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HG1987

End of Relationship with Skilled Visa

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hi all,

I have been granted a permanent skilled visa a few weeks back, in which my partner was a secondary applicant. We have been struggling for some time, and are considering ending the relationship. If this finally happens, do I have to notify the Dep of Home Affairs? I see that the form in their website (Your relationship has ended (homeaffairs.gov.au)) does not include our case (skilled permanent visa already granted).

Also I realise that the timing may look funny, with the relationship ending shortly after being granted a permanent visa. Is it possible that the DHA will want to verify the relationship was legitimate?

thanks!

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If it's a 189 or a 190, then although one of you was a secondary applicant, when it's awarded you each get an individual, totally independent visa that continues even if you separate. 

So no, you don't need to notify anyone.


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

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The timing might look odd especially if your partner (the secondary applicant) subsequently emigrates and you don't, but the process is that the DHA verifies the relationship before the visa is issued not afterwards. Inevitably some relationships will break down (in some cases it's the stress of emigrating that breaks them) and the DHA will not be phased by it.

As you've already discovered (from the lack of a space on the form) you don't need to notify where a skilled permanent visa has already been granted.


Chartered Accountant (England & Wales); Registered Tax Agent & Fellow of The Tax Institute (Australia) www.kbfayers.com

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55 minutes ago, Ken said:

you don't need to notify where a skilled permanent visa has already been granted.

Assuming that the OP is in Australia, yes, but if they are not and have not yet made a first entry on the visa, then the obligation to notify still exists until that first entry is made. 

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____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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45 minutes ago, paulhand said:

Assuming that the OP is in Australia, yes, but if they are not and have not yet made a first entry on the visa, then the obligation to notify still exists until that first entry is made. 

Does that mean the Department could withdraw the visa if they break up before activating the visa?

@HG1987, Paul is an agent, so take his advice seriously.


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

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4 hours ago, Marisawright said:

Does that mean the Department could withdraw the visa if they break up before activating the visa?

 

Yes ... the requirement to notify lasts until first arrival and if the circumstances for grant no longer exist (eg the person is no longer the spouse/partner of the primary applicant) then the visa can be cancelled. 

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____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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That's my understanding too

Edited by VicentJ
Oops, wrong thread

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Thanks Paul, Ken and Marisa, that's very useful

We are both currently in Australia, and had both been living here for years when we applied, so the visa is activated (and it shows as such in Vevo) and should be no requirement to follow up with the DHA.

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10 hours ago, HG1987 said:

Thanks Paul, Ken and Marisa, that's very useful

We are both currently in Australia, and had both been living here for years when we applied, so the visa is activated (and it shows as such in Vevo) and should be no requirement to follow up with the DHA.

Just to clarify for others ... VEVO doesn’t show whether a visa has been ‘activated’ ... it shows whether the holder is onshore or offshore at the point the check is made. Clearly by definition, if you are onshore and the visa is in effect then you have made a first entry. 


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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8 minutes ago, paulhand said:

Just to clarify for others ... VEVO doesn’t show whether a visa has been ‘activated’ ... it shows whether the holder is onshore or offshore at the point the check is made. Clearly by definition, if you are onshore and the visa is in effect then you have made a first entry. 

So if the person is offshore you'd have no way of telling by looking in VEVO whether a first entry has been made or not? That seems a bit of a drawback - although I suppose if you need to do a VEVO check (e.g. to see if you can employ someone) they are bound to be onshore.


Chartered Accountant (England & Wales); Registered Tax Agent & Fellow of The Tax Institute (Australia) www.kbfayers.com

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On 24/04/2021 at 16:58, paulhand said:

Just to clarify for others ... VEVO doesn’t show whether a visa has been ‘activated’ ... it shows whether the holder is onshore or offshore at the point the check is made. Clearly by definition, if you are onshore and the visa is in effect then you have made a first entry. 

That's correct, it just shows as 'In Effect'

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