# My Partner Passed Away in final processing of partner visa - what next?



## ticotraveller (Mar 24, 2015)

This is related to this thread where I was asking what to do because I did not want to leave Australia while my partner was sick (the visa subclass 309 was ready to be finalized, they just needed me to leave Australia for 5 business days).

(see thread "Partner visa decision - can I remain in Australia?", I cannot post links because of account restrictions).

That was before he got very weak and was admitted to a hospice last Thursday. After four very difficult days, he passed away yesterday morning.

I hate to be thinking about this but I don't want to wait and the find out that I should've done something in the interim.

Before I contact the immigration office and ask them what's next, I would like to know if anyone had experienced anything like this before and whether our visa application is pretty much screwed because of this.


----------



## Kah86k (Aug 4, 2013)

I have no idea about the answer to this question, but I did want to post to express my condolences on your loss. I know that your partner was very sick and you may have been expecting this at some point, but it is very hard nonetheless. I will keep you in my thoughts and prayers.


----------



## Valentine1981 (Sep 13, 2012)

I too have no answers but am so very sorry for your loss. Cannot imagine what you are going through at this point in time. Hopefully one of the migration agents on this forum can provide some answers for you.


----------



## Bay56 (May 2, 2014)

Sincere condolences for your loss. It must be very tough for you, we all hope you pull through.

Now, don't take what I say as official advice because I might as well be wrong - but I believe that you will be granted a permanent visa because there was some provision that allowed for this. I'm not the one you should listen to though, this is just based on some research I've done and I might be misinformed for all we know. I just don't want to give you false hope if you still wish to live in Australia, that's all.


----------



## la.vie (Jan 21, 2015)

Hi ticotraveller,

I am very sorry for your loss and you have my condolences.

You should ask Mark to give you a better idea, but I remembered there is a note in the Partner Migration booklet, 1127, page 50 for temporary partner visa holders (see below).

"If your relationship with your partner ends while you have a temporary Partner visa (subclass 820 or 309), you may still be eligible for the grant of the permanent Partner visa without having to fulfill the usual two year waiting period if:
[...]
- your partner dies. You will need to establish that, had your partner not died, the relationship would have continued. If you have applied for Partner visa while you are in Australia, you must also be able to show that you have developed close ties with Australia."


----------



## Mish (Jan 13, 2013)

I am sorry for you loss.

I remember someone who was waiting on their 820 to come through when her partner passed away and was granted the visa - I can't remember if TR or PR, but would assume it was PR.

She had to get statements from people showing that the relationship was still genuine at the time of his death, basically showing DIBP that if he had not passed away their relationship would have continued.

The bear option would be to contact your case officer and ask what the process is.


----------



## aussiesteve (Mar 16, 2012)

Mish said:


> I am sorry for you loss.
> 
> I remember someone who was waiting on their 820 to come through when her partner passed away and was granted the visa - I can't remember if TR or PR, but would assume it was PR.
> 
> ...


I was sure the other case was someone waiting for their PR to be granted Mish.I think that they got their PR as it was reasonable to expect the relationship would have continued had the sponsor not passed away.
This case is different as the 309 has not been issued yet, 
Maybe an agent might be able to assist as the op is really obliged to inform the DIBP asap of the change of circumstances and in doing so she would be admitting that she would be unable to complete the requirement of the 309 visa.
All these problems on top of her grief! How sad.


----------



## CCMS (Oct 10, 2013)

Mish said:


> I am sorry for you loss. I remember someone who was waiting on their 820 to come through when her partner passed away and was granted the visa - .


 That apples to holders of a sc. 300 visa ( PMV) who have gotten married. It may even apply if they have not yet lodged the sc. 820 visa. The other options are for holders of a sc. 309 visa, who have made a first entry in Australia and holders of a sc. 820 visa. There are additional requirements that must be met in these cases, where the sponsoring spouse has died.

I am very sorry for your loss.


----------



## Canegirl (Oct 7, 2013)

I am so sorry for your loss


----------



## wrussell (Dec 31, 2014)

ticotraveller said:


> This is related to this thread where I was asking what to do because I did not want to leave Australia while my partner was sick (the visa subclass 309 was ready to be finalized, they just needed me to leave Australia for 5 business days).
> 
> (see thread "Partner visa decision - can I remain in Australia?", I cannot post links because of account restrictions).
> 
> ...


