing.

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