Hugh4243 Posted August 9, 2023 Share Posted August 9, 2023 Hello All, My son has been living and working in Australia for approx 4 years. He initially had a working holiday Visa and whilst he was there he started a relationship with his partner - they moved in together and over time applied for the partnership visa - collecting all the information and sending it all to IMMI via a migration lawyer. Covid then struck and all life slowed down and in some cases stopped - the relationship failed - but nothing was heard from IMMI. My son carried on working for the local council and met another partner. They moved in together into a rented apartment and waited for contact from IMMI. Unfortunately IMMI have today contacted my son after appprox 2 years and informed him that they are now aware that his first relationship has finished and that he must revoke his visa and he has 28 days to leave the country. We think we understand the process and why this has happened - my son should of probably contacted IMMI and informed them of his change in circumstances. I think he was naive and believed he would get his partner visa but I think maybe COVID prolonged the process and in that time his first relationship broke down. He has worked continuously throughout his time in Australia working for his local council and following all the requirements for his WHV of which he had two years. The reason for my post is simple - what can he do now - I have lost faith in migration lawyers and I am just searching for some honest advice. If my son has no option but to leave the country then that is what he will do - but he is now seeking more advice from Lawyers and spending a lot of money in hope to try and save his life in Australia. He has financial commitments to his new apartment and a vehicle and is in a much stronger relationship and has now gained a promotion at his employment for the council. My concerns are that the Lawyers will offer possible chances - but in reality he has to leave everything behind and if somehow he is allowed and his relationship can stand the upheaval and financial consequences start the process again - maybe ? Questions - If he leaves the country - and manages to keep his relationship and paying his financial obligations - how could he return to begin the process of creating the details required for another relationship visa ? If he could go back on an extended holiday Visa but not work could he start it then ? In 2024 I see a third year of WHV could become available could he apply for that whilst he is on his extended holiday Visa and in the country ? Will any lawyer be able to actually assist in any of this - as we know the IMMI are strict and quite rightly so - will they be trying to help but he really has no choice ? Does the IMMI have any scope for change of circumstances and or mitigation. I hope all of this makes sense to someone and I would be grateful if anyone can offer some HONEST , straight advice as to his chances of being able to stay - so I can stop him from wasting $$$$$$ to fight a case he cannot win. yours Hugh4243 - parent Quote Link to comment Share on other sites More sharing options...
rammygirl Posted August 9, 2023 Share Posted August 9, 2023 I’m sorry to hear this. Not the first time someone has simply hoped things would work out and not checked the rules or taken action to make certain. As far as I know he must leave within the time given. This won’t stop him lodging another visa from offshore, but overstaying will. I don’t think he can lodge onshore and get a bridging visa as he doesn’t now have a substantive visa A good registered migration agent not a lawyer can set out options if any are open. The ones who post on here are all worth contacting. Quote Link to comment Share on other sites More sharing options...
paulhand Posted August 9, 2023 Share Posted August 9, 2023 You are correct that he should have informed the Department about his change in relationship status, this is clearly noted in the application form. I don’t think it’s an issue of “fighting a case that he cannot win” because he’s not really fighting “a case”. His situation is more complex than it need have been, but if he’s in a new, solid relationship with an Australian and/or has a skilled occupation then there will, most likely be viable pathways available to him. But, the sequencing does need to be got right and, it is possible, although not guaranteed, that he will need to go offshore for a bit. A consultation to get a proper understanding of his situation shouldn’t cost “$$$$$$” rather a couple of hundred $. He doesn’t need a lawyer, as he is not going to court. Any of the registered migration agents who post regularly on this site will be able to provide an ‘honest’ assessment of the options for a reasonable professional fee. 4 Quote Link to comment Share on other sites More sharing options...
Hugh4243 Posted August 9, 2023 Author Share Posted August 9, 2023 Hello all , I was not expecting such a quick response many thanks for the replies I amazed at the speed and thankyou 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted August 9, 2023 Share Posted August 9, 2023 (edited) 57 minutes ago, Hugh4243 said: ,My son initially had a working holiday Visa and whilst he was there he started a relationship with his partner - they moved in together and over time applied for the partnership visa - Covid then struck and all life slowed down and in some cases stopped - the relationship failed - but nothing was heard from IMMI. My son carried on working for the local council and met another partner. I don't know how on earth your son thought it was legal to continue with his partner visa application when the relationship was over. I am sure he is not stupid, and It's common knowledge here: no relationship, no visa. And you certainly can't substitute a different partner halfway through! By not notifying Immigration, he was committing fraud (i.e. trying to get a visa under false pretences), which is very serious. There is therefore no point in him consulting lawyers because he hasn't a leg to stand on. He knowingly stayed in Australia when he had no right to a visa, end of story. The silver lining is that he is now in a new relationship, so he can apply for a new partner visa with his new partner. However he now has a black mark against him with Immigration, so he really needs to hire a migration agent (not a lawyer) to make the new application and get it right this time. Paul Hand (who posted above) is a good agent, perhaps talk to him. It is possible he will have to leave the country for a while but to be fair, it is all his own fault. Whatever he does, he mustn't overstay this time, or that will be another black mark and possibly the end of the road. Edited August 9, 2023 by Marisawright 1 Quote Link to comment Share on other sites More sharing options...
