Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200
   

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:

ACT  NSW  NT  QLD  SA  TAS  VIC  WA  

AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

New partner after break up

 Post Reply Post Reply
Author
  Topic Search Topic Search  Topic Options Topic Options
ad129 View Drop Down
Newbie
Newbie


Joined: 14/September/2013
Location: Australia
Posts: 1
  Quote ad129 Quote  Post ReplyReply Direct Link To This Post Topic: New partner after break up
    Posted: 14/September/2013 at 18:57
Hi there.
Im currently on a defacto spouse visa for about 1.5yrs now. My partner (engl, permanent resident) started cheating on me and so i left. Found new happiness, all good. Now my ex found out and told me, hes going to cancel my visa. So now i wonder: is he able to? do i have options to stay without him? or is everything ok, cos the conditions havent changed, my new partner is australian. really happy about every hint. Antje

MartinO View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 02/March/2009
Location: Australia
Posts: 13999
  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 14/September/2013 at 19:34
No, he cannot cancel your visa, however if he was the sponsor for your partner visa, and the two of you are no longer living together, he is obliged to report that you are no longer living as a couple.

Whether your visa is cancelled or not will be determined by the Department of Immigration and Citizenship.

I expect that if you get in first and advise the department that you have moved out because of his unfaithfulness and mental cruelty, they may be inclined to grant you a different visa.

I'll move a copy of this over to the immigration forum where those who know more about these things can advise.



I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

MarkNortham View Drop Down
Senior Member
Senior Member
Avatar

Joined: 26/December/2012
Location: Australia
Posts: 124
  Quote MarkNortham Quote  Post ReplyReply Direct Link To This Post Posted: 14/September/2013 at 21:23
Hi -

Martin makes an excellent point. You have two ways that might work for you - first, depending on your circumstances, if you were able to justify family violence (which does not need to be physical violence, but can include threats, intimidation, and other forms of emotional violence), you may be able to proceed to the permanent phase of the partner visa without your ex-partner's support or cooperation in any way. If that option is not available to you, you may be able to lodge a new partner visa application if you can establish sufficient evidence to show a new defacto relationship, or you could apply for a different type of visa in Australia if you were not ready or able to apply for a new partner visa.

You may wish to get professional advice re: the details and requirements for a family violence claim and/or what other visa options may be available to you given your specific circumstances.

I would support Martin's advice - get in there first and let them know what happened to you.

Please advise if I can be of further assistance -

Best,

Mark Northam
Mark Northam
Registered Migration Agent
Northam & Associates
Sydney, Australia
http://mnvisa.com

Irish View Drop Down
Senior Member
Senior Member
Avatar

Joined: 02/September/2013
Location: Australia
Posts: 103
  Quote Irish Quote  Post ReplyReply Direct Link To This Post Posted: 18/September/2013 at 15:20
I would be careful because when you got your visa they would have stated that if anything changed in your situation that you need to let them know immediately. (i was on a visa and they stated that for me)
Say for example you have been split up for 6 months...then immigration would have had to cancel that visa so technically you would be here illegally. depending on how you approach it with them they may not take too kindly to it.

just something to think about as my partner has a child with his ex and that is the reason he has his residency. if anything were to happen to his son then his residency would be revoked.

Calmar View Drop Down
Legal Guru
Legal Guru


Joined: 20/April/2013
Location: Australia
Posts: 1308
  Quote Calmar Quote  Post ReplyReply Direct Link To This Post Posted: 18/September/2013 at 17:07
On paper immigration should cancel if a relationship breaks up; however, if the parent is continuing a meaningful relationship with the child (or there are court procedings ongoing); it is less likely that will happen.

If you are the person who may be subject to cancellation you take your time with immigration to explain the case. I am afraid cancellation can also trigger a tribunal appeal that can allow someone to remain for months more until it is settled.

As Martin hints; there were changes in the provisions and "family violence" may allow you to remain in Australia. Of course it's a pretty grey area and you are likely to need some compelling evidence.


Edited by Calmar - 18/September/2013 at 17:08

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.