In the circumstances you have described, you can still proceed with your application.

All the best


----------



## aussiesteve (Mar 16, 2012)

wrussell said:


> In the circumstances you have described, you can still proceed with your application.
> 
> All the best


Obviously this is an unusual predicament as we have two different opinions from two different agents. No wonder ordinary applicants become confused.


----------



## CCMS (Oct 10, 2013)

wrussell said:


> In the circumstances you have described, you can still proceed with your application. All the best


Wesley, it is my understanding that the OP has applied for a sc. 309 which has not been decided yet.


----------



## ticotraveller (Mar 24, 2015)

Thank you all. I am overwhelmed at the very nice comments posted expressing your condolences. Losing my partner has been an incredible blow to my life...even though you know it's going to happen given the circumstances, nothing can prepare you for it.

I will let the immigration officer know about the situation and will post back what happens. 

Thanks again, incredibly new to this forum, but I can feel the love coming in all directions.


----------



## wrussell (Dec 31, 2014)

CCMS said:


> Wesley, it is my understanding that the OP has applied for a sc. 309 which has not been decided yet.


The 309 will be refused. If the applicant is onshore then further application followed by MRT then ministerial is a possible strategy. It has been used successfully.


----------



## CCMS (Oct 10, 2013)

wrussell said:


> The 309 will be refused. If the applicant is onshore then further application followed by MRT then ministerial is a possible strategy. It has been used successfully.


That's what I thought you must have been hinting at. Not sure how generous the current Minister will be though. I had a recent MI granted (there were children and Australian citizens involved though) ,but I have seen some pretty tough decisions coming from the Minister recently.


----------



## wrussell (Dec 31, 2014)

CCMS said:


> That's what I thought you must have been hinting at. Not sure how generous the current Minister will be though. I had a recent MI granted (there were children and Australian citizens involved though) ,but I have seen some pretty tough decisions coming from the Minister recently.


As you are no doubt aware, Minister C is handling MI application and can be expected to act, as ministers do, on the delegate's recommendation. What I was really hinting at was PV or whatever > MRT > MI which would allow time for the OP to recover and possibly make alternative arrangements. Less likely things have happened.


----------



## CCMS (Oct 10, 2013)

wrussell said:


> As you are no doubt aware, Minister C is handling MI application and can be expected to act, as ministers do, on the delegate's recommendation. What I was really hinting at was PV or whatever > MRT > MI which would allow time for the OP to recover and possibly make alternative arrangements. Less likely things have happened.


Mrs. C. seems quite effective.

I get your drift and it is an option..


----------



## aussiesteve (Mar 16, 2012)

CCMS said:


> Mrs. C. seems quite effective.
> 
> I get your drift and it is an option..


Do you think it is wise to publicly discuss strategies that while they may be legal some people such as myself find to not be in the spirit of the system, as it is my understanding that the OP is currently on a tourist visa.


----------



## CCMS (Oct 10, 2013)

aussiesteve said:


> Do you think it is wise to publicly discuss strategies that while they may be legal some people such as myself find to not be in the spirit of the system, as it is my understanding that the OP is currently on a tourist visa.


 I just asked Wesley to clarify his previous comment and responded to his explanation. It was partly in response to your comment that we seemed to disagree on the issue.

I am not suggesting for one moment that the OP should consider this pathway or that she even will be able to do so.

The MI pathway is very much in the spirit of the system, if used correctly. The guidelines for MI applications are also quite clear.


----------



## aussiesteve (Mar 16, 2012)

CCMS said:


> I just asked Wesley to clarify his previous comment and responded to his explanation .
> 
> I am not suggesting for one moment that the OP should consider this pathway or that she even will be able to do so.
> 
> The MI pathway is very much in the spirit of the system, if used correctly. The guidelines for MI applications are quite ckear.


I just feel that applicants using the tourist visa to gain entry and the applying onshore for another visa are making it more difficult for genuine tourist visa applicants.
Just this afternoon I heard of a young woman being refused a 600 visa as they believed she would try and stay.


----------



## CCMS (Oct 10, 2013)

aussiesteve said:


> I just feel that applicants using the tourist visa to gain entry and the applying onshore for another visa are making it more difficult for genuine tourist visa applicants. Just this afternoon I heard of a young woman being refused a 600 visa as they believed she would try and stay.


