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The Scientist

Residency 856 de facto removal

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cut a long story short, with my partner for over 3 years, came to oz in 2009 and we got residency in september of this year through my company. soon as we got it she left me.

 

how do i go about removing her from the residency. basically she has admitted that she used me for the residency and moved out straight away.

 

any advice would be good before i go down the legal route.

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Guest lilimary

As the visa is permanent, you do not have to do anything about the change of circumstances.

 

Permanent residency has been granted, and as stated, it is permanent...

 

Someone please correct me if I am wrong :)

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I agree with the previous poster, at the time she met the conditions for the visa and now she has permanent residency. I don't think there is anything you can do.. Sorry.

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Guest GoldCoastMag
cut a long story short, with my partner for over 3 years, came to oz in 2009 and we got residency in september of this year through my company. soon as we got it she left me.

 

how do i go about removing her from the residency. basically she has admitted that she used me for the residency and moved out straight away.

 

any advice would be good before i go down the legal route.

 

I am sorry to hear what you are going through. Although you may feel resentful it may be time to organise your affairs and be ready to change your life to what you want to do. Your partner sounds as if she is determined to move on, but counselling is always an option if the relationship is salvageable. Her residence here is not something that has any bearing on your visa any more.

 

Any joint accounts and investments etc need to be legally dealt with and if there are any legal areas, ie. children or property, as you have said a chat with someone who can represent you may be in order.

 

Hopefully your future will include someone who you deserve and will have a happy life with.

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You could report her to DIAC if you really feel that strongly. Visas can be revoked if it is revealed that someone lied on their application. I would be wary of doing this though, since your visa might end up going along with it...

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Guest Irishlad

Unfortunately I had a similar happening with regard to residency. Advice I received was that there is absolutely nothing the DIAC will do except if it is proven that the application was not truthful, and the concern there is that would make your application 'doubtful'. Why would you want to remove someone from your residency which you cannot do anyway - it has been granted now and therefore nothing you can do about it.

 

It sounds like it is the relationship you want to have, however wouldn't you be better off moving on with your life? It wont make any difference what you try now as residency has been approved with the required conditions met on the day it was granted and that it all that is needed.

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Been honest if it means that I also have to give up my residency I will prob go through with it. No way am I going to leave this person get the benifit of residency for using someone. My lease on my house is up in December and I'm finished in my workplace also in December. I'm after been offered a job in the middle east so it's not all doom and gloom and my side! Need to visit a legal expert this week so it's probably a case of going through the application with every detail so I don't get effected! Lucky I have kept all the documents on my side :)

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So she got in off your back !! If she did use you for the visa your well rid mate but she's in now anyway so just move on.

 

You can still meet other women anyway. Maybe vet them a little more next time. Make her prove her love by living in the Middle east with you for 5 years first :-).

 

Oh and she isn't here to defend her side of the story is she ? How do we know that you were the perfect partner the whole time ?? It takes a good while to get a defacto partner visa and she may well of had her reasons to leave.

 

Just to give balance to the topic you understand....


Why don't you just build a bridge and Get Over Yourself !!

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Guest Irishlad

Called DIAC late yesteday and had a chat to someone I know who works there in the Visa section (also an immigrant at one time) and asked for general comment on situation. As she explained there is nothing that can be done once the Permanent Residency has been accepted, barring falsification on the application plus as said before being a member of a 'banned' group e.g. terrorist etc. Her words were that if the relationship broke down even one day after PR being granted then while unfortunate it would not warrant the department relooking at any application. Went on to say that to prove someone had intended to piggyback on a visa application is nigh on impossible and not worth the trouble, particularly given that 50% of relationships disintergrate anyway which would mean the department would be forever buried with disgruntled ex partner complaints.

 

Take the job in the sun, chillax and enjoy the environment. But remember that it certainly isn't easy over that way either, one wrong step be it drinking in the wrong place or kissing a girl in public and its behind bars for a while which isn't good for any long term plans or visas. Best of luck to you, and hope you find someone who deserves you.

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Meeting a lawyer today if I can't do f all about it Im going to withdraw my residency and the company I'm with at the moment can bring me back in through a 457.

 

There is always means and ways :)

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Guest Guest31881

if you withdraw your residency it will not alter her status, she has a visa in her own right now. She may have been on your application but once issued she has her own visa.

