# Breakdown of relationship (Subclass 820)



## mto (Mar 30, 2012)

Hello,

My partner and I have granted defacto partner visa (provisional permanent visa) subclass 820 in Jan 2012, but he said he wants to break up with me after few weeks. He said he sent the letter to the immigaration on the 8 th March 2012 to inform that our relationship is ended and, he forced me to provide my friend's address in Japan to the immigration because he didn't want me to stay in Australia and told me to go back to my country soon. (I am from Japan)
He was very emotional and mentaly unstable at the time. He punched our funiture and cried a lot. I had no idea what was going on and got confused and sacred of him because it was just after I got the visa and the time to build our life together in Sydney, Australia.
But, after a week, living separately, I started to search the way to remain in Australia legally because my life is already in Australia. I sent the letter to the immigration to tell my real new address in Sydney on the 13th March 2012. I have heard that the immigration will contact to my partner and me to confirm if the breakdown of the relationship is ture or not, but they have not contacted me yet. In the case, if I couldn't apply any other visas, I probably have to leave from Australia by 28days, but when does the immigration count the 28days? Do they count 28days from the date my partner sent the letter on the 8th March?

I can't contact to my partner anymore. He neither picks his phone nor reply to emails. He kicked me out from our apartment on the 8th March after he sent the letter to the immigration. 

Please give me advice.
Regards,
mto


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## Boboa (Mar 24, 2009)

I'm sorry to hear about your situation. While I'm not an expert I don't think you have 28 days from your partners letter date. Usually DIAC sends a letter which explains what to do, after they investigate truth of breakdown. 
The very good thing is, you showed good intent and contacted DIAC. This is a big positive point in your favor, a lot of people forget that. If people don't contact DIAC, the department might take that as "intention" to evade visa conditions. Make sure you keep a copy of all your correspondence with DIAC. 
You can try and call them to get more information. 
Some states provide free family related legal advice (like legal aid in NSW), might be work going there and checking what they can help you with. 
Did you think about WHV?


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## mto (Mar 30, 2012)

Thank you so much for your advice, Bodoa.

Unfortunately, I already have used WHV 6 years ago in Australia. I have been thinking to go back to Unviersity while working once again after I have got the partner visa to improve myself and learn Australian Education and Culture, so I am thinking to switch my partner visa to a student visa if it's possible and able to do it while living in Australia without being out of Australia once. I also need to know when my partner visa will expire, so I will probably go to DIAC and get more information.
I have no idea how long does it take until DIAC will send us the letters after they recieve our letters and what happends if the letter to me doesn't arrive to my new address by accident or some mistakes, so I have been waiting with worry. I should make things clear by myself, not just waiting with worry. Yes, I will keep all of copies that I used to contact to DIAC.

regards,
mto


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## aussiegirl (Dec 15, 2009)

Hi mto,

I'm really sorry about what has happened. I know you must be very scared right now, but you have to get help as soon as you can so that any chance you have of staying in Australia is increased.

You said that your partner lost his temper and was punching furniture - did he ever hit you, or say or do anything threatening to you? If he has abused you, either emotionally or physically, you should report it to DIAC. Women who are abused may be able to get the permanent visa and remain in Australia so you need to let immigration know if this is true in your case.

This is what the DIAC website says:

_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 fulfi l 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 know it may be expensive, but you should consider talking to a migration agent to see what your options are.


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## ipepl (Dec 21, 2010)

Hi there, I got subclass 820 visa on Nov 2011 me & my wife living together happily unfortunately April 2013 had argument together went to police station I was bit upset due to not getting any job so I told the police officer I want go back to my country, my wife got angry came back home reported to DIAC & She didn't inform me. I don't know anything about that but we are continuously living together happly unfortunatly yesterday I got letter from DIAC reg "opportunity to provide comments on information provided to the department that your relationship has broken down". My wife got letter from DIAC saying that " I conform that the department has received your recent notification that you wish to withdraw your nomination. Your information has been noted on official Departmental records. This fulfills your obligation in reg to the visa application" so we don't know what to do we love each other we want live together we got commitment like running business, commercial vehicle loan repayment etc..
Pls kindly advice us what we have to do & what will happen next


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## CollegeGirl (Nov 10, 2012)

She forgot you were living together? Huh? 

Anyway, that aside - all you can do is call DIAC and say you are back together. Ask if there's anything you can do at this point, or any evidence you can provide to verify that. I don't know how they handle these things, unfortunately, so I don't know what will happen. 

If it's an option, you might be better off talking to a migration agent to make sure you have the best chance.


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## ipepl (Dec 21, 2010)

Thanks for your reply. 

We appointed migration agent n he said he ll contact DIAC then let me know


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## ipepl (Dec 21, 2010)

Hi there
I submitted all documents for 2nd stage partner but now the CO sending the following letter to my wife so pls help me to respond. 
I have received the documentation which you and your partner have sent to me including the letters from both of you however I note that you have not addressed your previous claims made on the Family Violence (FV). I would appreciate if you could respond to me as to the aspects of your relationship with the applicant and whether you will be providing any documentation or proceeding with the FV claims.


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## Cezzy84 (Aug 8, 2011)

Are you still living together in a defacto relationship?


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## ipepl (Dec 21, 2010)

When we had argument I told my wife thatI m going back so she reported to immi but me & my wife live happly from next day together as a married couple. 
My wife written letter to immi saying that also then immi processed my second stage.


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## Cezzy84 (Aug 8, 2011)

From what you said above it sounds like immigration haven't finished processing your visa otherwise you wouldn't be asking about what information they're looking for?

To be honest it all sounds a bit messy. After your argument with your wife, when she withdrew her sponsorship for you, did she get a migration agent or tell immigration that you had got back together?

I don't really know where the family violence provision stuff came from, unless you told immigration that you were being abused by your wife?


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## ipepl (Dec 21, 2010)

Cezzy thanks for the message. Once got notification from immi we went to agent, he communicated n send letter from my wife explaining about togetherness. Then immi processed my 2nd stage. After submitting 2nd stage all documents n evidence about our togetherness. Immi asked to provide statutory Declaration reg the incident we clearly explained every thing on that. Again CO called my wife spoke to her asked to write she did. Now again Co asking


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