That is a totally different issue. Ministerial Intervention is quite a complex procedure and is only used where compelling and compassionate circumstances exist, more or less outside the control of the applicant.If that is the case then it's irrelevant what visa the applicant is on.I can't imagine that many people would apply for a tourist visa with the intention of applying to the Minister directly through a long and costly procedure.

As for tourist visas in general. I agree that it is unfair that people with completely honourable intentions are being refused visas. It is based on a risk assessment system, which is obviously far from perfect. In reality it means that people from first world countries can come to Australia on tourist visas and apply for a further visa in Australia while people from developing countries cannot.

I have done several MI requests. In all cases the applicants were totally deserving and visas were granted. I have no issue with that whatsoever.


----------



## aussiesteve (Mar 16, 2012)

CCMS said:


> I have done several MI requests. In all cases the applicants were totally deserving and visas were granted. I have no issue with that whatsoever.


Well we will agree to disagree ☺


----------



## CCMS (Oct 10, 2013)

aussiesteve said:


> Well we will agree to disagree ☺


 No problem at all. My clients were very happy and so was I!!


----------



## aussiesteve (Mar 16, 2012)

CCMS said:


> No problem at all. My clients were very happy and so was I!!


I am sure you would be as I presume you don't work pro bono.


----------



## CCMS (Oct 10, 2013)

aussiesteve said:


> I am sure you would be as I presume you don't work pro bono.


 I do at times. Do you ? I


----------



## wrussell (Dec 31, 2014)

I adopt the same attitude as the minister. If it is legal and it suits me I will do it. I could not care less about the 'spirit of the system' only what is legal. The minister of course has the advantage of being able to change laws that do not suit or regulations, or issue directives to confound ordinary people who have followed all the rules and done the 'right thing' sometimes with retrospective effect.


----------



## aussiesteve (Mar 16, 2012)

CCMS said:


> I do at times. Do you ?


Yes I do but not in the immigration field.
It certainly gives you a sense of purpose and hightened empathy with those you are working with.


----------



## CCMS (Oct 10, 2013)

aussiesteve said:


> Yes I do but not in the immigration field. It certainly gives you a sense of purpose and hightened empathy with those you are working with.


I was particularly happy about the outcome of the Ministerial Intervention cases, because the clients were in a terrible situation through no fault of their own . It was very gratifying to see justice done. It's not just about the money, you know.


----------



## aussiesteve (Mar 16, 2012)

wrussell said:


> I adopt the same attitude as the minister. If it is legal and it suits me I will do it. I could not care less about the 'spirit of the system' only what is legal. The minister of course has the advantage of being able to change laws that do not suit or regulations, or issue directives to confound ordinary people who have followed all the rules and done the 'right thing' sometimes with retrospective effect.


To each their own.


----------



## wrussell (Dec 31, 2014)

The OMARA took the trouble to report to the Australian Tax Office that my fees for various years were suspiciously lower than their published 'industry average'. They were ably abetted by the DIBP that had incorrectly informed the ATO about the number of application I had lodged. I usually do not answer the telephone, but I thought I should return the call when the ATO left a message. I had a delightful conversation about fees with a lady from the ATO. $250 to lodge a 410 application? Having previously lodged a 410 for the same client all I had to do was change a date on two forms, have them signed and give them to my client to pop in Express Post on his way home. $250 for 15 minutes work seemed fair to me. If I run a case that has to go to review due to a DIBP stuff up, I do so pro bono and I undertake other pro bono work so my 'average fees' are lower than the industry average. The ATO was completely satisfied, at least the lady was.

The following appears on all my service agreements:

WARNING
The OMARA is an essentially useless office that is part of the Department of Immigration and Border Protection and I have told them so repeatedly. With the stroke of a pen the minister can terminate them all as easily as s/he can terminate a perfectly valid visa application. The OMARA can do nothing about unregistered agents overseas or parliamentarians or DIBP officers who give, often incorrect, migration advice in Australia, or education agents who give catastrophically incorrect migration advice under the table. About all the OMARA can do, having received a complaint, is haul a registered migration agent over the coals - after the event. They cannot order repayment of money lost. They can do nothing when the minister (The Terminator) changes the rules in the middle of the game or one of his delegates or 'designated authorities' bungles your case. By the way, the 'average fee' misinformation published by the OMARA is just that.


