Previous Partner Visa Refusal (2019), what’re my options?

[Kaatie_lou]

Hi, 

Posting in general chat as there’s a lot going on with my situation.

For background , I went to Australia in 2014 on a WHV and applied for a partner visa in 2015 which was granted in 2017. I unfortunately had to return back to the UK to look after my sick relative and eventually my sponsor decided the relationship would not work and we broke up. 

In 2019, I received an email from immigration asking for proof of continuing relationship. Realising the mistake of neither of us letting the department know about the change in circumstances I quickly alerted them to what happened and they gave me the opportunity to withdraw. this email unfortunately ended up in my junk email so I missed the 30 day deadline to action this therefore causing my visa to be cancelled. 
 

I was absolutely devastated as I know I have this black mark against me. I love Australia, consider it my second home and would do anything to go back. I was 21 at the time so I didn’t understand the severe consequences of my actions. I never made an attempt to re-enter Australia after the relationship ended but kept very close ties through other means. 

I am looking to go back for a holiday end of 2024 to see friends and would like to eventually go for skilled migration in a couple of years times when I am qualified or even do my masters in the country as a student?

What are my options? Will it be impossible to get a tourist visa? Are my permanent migration chances literally zero?

 

 

 

[Nemesis]

2 hours ago, Kaatie_lou said:

Hi, 

Posting in general chat as there’s a lot going on with my situation.

For background , I went to Australia in 2014 on a WHV and applied for a partner visa in 2015 which was granted in 2017. I unfortunately had to return back to the UK to look after my sick relative and eventually my sponsor decided the relationship would not work and we broke up. 

In 2019, I received an email from immigration asking for proof of continuing relationship. Realising the mistake of neither of us letting the department know about the change in circumstances I quickly alerted them to what happened and they gave me the opportunity to withdraw. this email unfortunately ended up in my junk email so I missed the 30 day deadline to action this therefore causing my visa to be cancelled. 
 

I was absolutely devastated as I know I have this black mark against me. I love Australia, consider it my second home and would do anything to go back. I was 21 at the time so I didn’t understand the severe consequences of my actions. I never made an attempt to re-enter Australia after the relationship ended but kept very close ties through other means. 

I am looking to go back for a holiday end of 2024 to see friends and would like to eventually go for skilled migration in a couple of years times when I am qualified or even do my masters in the country as a student?

What are my options? Will it be impossible to get a tourist visa? Are my permanent migration chances literally zero?

 

 

 

No reason at all why you shouldn't be able to get another visa, either tourist or PR. Even if you had an initial 3 year ban that would have expired Just be honest about the previous situation; they will have it all on file to check against. 

If you're worried though, speak to a registered agent and get them to advise of the best route to take. 

[paulhand]

8 hours ago, Kaatie_lou said:

causing my visa to be cancelled.

820 cancelled or 801 refused? There is a difference. As mentioned, a short professional consultation may help to put things into perspective. 

[Kaatie_lou]

3 minutes ago, paulhand said:

820 cancelled or 801 refused? There is a difference. As mentioned, a short professional consultation may help to put things into perspective. 

Apologies, my 801 was refused.

 

”As clause 801.221 is not met by the applicant, I find the criteria for the grant of a Partner (Residence) (Class BS) (Subclass 801) visa are not met by the applicant.
Therefore, I refuse the application by the applicant for a Partner (Residence) (Class BS) (Subclass 801) visa.”

[Kaatie_lou]

6 hours ago, Nemesis said:

No reason at all why you shouldn't be able to get another visa, either tourist or PR. Even if you had an initial 3 year ban that would have expired Just be honest about the previous situation; they will have it all on file to check against. 

If you're worried though, speak to a registered agent and get them to advise of the best route to take. 

Thank you!