Hugh4243 Posted August 9, 2023 Author Share Posted August 9, 2023 Many thanks for the honesty in your reply exactly what I was hoping for - it would seem the IMMI are allowing him to withdraw his application and therefore he will not get the black mark against him, according to his current migration assistant, so maybe that is a positive. I completely understand the fraud element and therefore we do not wish to make the same mistakes again so any advice welcome many thanks Quote Link to comment Share on other sites More sharing options...
Marisawright Posted August 9, 2023 Share Posted August 9, 2023 6 minutes ago, Hugh4243 said: Many thanks for the honesty in your reply exactly what I was hoping for - it would seem the IMMI are allowing him to withdraw his application and therefore he will not get the black mark against him, according to his current migration assistant, so maybe that is a positive. It depends. Does Immigration know the previous relationship ended years ago? I'm quite surprised they are letting him off lightly given the length of time that has elapsed. Maybe it's one of those allowances they made during Covid but there could be another reason. It's possible the other partner notified Immi that the relationship was over but didn't admit how long it had been (after all, they had an obligation to report too, and they don't want to get into trouble). If so, then your son won't be able to apply for a partner visa for his new partner for some time, because they can't claim any of their time together before the first relationship ended. He'll have to confess when the first relationship ended and I don't know if that would have consequences. Quote Link to comment Share on other sites More sharing options...
Hugh4243 Posted August 9, 2023 Author Share Posted August 9, 2023 We are guessing that the IMMI were informed by another source that the first relationship had ended - will never know but sounds about right. I think due to the time and effort they had both put in to applying for the relationship visa - and the fact everything was all seemingly correct and in place via the immigration advisor it was a question of just waiting for an outcome. Then COVID struck and lockdown and the relationship went downhill - I truly believe my son thought that possibly the outcome of his application would of been sorted by then but nothing came through - wether it got lost in the system or Covid delayed it will never know. As the first relationship failed he should of informed IMMI but was hoping - wrongly- that it would of been accepted. Non of the detail has yet to be fully explored and my son has a meeting booked for Thursday this week with another immigration advisor - to go through the situation he finds himself in. As I am on the other side of the planet I am just trying to help and gleam as much advice as I can to assist - and to try and understand the process a bit better to help next time if he gets the opportunity. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted August 9, 2023 Share Posted August 9, 2023 23 minutes ago, Hugh4243 said: We are guessing that the IMMI were informed by another source that the first relationship had ended - will never know but sounds about right. I think due to the time and effort they had both put in to applying for the relationship visa - and the fact everything was all seemingly correct and in place via the immigration advisor it was a question of just waiting for an outcome. .. It doesn't matter whether the application was perfect, if the relationship no longer exists then the visa can't be granted and the bridging visa is cancelled. I'm guessing he and his ex-partner agreed to keep quiet in the hope they would grant it without further checking, which (as noted) is fraud. If he has an agent, then none of the agents on this forum can offer advice unfortunately. Quote Link to comment Share on other sites More sharing options...
Hugh4243 Posted August 9, 2023 Author Share Posted August 9, 2023 Ok - many thanks. All your comments sound about right to me - Yes they are having a meeting - with an advisor so I except the reasons. Many thanks I shall wait and see the outcome. Hugh4243 Quote Link to comment Share on other sites More sharing options...
StevenP Posted August 9, 2023 Share Posted August 9, 2023 1 hour ago, Hugh4243 said: We are guessing that the IMMI were informed by another source that the first relationship had ended - will never know but sounds about right. I think due to the time and effort they had both put in to applying for the relationship visa - and the fact everything was all seemingly correct and in place via the immigration advisor it was a question of just waiting for an outcome. Then COVID struck and lockdown and the relationship went downhill - I truly believe my son thought that possibly the outcome of his application would of been sorted by then but nothing came through - wether it got lost in the system or Covid delayed it will never know. As the first relationship failed he should of informed IMMI but was hoping - wrongly- that it would of been accepted. Non of the detail has yet to be fully explored and my son has a meeting booked for Thursday this week with another immigration advisor - to go through the situation he finds himself in. As I am on the other side of the planet I am just trying to help and gleam as much advice as I can to assist - and to try and understand the process a bit better to help next time if he gets the opportunity. Any advice I would give you is reach out to Paul Hand who has commented in the post. You won't go wrong with him and it wont cost a fortune either. good luck! 3 Quote Link to comment Share on other sites More sharing options...