----------



## CCMS (Oct 10, 2013)

As a final note on this topic from my side:

There is no provision for a sc. 309 applicant to be granted a partner visa when the sponsoring partner has died before the sc. 309 visa has been granted.

The OP may well have other options available to her. 

I would presume that it would not be too hard for her to extend her current tourist visa, if required,so she can make whatever arrangements she has to make and decide what she wants to do re. her stay in Australia. 

If the tourist visa has condition 8503, I'd say she has solid grounds for a waiver.


----------



## Samanthayang (May 31, 2014)

So sorry for your loss !
God bless you !
Even though I am a stranger, I still can somehow feel your pain and wish you all the best !


----------



## asti (Sep 17, 2014)

I am so sorry for your loss.


----------



## ticotraveller (Mar 24, 2015)

CCMS said:


> As a final note on this topic from my side:
> 
> If the tourist visa has condition 8503, I'd say she has solid grounds for a waiver.


Thanks. The visa does not have the 8503 condition. Furthermore, it is multiple entry and has a 6 month stay on entry to Australia. I have to leave Australia on June 11th, but I believe if I make a trip to, say, New Zealand, on June 1st and come back to Australia before June 11th, I would be able to legally stay for 6 more months.

At this point I have no idea what I will do, but chances are that will need to stay in Australia until I sort my life out and decide what to do.

The immigration agent has not yet replied and it has almost been a week. Am I too naive in thinking they will eventually reply?


----------



## ticotraveller (Mar 24, 2015)

wrussell said:


> The 309 will be refused. If the applicant is onshore then further application followed by MRT then ministerial is a possible strategy. It has been used successfully.


Hmmm...this is not looking favorable at all...the timing is the worst as the application had been finalized, I just had to leave Australia to find out if it had been granted.

I am onshore at present - can you please elaborate more on 'further application followed by MRT then ministerial'? I got completely lost on that one.

Thanks for your feedback.


----------



## CCMS (Oct 10, 2013)

ticotraveller said:


> Hmmm...this is not looking favorable at all...the timing is the worst as the application had been finalized, I just had to leave Australia to find out if it had been granted. I am onshore at present - can you please elaborate more on 'further application followed by MRT then ministerial'? I got completely lost on that one. Thanks for your feedback.


The application won't actually be decided until you leave the country. If the DIBP has been notified of your partner's passing they'd have to take that into consideration when making their decision.

The Ministerial pathway is complex. I'll leave it to Wesley to explain, since he first brought it up.


----------



## wrussell (Dec 31, 2014)

CCMS said:


> The application won't actually be decided until you leave the country. If the DIBP has been notified of your partner's passing they'd have to take that into consideration when making their decision.
> 
> The Ministerial pathway is complex. I'll leave it to Wesley to explain, since he first brought it up.


The only further advice I am able to post on a public forum is to avoid having a partner visa refused while you are onshore.


----------



## ticotraveller (Mar 24, 2015)

wrussell said:


> The only further advice I am able to post on a public forum is to avoid having a partner visa refused while you are onshore.


Thanks...my best bet at this point is to talk to an immigration lawyer to fully understand where I stand and to see on whether I should take the trip to Singapore I had originally planned.


----------



## CCMS (Oct 10, 2013)

ticotraveller said:


> Thanks...my best bet at this point is to talk to an immigration lawyer to fully understand where I stand and to see on whether I should take the trip to Singapore I had originally planned.


Definitely!


----------



## ticotraveller (Mar 24, 2015)

Just as a follow-up on this. I met with immigration lawyer and basically he tells me that I am stuffed. The 309 would've been granted when I left the country and would have been valid if I had come back to Australia on that 309 if my partner had been alive.

Since the 309 was never officially granted since I did not leave Australia and my partner died, then they will ask me to withdraw the visa application as it won't be granted under these circumstances. 

Weird thing is that they have not asked me to do this and it has been 8 working days since I notified them about it. It could be that the assigned agent is busy and catching up after Easter break. It could also be that they are waiting for me to leave Australia. 