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also if they withdraw your visa you'll probably be subject to the three year ban, so might not be so easy to get the 457

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I won't go down without a fight even if it does cost a few grand to do it! Worth every penny

 

Still be under 30 when that's up so have loads of time on my side!

Edited by The Scientist

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Guest GoldCoastMag

It sounds as if you are more eaten up by revenge and that could be more harmful to your own well being than just putting it down to experience and winning by getting over it and not allowing bad feelings to cloud your future.

 

Life has a habit of throwing stuff at us that we dont want, but depending how we handle it, it can turn out in either a positive or negative way.

 

You sound really hurt and angry, and I am sure it is painful, a breakup starts a grieving process, for lost dreams and hopes that are shattered. Time allows us to go through the stages, your local GP could be a starting point but sometimes counselling can really help.

 

I am sorry you feel so bad.

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Well she forged my signature on the application while I was doing fifo to speed up the application so if I get the 3 year ban so be it!

 

I won't go down without a fight even if it does cost a few grand to do it! Worth every penny

 

Still be under 30 when that's up so have loads of time on my side!

 

The 3 year ban applies to TR visas, you can not apply for another TR visa, but you could apply for a PR visa with a 3 year ban.

 

There are not many circumstances that a PR visa can be cancelled, any she would have the right to appeal, under the Migration Review Tribunal, and she would be granted a bridging visa while her case is being heard, and that is if this case even got that far - which is doubtful.

 

As it has been said there is basically nothing you can do, you needed al lot more evidence than one signature to prove that you were in a De Facto relationship. Also if she said she didnt forge your signature it would be your word against her's.

 

You could have only gotten her removed if your visa had not been granted yet, but its too late.

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Guest china

Why bother withdrawing your own residency, it won't affect her at all. I'm sure what you've been through was extremely hurtful, but the best way to get her back is to move on and be as happy as you can be without her. Good luck :-)

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Guest lilimary

I certainly hope DIAC won't even lose 1 minute of working time over this... I bet they have other priorities!!!

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You withdrawing your residency will not affect hers at all- if you focus on her having signed a form for you then you are probably also at fault as you knowingly went along with it. You are worth much more than a visa and if that is really all the relationship was about for her then you would have seen through it much sooner- people say awful things they don't mean when breaking up to hurt each other-I suspect she realised things were not working before you got the visa and so did you if you are honest! Going through the visa business and moving country's is stressful and many people find their relationships do not make it. Do you really want to focus on getting revenge? or do you want to focus on healing your heart and moving on - you clearly have loads of opportunities to travel and work in this great world of ours and she will now not be able to benefit any more from these or you! Good luck!


Moved back to Perth in May 2013.

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This case got better, found out she was with someone else for over 12 months when she was my 457 de facto and during the residency application.

 

3 witness have not given statements to immigration in the past few weeks.

 

Decision is pending and looking like she will be removed from oz. nearly 16 months or so of waiting. Only 70 people I believe working in the cancelation department. Amazing really!

 

My visa is safe, had to go in and meet immi and show all original documents again. Be careful folks!

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Good on ya for sticking to your guns keep us informed of the outcome.

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No, only noticed the first page, just noticed the date and thought 'what the??' I'll read the rest now lol.


Has two beautiful Aussie little girls :-)

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This case got better, found out she was with someone else for over 12 months when she was my 457 de facto and during the residency application.

 

3 witness have not given statements to immigration in the past few weeks.

 

Decision is pending and looking like she will be removed from oz. nearly 16 months or so of waiting. Only 70 people I believe working in the cancelation department. Amazing really!

 

My visa is safe, had to go in and meet immi and show all original documents again. Be careful folks!

Wow, that is very low. I'm guessing you didn't suspect anything at the time. How did you find out?


Has two beautiful Aussie little girls :-)

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lowest of the low, her best friend from home who came here with her to oz told me as she couldnt not tell me as she was living with the guilt.

 

then her best friend from oz out of nowhere rang me before xmas telling me all. statements and email corresspondance between both over the 2 year period were also forwarded on along with facebook chats etc.

 

took it to aussie politicans and irish ones. both still working on it until its confirmed.

 

law in this country need to change big time and resources of the public sector!

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