Applying for a partner visa twice

[ChrisJD 11]

Hi guys

So got an interesting case here.  I applied for a partner visa with my now ex partner in 2018 and got granted my TR in 2018 and applied for my PR in 2020.  Our relationship broke down in that time but we never withdrew the application.  My ex partner has now decided to submit a breakdown of relationship so my chances of getting PR granted are slim to none.

Is it possible to withdraw this application and apply with my new partner?  Or are there restrictions etc in place?  Otherwise what would be my options?

[paulhand 771]

You will have some explaining to do over why you did not notify the Department of this very relevant change in circumstances in a timely manner, and you need to act before a refusal arrives. I suggest you get some professional advice based on the specifics of your situation. 

[ChrisJD 11]

36 minutes ago, paulhand said:

You will have some explaining to do over why you did not notify the Department of this very relevant change in circumstances in a timely manner, and you need to act before a refusal arrives. I suggest you get some professional advice based on the specifics of your situation. 

I’m planning to, only just found out tonight.  But is that a possibility?  Applying for another partner visa or does that not look good?  I’m gonna try for work sponsored visa also

[Ausvisitor 435]

1 hour ago, ChrisJD said:

I’m planning to, only just found out tonight.  But is that a possibility?  Applying for another partner visa or does that not look good?  I’m gonna try for work sponsored visa also

You only found out last night that your relationship broke down in 2020?

 

You seem to be missing the point that the issue here is that you have not notified the authorities when you should have, not the fact that your partner has now decided to tell the truth

[ChrisJD 11]

19 minutes ago, Ausvisitor said:

You only found out last night that your relationship broke down in 2020?

 

You seem to be missing the point that the issue here is that you have not notified the authorities when you should have, not the fact that your partner has now decided to tell the truth

No of course not, we both agreed that we’d carry on until I got my visa so neither of us are in the right here.  

I was just hoping to understand what my options might be now.  Do I too message them telling them of this breakdown?  I don’t know what timeframe she put on it, I wouldn’t imagine she’d have mentioned it was recent to avoid looking bad

[paulhand 771]

3 hours ago, ChrisJD said:

No of course not, we both agreed that we’d carry on until I got my visa so neither of us are in the right here.  

I was just hoping to understand what my options might be now.  Do I too message them telling them of this breakdown?  I don’t know what timeframe she put on it, I wouldn’t imagine she’d have mentioned it was recent to avoid looking bad

I'm sure you will be hearing from them shortly with an invitation to comment. As I said, I suggest you get some professional advice based on the specifics of your situation as this could get messy quickly.

[Marisawright 8,908]

Potentially a huge mess and you’re at serious risk of losing any chance at a visa. Book a consultation with Paul urgently would be my advice 

[Marisawright 8,908]

Just to amplify:  

If you apply for a partner visa now, you'll have to prove that you've been in that relationship for 12 months.   But that means admitting that you fraudulently stayed in Australia on your old partner visa, even though you were no longer partners. That would definitely not be a good look and might even jeopardise any future visa applications.

IMO you should check with your ex-partner what date she put on the relationship breakdown and you're going to have to accept that date, or open a can of worms. I'm assuming she pretended you've only just broken up, to avoid getting into trouble for failing to report at the proper time.

Edited November 25, 2021 by Marisawright

[ChrisJD 11]

26 minutes ago, Marisawright said:

Just to amplify:  

If you apply for a partner visa now, you'll have to prove that you've been in that relationship for 12 months.   But that means admitting that you fraudulently stayed in Australia on your old partner visa, even though you were no longer partners. That would definitely not be a good look and might even jeopardise any future visa applications.

IMO you should check with your ex-partner what date she put on the relationship breakdown and you're going to have to accept that date, or open a can of worms. I'm assuming she pretended you've only just broken up, to avoid getting into trouble for failing to report at the proper time.

That was exactly my concern, so I’m thinking of heading down the employer visa first which will allow me to stay temporarily for 2-4 years.

She wouldn’t share what she sent, but I assume it is as you said. 

[paulhand 771]

10 hours ago, ChrisJD said:

That was exactly my concern, so I’m thinking of heading down the employer visa first which will allow me to stay temporarily for 2-4 years.

She wouldn’t share what she sent, but I assume it is as you said. 

It’s not really about what visa you intend to apply for now … it’s about whether you have supplied incorrect information (by omission) and complied with the conditions on your current visa. Remember you signed a form declaring that you:

“Will inform the Department if the relationship between the applicant and sponsor breaks down or ends in divorce.”