Either case, I'm off to Singapore as I originally planned and will let them know when I am there. At this point I just want a no or a yes so I can plan the rest of my life.

Hope this helps someone under similar circumstances in the future.


----------



## Mish (Jan 13, 2013)

Oh that sucks . I know that they have to follow legislation but still it sucks.

Please keep us updated on what happens when you hear from the case officer.


----------



## Kah86k (Aug 4, 2013)

I'm so sorry! This must be very hard for you. You lost your partner and now you also ave to leave the life you built behind. You are in my thoughts and prayers.


----------



## Hassali.abdi (Jul 28, 2014)

Actually, you are under trial and faced a hard time. Take heart my sister and try to forget everything that passed and focus on the future. Your life matters alot now. And you are in my thoughts and pray for you in this difficult period.


Lets know how things happen from DIBP side. I wish they just grant you the visa in surprise and miracle. It is very simple for them just to give you the visa as condolenses. 

But be strong and God will be on your side. Go ahead and build you life. 


Regards
Hassan


----------



## ticotraveller (Mar 24, 2015)

Hi,

Final update on this: I was contacted by the department and indeed informed me that due to my partner's passing, I did not meet the criteria for the visa. They allowed me to withdraw the application in order to avoid having it refused and affecting any future visa I might choose to apply for.

I have some time to think and sort out what I would like to do in the long run. I really don't want to apply for further visas at present, but eventually when things sort out I might try the Skill Worker Migration visa and see how that goes.

Thanks all for wishes and replies.


----------



## aussiesteve (Mar 16, 2012)

ticotraveller said:


> Hi,
> 
> Final update on this: I was contacted by the department and indeed informed me that due to my partner's passing, I did not meet the criteria for the visa. They allowed me to withdraw the application in order to avoid having it refused and affecting any future visa I might choose to apply for.
> 
> ...


Sorry to hear the inevitable, but at least they let you withdraw your application, which does help for later.
Good luck for the future.


----------



## Valentine1981 (Sep 13, 2012)

Tico - it may be worth checking with one of the agents on this forum but I believe under your specific circumstances you are eligible for a refund of the visa fee - while no amount of money can possibly make what you are going through any easier,it may help with the costs of putting your affairs in order.


----------



## Hassali.abdi (Jul 28, 2014)

ticotraveller said:


> Hi,
> 
> Final update on this: I was contacted by the department and indeed informed me that due to my partner's passing, I did not meet the criteria for the visa. They allowed me to withdraw the application in order to avoid having it refused and affecting any future visa I might choose to apply for.
> 
> ...


Dear Tico

Sorry for all these. I would confidently advise you to withdraw the application. This will avert any difficults or ban on future visa you may apply as suggested by the department.

To add on what Valentine suggested, I would also sugget to request for refund as "death" is one of the few circumstance under which refund is made according to the department.

Wish you the best.


----------



## Maggie-May24 (Jul 24, 2011)

Unfortunately I think death of the applicant qualifies for refund, not death of the sponsor. I hope you're able to find another solution to allow you to stay.


----------



## Hassali.abdi (Jul 28, 2014)

Maggie-May24 said:


> Unfortunately I think death of the applicant qualifies for refund, not death of the sponsor. I hope you're able to find another solution to allow you to stay.


Maggie,

I was also thinking of whose death is considered? The applicant or the sponsor, whose payment is refund? The applicant if is the one who paid or the sponsor if is the who paid the fee? The agents and the other seniors may hammer more on this.

Hassan


----------



## wrussell (Dec 31, 2014)

Hassali.abdi said:


> Maggie,
> 
> I was also thinking of whose death is considered? The applicant or the sponsor, whose payment is refund? The applicant if is the one who paid or the sponsor if is the who paid the fee? The agents and the other seniors may hammer more on this.
> 
> Hassan


That is correct.

It would be possible to seek an ex gratia payment from the minister.


----------



## ticotraveller (Mar 24, 2015)

Valentine1981 said:


> Tico - it may be worth checking with one of the agents on this forum but I believe under your specific circumstances you are eligible for a refund of the visa fee - while no amount of money can possibly make what you are going through any easier,it may help with the costs of putting your affairs in order.


Thank you...I have written them to see if this is possible....it would be great to get the visa application money back. Will let you know what happens.


----------

