# break up during TR



## carlii (Oct 24, 2011)

Hey Guys, 
I am not quite sure what to do. I moved here for my australian boyfriend and we recently broke up. I got my temporary residence in May 2011.
Neither me nor my ex have notified anyone in Immigration about this change.
So, I am a little lost- I can apply for a PR in May 2012, and I do remember that when we lodged all documents the lady told me that I can still apply for a PR if we break up.

This is realy heart breaking for me this whole situation.
Anyone has ever had any experience or heard anyone applying for PR also after the break up?

thank you


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## missmullen (Jun 9, 2011)

Hi,

I'm sorry to hear of your break-up.

Page 50 of the partner Booklet provides the following information:

_
If your relationship ends with your partner, you must inform the department
immediately. If in Australia, you may still be eligible to be considered for and granted a
permanent Partner visa in Australia so you may not be required to leave Australia.

Temporary Partner visa holders
If your relationship with your partner ends while you have a temporary Partner visa
(subclasses 820 or 309), you may still be eligible for the grant of the permanent Partner
visa without having to fulfil the usual two-year waiting period if:
• after you have entered Australia as the holder of a Partner visa (subclass 309), your
relationship breaks down and either you or a member of the family unit of yours or
your partner are the victim of family violence committed by your partner; or
• after you were granted a Partner visa (subclass 820), your relationship breaks down
and either you or a dependent child of yours or your partner are the victim of family
violence committed by your partner; or
• after you enter Australia your relationship ends and you have parental responsibility
for at least one child (under the age of 18 years) in respect of whom your sponsoring
spouse also has parental responsibility; or
• 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._

I would suggest that if none of the above applies, you would have difficult getting permanent residency. You should actually have already informed the DIAC of the fact that your relationship has ended.


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## carlii (Oct 24, 2011)

Thank you for your advise MissMullen.
it really is not the case for me- as there was do domestic violence.

I have also followed your advice and contacted the DIAC about this situation and they want me to go for a consultation in their office to talk about my 'options' 
so, we will see how it goes.
thanks again.


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## missmullen (Jun 9, 2011)

carlii said:


> Thank you for your advise MissMullen.
> it really is not the case for me- as there was do domestic violence.
> 
> I have also followed your advice and contacted the DIAC about this situation and they want me to go for a consultation in their office to talk about my 'options'
> ...


Hi Carlii

It sounds like you are dealing with this in a really proactive way and I have a lot of respect for you in the way you are handling yourself in this situation. I'm sure it's a position you never expected to be in  Take care of yourself.


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## Turboadam (Apr 19, 2011)

Please let us know how you go when you speak to them.


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## Vyktoria (Aug 18, 2011)

I'd like to add that you shouldn't be offended if they ask for proof. Police reports, pictures, etc. People tend to not believe when it comes to immigration because they have heard everything under the sun when someone tries to get around the rules. 

Now that's not what I'm saying you're doing. As a past victim of domestic abuse, I understand you can't bring yourself to call the police on the person you love and you know should love you. And nobody thinks of taking pictures of the marks. And you can't take pictures of emotional abuse. Your best option is to write down specific incidents for your CO so you can tell them exactly what happened.


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## missmullen (Jun 9, 2011)

Vyktoria said:


> I'd like to add that you shouldn't be offended if they ask for proof. Police reports, pictures, etc. People tend to not believe when it comes to immigration because they have heard everything under the sun when someone tries to get around the rules.
> 
> Now that's not what I'm saying you're doing. As a past victim of domestic abuse, I understand you can't bring yourself to call the police on the person you love and you know should love you. And nobody thinks of taking pictures of the marks. And you can't take pictures of emotional abuse. Your best option is to write down specific incidents for your CO so you can tell them exactly what happened.


Hi Vyktoria, you'll find that the OP said in their post above that they have not been subject to domestic violence so I don't think this is applicable in her case. Helpful to others though


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## carlii (Oct 24, 2011)

Vyktoria said:


> I'd like to add that you shouldn't be offended if they ask for proof. Police reports, pictures, etc. People tend to not believe when it comes to immigration because they have heard everything under the sun when someone tries to get around the rules.
> 
> Now that's not what I'm saying you're doing. As a past victim of domestic abuse, I understand you can't bring yourself to call the police on the person you love and you know should love you. And nobody thinks of taking pictures of the marks. And you can't take pictures of emotional abuse. Your best option is to write down specific incidents for your CO so you can tell them exactly what happened.


True, there was no domestic abuse. sorry for the misspelling in my earlier comment!

and MissMullen- thanks so much for your support!
life is life and I have to handle whatever it throws my way- especially this one. and you are right- definitely a situation i didnt expect i would get into. but worse things happen... i will at least try to keep my head up!

thanks again!!


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## Vyktoria (Aug 18, 2011)

Yeah I totally misread her post lol. It's been a long week haha.


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## Kev152 (May 23, 2012)

Hi

First post here!

I am in a similar situation where my relationship has sadly ended. I am from the UK and I'm on a 309 subclass temp de facto partner visa. My ex is Australian. It was granted in July 2011 for 2 years.

She contacted my case officer in the UK to inform them that the relationship has ended, and I more or less immediately received an email from the case officer informing me that they received confirmation it had ended. I have 28 days to respond, none of the three situations which they highlighted do not apply to me, ie: domestic violence, child involved or death of partner.

I have moved out of the house we lived in, changed address, contatced the DIAC of the change of address, which is now on file in Sydney.

I am in the process of compiling the history of our relationship from the point my visa was granted, and have been giving an email address to send it to in Queensland, and also, I am attaching a copy of a letter from my current employer with a reference detailing my work and character reference to assist me in any way.

