# break up after lodging application for partner visa onshore - what happens?



## JamesK (Sep 7, 2013)

Hi there,
I've been thinking about posting this questions for a little while because of the embarrassment... but well, I decided to register to this forum and give it a try 

Me and my aussie gf have been together in the UK for 4 years (we can prove it) and are now moving back to her home town in Australia.

Once there, we'll apply for a partner visa onshore.

In this past four years she left me a couple of times and I'm afraid she can do it again once we arrive to Australia and I pay the $4,000 fee for the partner visa.

So my question is,
what will happen to me if we break up *after* I pay for the partner visa and *before *the visa has been granted (i.e. while I am on a BV)?

Will I need to leave the country?
Can I still work? or maybe try to get a work sponsorship in order to stay?

Thanks
Jamie


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## GBP (Jun 1, 2013)

Once your relationship breakdown, there is no ground for your BV. So, you will have to leave the country.


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## JamesK (Sep 7, 2013)

GBP said:


> Once your relationship breakdown, there is no ground for your BV. So, you will have to leave the country.


Hi thank you for your reply.
So basically if my gf leaves me I need to leave the country straight away?
I mean, how do the immigration office know she left me (unless she tells them)? Can't I still try and look for a job in the meantime?

I mean I just don't want to feel like she can control my destiny


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## Whitney (Jan 4, 2013)

You are both (you and gf) required by law to inform the DIAC within 28 days of your relationship breaking down. Failing to do this is fraud. After the sponsorship is withdrawn (by your partner) or the application is withdrawn (by you) you will have 28 days to leave the country or lodge an application for another visa.

Because you are concerned and sound hesitant to take this step I suggest you explore other options for Australian visas that you may be able to qualify for on your own. The visa wizard on the DIAC website if a great place to start.


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## GBP (Jun 1, 2013)

When the relationship breakdown, the applicant and the sponsor need to notify the DIAC. 
Then you will have 28 days to leave the country. After that 28 days, you will become unlawful citizen in Aus if you still remain.

To be honest, even with a PR, it is not easy to search for a job. So...

Explore other option:
http://www.immi.gov.au/visawizard/


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## JamesK (Sep 7, 2013)

Thanks everyone for the help.
I didn't know about the 28 days rule, so thanks.

I'm over 30 and not eligible for a working holiday.
I don't have an employer sponsor.
I cannot afford the ridiculously high student fees for TAFE or University.

I've been researching on the immigration website but I can't see any other option for me for a visa than the partner (and the tourist of course).

Any suggestion?

PS.
If it matters, I work in marketing/advertisement but I'm also willing to do waiter/sales assistant job at the beginning if necessary.

Thanks!
Jamie


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## JamesK (Sep 7, 2013)

Also, what if she leaves me after my visa is granted? do I still need to leave Australia in 28days?

Thank you very much for your help!


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## Lexi77 (Sep 6, 2013)

Hey Jamie.

Firstly I would not apply for the partner visa if I were you. Applying for it takes time and effort and you'll only want to do this if you really love each other and are committed- it's harder than applying to get married! 

Secondly you mentioned you work in advertising. There are tons of media jobs out there right now, where in Australia are you thinking of living? I know plenty of media agencies that sponsor experienced people its just a matter of finding them.


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## JamesK (Sep 7, 2013)

Lexi77 said:


> Secondly you mentioned you work in advertising. There are tons of media jobs out there right now, where in Australia are you thinking of living? I know plenty of media agencies that sponsor experienced people its just a matter of finding them.


Thanks Lexi,
we're going to Sydney.

It would be great to find a job in adverts. But my question is:

we're going to sydney in 2 weeks, I've already booked my flight and am entering with a tourist visa. Our plan was to apply for a partner visa once there.

Will I be able to stay on a tourist visa and then find a sponsor over there and change my visa on the go?

Thanks a lot


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## CollegeGirl (Nov 10, 2012)

James,

Quite honestly, I'm really concerned about this. You're moving to another country to be with a partner who you don't trust not to break up with you? That's... scary. You said you just don't want to feel like she can control your destiny. Giant trust issues aside (and that really is a big problem), she does not control your destiny - but your relationship DOES.

A partner visa is based on you two being partners. If she breaks up with you while the visa is being processed - you lose the money, and as stated above, you have 28 days to leave. It looks to me though like if you can evidence four years of living together in the UK that you'd probably go straight to the permanent visa. So IF that happens, once the visa is granted you would have permanent residency - and would have all the rights that come along with that (living and working in Australia permanently).

But do keep in mind that onshore partner visa processing times are 18 months on average right now, so that's quite a bit of time for something to potentially go wrong if you aren't sure of each other.

Skilled visas aren't my area of expertise, but have a look at the CSOL and SOL lists. If your profession is on the SOL, it's my understanding possible you may be able to qualify for skilled permanent residency on your own. If it's on the CSOL, it's my understanding you'll need a sponsor (state or company). There are also educational and experience requirements that have to be met as well.

Unfortunately, though, these sorts of applications are usually done offshore, I think - I'm not sure if you can do it onshore. I know you can't work at all on a tourist visa - I'm not sure if you can look for a sponsor while you're on one or not.


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## JamesK (Sep 7, 2013)

CollegeGirl said:


> James.


Hi CollegeGirl and thanks so much for the thoughtful reply 
I appreciate it.

So, my job is in the CSOL list and should be assessed by vetassess or something like that.

My ticket to Australia is in 14 days so I'm afraid I'm too late to apply offshore. And anyways you said I would need a sponsorship before I apply...

I was wondering, what if I pay for the partner visa and get a bridging visa. Then, once on the bridging visa I look for a sponsor and change my visa from bridging visa to work visa?

Is that possible?
I think I've read somewhere that for employers is difficult to sponsor someone on a bridge visa?

I don't know if it's better to just stay on a tourist visa until I find a sponsor and my finances can allow me to then getting a bridging visa...
What do you think?

Thanks a lot everyone!
J.


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## Lexi77 (Sep 6, 2013)

JamesK said:


> Hi CollegeGirl and thanks so much for the thoughtful reply
> I appreciate it.
> 
> So, my job is in the CSOL list and should be assessed by vetassess or something like that.
> ...


It sounds a lot like you don't even expect to stay on the partner visa at all? I wouldn't apply for it if you, as CollegeGirl said, have trust issues. Just come on a working holiday visa and go from there would be my advice.


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## CollegeGirl (Nov 10, 2012)

I think you would have a much better chance of finding employment on a Bridging Visa than you would on a tourist visa, because employers know you are NOT allowed to work on a tourist visa. The rest of it - I honestly don't know. There are a lot of unusual circumstances to what you're proposing doing and I simply don't know enough about skilled visas to tell you what's possible, what's feasible, and what's not. I hope someone can come along and advise you. If not, it may be worth a consultation with a MARA-registered migration agent to make sure you don't leave yourself with no options.


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## JamesK (Sep 7, 2013)

Lexi77 said:


> It sounds a lot like you don't even expect to stay on the partner visa at all? I wouldn't apply for it if you, as CollegeGirl said, have trust issues. Just come on a working holiday visa and go from there would be my advice.


Hi Lexi,
I'm more than 30 and cannot go on a working holiday.
What about those media agencies you were talking about?

Thanks


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