What is partner visa?
As the name recommends, this is often a visa for married partners (i.e. opposite-sex companions) and de facto partners (counting those in a same-sex relationship) of Australian citizens, Australian permanent residents and qualified New Zealand citizens to enter and stay for all time in Australia.
If you’re the holder of a Temporary Partner Visa otherwise you are holding up for it to be allowed, it can ended up a bad dream in case your relationship has broken down, particularly in the event that your ex-partner is undermining to have your Partner Visa cancelled, or the application withdrawn.
It doesn’t matter whether the relationship that has finished could be a de-facto relationship or a marriage, the council is the same, and indeed in the event that you’ve got not separated, the relationship will be regarded to be finished by the DHA, in the event that you and your partner have separated ways permanently.
It is essential that you know your rights!
Your visa cannot be cancelled by your ex-partner! A case officer, or so-called “Assign” of the Minister for Migration, is the as it were individual who has the specialist to deny or deny your visa. Your ex-partner is incapable to end your visa on their own.You will inevitably get a letter (frequently by means of mail) from a Appoint inquiring you to comment on the data it has gotten that your relationship has finished in the event that your ex-partner informs the Office of Home Affairs (DHA) of the breakup.
The letter will permit you 28 days to reply to the charges that your relationship has ended. This implies merely have at slightest 4 weeks to consider your choices and draft a reaction to the Department.
If your relationship has broken down permanently and you are doing not have children together, and there are no charges of residential violence, the DHA will inevitably deny your Subclass 820 Temporary Partner Visa, cancel your Temporary Partner Visa (either Subclass 820 or 309), or deny your Permanent Partner visa, in case you have got applied for the second stage. There are cases in which you will still be allowed your Temporary or Lasting Partner Visa after your relationship has ended.
There are cases in which you’ll still be allowed your Temporary or Permanent Partner Visa after your relationship has ended. These include:
- You or a dependent family member (i.e. a child) has underwent family violence brought about by your previous partner, or you have an Australian child in the relationship.
- Where your spouse or de facto partner has died.
- If you are a victim of family violence and have the proof to prove it, the DHA may still allow your Permanent Partner Visa, even if your relationship has ended.
- If you have applied for an onshore Subclass 820 Visa, or hold an 820 Visa, your Permanent Partner Subclass 801 visa may be granted if you can form a statement for domestic violence.
- If however you are offshore and your Subclass 309 has not been approved, it will not be granted even if you can form a statement of domestic violence.
- If you’re in Australia as the holder of a Subclass 309 visa, and you’re holding up for the Permanent Partner Visa – Subclass 100, your visa may be allowed if you’ll set up a domestic violence claim. It is imperative to note that the domestic violence merely charge must have happened before your relationship finished. In the event that it happened after your relationship finished, it isn’t important and the visa will not be granted.
If you want to settle in Australia and need expert guidance, ESI is here to help. We provide comprehensive solutions to the candidates and support them throughout the entire VISA process with our extensive experience in the fields of education and migration advice. 𝐁𝐨𝐨𝐤 𝐚𝐧 𝐨𝐧𝐥𝐢𝐧𝐞 𝐨𝐫 𝐟𝐚𝐜𝐞-𝐭𝐨-𝐟𝐚𝐜𝐞 Free Migration 𝐜𝐨𝐧𝐬𝐮𝐥𝐭𝐚𝐭𝐢𝐨𝐧 𝐰𝐢𝐭𝐡 𝐨𝐮𝐫 𝐜𝐞𝐫𝐭𝐢𝐟𝐢𝐞𝐝 𝐜𝐨𝐧𝐬𝐮𝐥𝐭𝐚𝐧𝐭𝐬 𝐧𝐨𝐰! 𝗠𝗔𝗥𝗡:1799395
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