I have looked into being sponsored by my employer for a 457 visa, but with no luck, as I do not possess a trade which would meet the criteria. I am a maintenance technician as a Groundman for a hospital. I would class myself as being a valued member of staff, with high standards and good work ethic. (But knowing the situation I find myself in, I guess this means nothing when it comes to staying in the country and continuing work and paying my taxes etc)

I am trying to remain 100% positive throughout this distressing time

My question/s is this. 

When I submit my relationship history, what would be the worst case scenerio I would be informed of that I could not stay in the country, and be sent back to the UK? On a positive side, what would be the kind of response I would expect to receive from my relation history and work status?

Although trying to stay as positive as can be, I am preparing for the worst. I love this country and my work on a daily basis, but I don't hold the cards to determine my future.

Thank you for reading.


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## owlface13 (Mar 28, 2013)

*Just wondering*



Kev152 said:


> Hi
> 
> First post here!
> 
> ...


Hi Kevin

Just wondering how you went with this situation as i am in a similar one and confused as what to do.

Thanks


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## Kev152 (May 23, 2012)

owlface13 said:


> Hi Kevin
> 
> Just wondering how you went with this situation as i am in a similar one and confused as what to do.
> 
> Thanks


Are you in aus and what is your situation?


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## owlface13 (Mar 28, 2013)

*Hi*

Yes I am still in Aus.....I am on my ex partners 457 visa. Have been since July 2010. He had numerous affairs behind my back. My work are unable to sponsor me. My life is here now and don't know what I can do!!


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## Kev152 (May 23, 2012)

owlface13 said:


> Yes I am still in Aus.....I am on my ex partners 457 visa. Have been since July 2010. He had numerous affairs behind my back. My work are unable to sponsor me. My life is here now and don't know what I can do!!


Could you please send me a private message briefly outlining me the situation you're in and where you are right now as far as your current state of play and I will reply via pm tomorrow if that's ok?


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## Marsa (Jun 7, 2013)

Hey guys! I am in a similar situation and seeking for an advice. My partner and I are still together, in Australia (I am on 309 de facto visa and have 1 year to go before the PR). Lately my partner started to behave in a quite disgusting way, using my dependance, as he knows I don't want to leave Aus and in fact have nowhere to go. He started to use insulting words and phrases towards me, even when we have a normal discussion, threaten me with a break up and in fact a few times he pushed me so that I met the wall. I never expected to be treated this way by the person I love, and have no idea how long I can handle it for, but I do understand if I don't leave him this will never end. I have a few episodes recorded on my iPhone when he insults me, but not when he actually pushes me. Also once he threw a hard wooden piece at me and I had a huge bruce on my lap, but I never called the police or went to a doctor to witness this. My question/s is: what options do I have atm and if I go to the immigration and tell them this, would be the phone records enough to prove that he is using violence and abuse, even if not physical but mental. Thanks for helping, I'm really confused with what to do!


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## CollegeGirl (Nov 10, 2012)

Marsa, if you are being abused you may be permitted to stay even if your relationship ends. I'm afraid you'll probably need more detailed help than most on this forum can provide, though. You may want to privately contact a migration agent who can help you further. Sometimes they'll do a consultation or answer a few questions for low/no cost. Good luck with getting out of your situation... it sounds awful.  So sorry you're going through that.


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## owlface13 (Mar 28, 2013)

Hi again,

How do I send you a personal message? would like to have a chat with you regarding our similar situations


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## cielo_bd (Sep 16, 2012)

hello, i came Australia only 6 mounts back but my relationship brake down already and i moved out 20.112.13. living separate .My wife wants to wothdrow my sponcer , i did not get any mail from DIAC Sedeney. i dont know where she will start hurting or damage me.
i m little sceard. She refuse to meet my son who is only 11 mounths old. 


What should be my 1st steps to Protsct me .? 
anybody help with any information ?


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## Mish (Jan 13, 2013)

cielo_bd said:


> hello, i came Australia only 6 mounts back but my relationship brake down already and i moved out 20.112.13. living separate .My wife wants to wothdrow my sponcer , i did not get any mail from DIAC Sedeney. i dont know where she will start hurting or damage me.
> i m little sceard. She refuse to meet my son who is only 11 mounths old.
> 
> What should be my 1st steps to Protsct me .?
> anybody help with any information ?


When you say "my son" is it her son too? If so you are going to have to see a family lawyer.

In regards to her withdrawing the sponsorship you are required to notify DIBP when the relationship breaks down and they give you 28 days to leave the country or apply for another visa. So if you want to stay you are going to have to find another visa to apply for.


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## chicken999 (May 2, 2013)

Did u have a child with another woman? Is this why ur wife refuses to meet 'your son'?


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## cielo_bd (Sep 16, 2012)

chicken999 said:


> Did u have a child with another woman? Is this why ur wife refuses to meet 'your son'?


 He is our son he is only 11 months old , currently living with her I think she still did not Notify DIAC for relationship brake down, i still not get any call or mail from DIAC
i wait or i go to immi ?


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## GBP (Jun 1, 2013)

You have to notify DIBP when the relationship broke down.


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## chicken999 (May 2, 2013)

Yes I must advise immi within 28 days


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## Cezzy84 (Aug 8, 2011)

Speak with a migration agent before you speak to immigration. If you have a son here and are on a partner visa then you may be able to stay in Aus.


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## ruben24 (Jan 13, 2014)

Kev152 said:


> Hi
> 
> First post here!
> 
> ...


Hi Kev152, I also am in this exact position, and looking at options. How did it turn out for you?


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