Hugh4243 Posted August 9, 2023 Author Share Posted August 9, 2023 Many thanks. For all of the advice so far. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted August 9, 2023 Share Posted August 9, 2023 3 hours ago, Hugh4243 said: Many thanks. For all of the advice so far. I would echo the advice to consult Paul Hand, who has an excellent reputation. However if he does use someone else, make sure that person is a MARA registered migration agent. Not an "assistant" or a "lawyer" - you need a good agent. If he and the new partner have plenty of evidence of their relationship then they could quite possibly be ok, if Immigration are allowing him to withdraw the original application. It might even be possible to use evidence of the new relationship from before the date that the original one ended - its often the case that one relationship starts while you are still trying to decide whether to rescue a previous one, you just need a good agent to showcase it properly. 1 Quote Link to comment Share on other sites More sharing options...
Steve Elliott Posted August 9, 2023 Share Posted August 9, 2023 Just to be clear here. There appears to be some confusion with regards lawyers vs registered migration agents (RMA's). If you do speak to a lawyer, you really should be talking to an accredited migration specialist. I know many migration lawyers who are experts in tricky situations such as character issues, refusals etc and they are excellent and very professional. Personally I would not be seeking advice from a lawyer without years of practice specifically in migration. After all. the migration Act is the second most complex piece of legislation in Australia, second only to the tax act. Registered Migration Agents (RMA's) have all studied, trained and qualified specifically in migration. Some will be more experienced than others in partner visas, however the scenario you have described is unfortunately, not uncommon so most experienced agents will be able to guide your son through his options. For clarity, while your son has already engaged a lawyer, there is nothing stopping him seeking a second opinion from an RMA. If your son then wishes to switch professional adviser, it is a simple process facilitated by a form which the new adviser would lodge with IMMI. It's a painless exercise. While I am an RMA, my plate is full at the moment, so would agree with comments above and have a consult with Paul Hand or any of the other agents in this forum. All the best 3 Quote Link to comment Share on other sites More sharing options...
Hugh4243 Posted August 10, 2023 Author Share Posted August 10, 2023 Once again many thanks for all your help - my son and his partner have a meeting today we will see what the meeting brings - if it helps anyone else I can put the outcome on here. cheers andrew Quote Link to comment Share on other sites More sharing options...
Hugh4243 Posted August 10, 2023 Author Share Posted August 10, 2023 This is the company my son is using. Quote Link to comment Share on other sites More sharing options...
InnerVoice Posted August 10, 2023 Share Posted August 10, 2023 2 hours ago, Hugh4243 said: Once again many thanks for all your help - my son and his partner have a meeting today we will see what the meeting brings - if it helps anyone else I can put the outcome on here. cheers andrew PiO doesn't have a 'care emoji' but I feel that a virtual hug wouldn't go amiss. I really hope you're son and his partner find a way to stay together. Quote Link to comment Share on other sites More sharing options...
Hugh4243 Posted August 10, 2023 Author Share Posted August 10, 2023 Many thanks - he has struggled with quite a few things over the years he has been away but has always picked himself up and worked his way around the world. It seems that he has now finally found a like minded soul and settled into a good routine of life - so whilst he has obviously not gone about things the right way - which I now understand much more about - hopefully there might be a correct route for them to follow and with time and some effort and correct advice they will sort things out. once again a huge thank you to all of you who have offered advice and help an unbelievable response between unknown people - helps my beliefs too that the world is still a good place - cheers I will update this thread as and when and maybe it will help others too. 3 Quote Link to comment Share on other sites More sharing options...
Steve Elliott Posted August 10, 2023 Share Posted August 10, 2023 I don't know the Calhaem guys but combined experience of almost 60 years between the two would suggest there would be few scenarios they have not encountered before. He should be in good hands!!! 1 Quote Link to comment Share on other sites More sharing options...
Hugh4243 Posted August 11, 2023 Author Share Posted August 11, 2023 Hello All Following the meeting yesterday my son now has a better idea of his next move. Briefly - because that is all that I know so far Firstly he withdraws his current partnership visa application. My son then leaves Australia - once he is offshore and following a short wait of a few months he can apply for an ETA to return. Upon his return to Australia he can start the process of applying for another partnership visa. There may be some more detail I am unaware of but I think this is the plan so far. once again many thanks all Hopefully the plan is as straightforward as that . Hugh4243 Quote Link to comment Share on other sites More sharing options...
Quoll Posted August 11, 2023 Share Posted August 11, 2023 If he can't get an ETA because of this current issue is there a plan B? How about he leaves with his current partner and they apply offshore perhaps? 1 Quote Link to comment Share on other sites More sharing options...
Hugh4243 Posted August 11, 2023 Author Share Posted August 11, 2023 No plan B but now you have highlighted the possibility I will discuss it with them - thanks Hugh4243 Quote Link to comment Share on other sites More sharing options...
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