# 801/802 visa after breakup relationship



## lotus000 (Jul 5, 2015)

G'day -I need urgent advice regarding my situation. -I was granted partner permanent Visa in early 2014. -My partner ( she sponsor me for my visa ) broke up with me after 6 months of visa granted. - at the moment I am Australian citizen - I am in A new relationship with another girl who is not an Australian citizen and my attention is to sponsor her for 801/820 visa, can I do that ? - do I have any conditions on me? Weather I can sponsor or I cannot sponsor her, Or I cannot sponsor for certain period of time? Please advice  Appreciate that


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## CCMS (Oct 10, 2013)

Since you were sponsored yourself on a partner visa, you will be subject to the 5 year sponsorship limitation. The 5 years will be counted from the date your sc. 820 visa was lodged until the date the next partner visa will be decided.


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## lotus000 (Jul 5, 2015)

Thanks for reply 
My 820 was submitted in late 2011 and permanent visa was granted jan 2014. Does it mean I cannot sponsor my new relationship until 2016 ( five years)?

Is there any way to wave that condition? Like if my partner is pregnant ?


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## lotus000 (Jul 5, 2015)

Has anyone gone through this kinda process ?


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## CCMS (Oct 10, 2013)

lotus000 said:


> Thanks for reply
> My 820 was submitted in late 2011 and permanent visa was granted jan 2014. Does it mean I cannot sponsor my new relationship until 2016 ( five years)?
> 
> Is there any way to wave that condition? Like if my partner is pregnant ?


That's correct, you'd be barred until late 2016. Waivers are considered on a case by case basis. While long term relationships, especially with children might do the trick, I doubt that pregnancy will be considered compelling enough.

Problem with waivers is that you have to lodge the application at the same time as requesting a waiver. If the waiver is refused, you've done your dough !


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## lotus000 (Jul 5, 2015)

Make sense thanks


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## syd (May 13, 2014)

CCMS said:


> Since you were sponsored yourself on a partner visa, you will be subject to the 5 year sponsorship limitation. The 5 years will be counted from the date your sc. 820 visa was lodged until the date the next partner visa will be decided.


I think immigration needs to increase the time limit for sponsorship in these cases to 10 years!:roll eyes: Some of these cases seem like an abuse of the system.


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## Mish (Jan 13, 2013)

syd said:


> I think immigration needs to increase the time limit for sponsorship in these cases to 10 years!:roll eyes: Some of these cases seem like an abuse of the system.


Not a bad idea....

They could also follow America on a few things too in regards to citizenship.


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## CCMS (Oct 10, 2013)

syd said:


> I think immigration needs to increase the time limit for sponsorship in these cases to 10 years!:roll eyes: Some of these cases seem like an abuse of the system.


Unless it is blatantly obvious, I leave it to the DIBP to judge if any particular case is an abuse of the system and therefore not genuine.

All I can do is advise people what the requirements are and how to meet them.

Apart from any scams, I suspect that the divorce/ relationship breakdown rate amongst partner visa applicants may be higher than the already high rate amongst the general population for a variety of reasons.


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## ampk (Sep 21, 2013)

In many cases I can see a forced long waiting apart and high cost of visa - a very good start of relationship break downs.

There are good statistics that separation and finance issues greatly effect relationships. These are 2 things the Immigration have been working very hard on for a number of years now. (You wait much longer and spend much more)


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## chicken999 (May 2, 2013)

I find it suspicious when a foreigner marries an Aussie, breaks up after p.r then the person sponsors someone from their own country. In relation to Africans it's well known an original African wife is very happy to wait out the "two years of hell" as its commonly known, for the Aussie-African marriage to break up. I agree it should be a ten year ban on sponsoring someone else.


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## CCMS (Oct 10, 2013)

chicken999 said:


> I agree it should be a ten year ban on sponsoring someone else.


Why should genuine cases who have done nothing wrong have to suffer because of the actions of an unscrupulous minority?

There already seems to be increased scrutiny for the stage 2 application, but the system will never be 100 % fool proof.


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## syd (May 13, 2014)

CCMS said:


> Why should genuine cases who have done nothing wrong have to suffer because of the actions of an unscrupulous minority?
> 
> There already seems to be increased scrutiny for the stage 2 application, but the system will never be 100 % fool proof.


The good suffer for the bad all the time; that's not new. Perfect example, I get more scrutiny due to my nationality and to get a visitor visa I had to provide a lot more proof than nationals of 'low risk' countries.

IMO, sponsorship requirements need to be tightened in this area. At the minimum, the 5 year waiting period should begin when PR was granted.


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## CCMS (Oct 10, 2013)

I suppose it was envisioned originally that the 5 year period would be long enough to prevent/ discourage fraudulent "multiple sponsorships". 

It is also likely that applications by people who have sponsored previously or have been sponsored themselves are subject to additional scrutiny.


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## travellor (May 3, 2014)

chicken999 said:


> I find it suspicious when a foreigner marries an Aussie, breaks up after p.r then the person sponsors someone from their own country. In relation to Africans it's well known an original African wife is very happy to wait out the "two years of hell" as its commonly known, for the Aussie-African marriage to break up. I agree it should be a ten year ban on sponsoring someone else.


100% Back you up on this.......if you read thru the forums as long as i have in the past, there is definitely a pattern but it would be too PC to name the countries.....


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## chicken999 (May 2, 2013)

Lol well I guess I can be politically incorrect as I'm married to a Ghanaian and I know soooooo many Nigerian-Aussie marriages where this has specifically happened and been planned with the cooperation of the original Nigerian wife. In most cases if the Aussie has visited Nigeria they will be introduced to the wife who will be passed off as a friend or cousin. I know all this as I was married to a Nigerian and have visited Africa a few times. Thank god I never applied for a visa for the Nigerian husband or I would be in the same boat now.


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## chicken999 (May 2, 2013)

CCMS said:


> Why should genuine cases who have done nothing wrong have to suffer because of the actions of an unscrupulous minority? There already seems to be increased scrutiny for the stage 2 application, but the system will never be 100 % fool proof.


That's my point. How genuine are they? Why don't they look for a new relationship amongst other Aussies here, if they were attracted to Aussies in first place. But I've found this to be rare. It's much more common to look back home for a new wife and bring them over.


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## Mish (Jan 13, 2013)

The thing I find interesting is .... if they are with someone and they have a child together and are having marriage troubles why do they stay with them until after PR if they can get PR because they have a child of the relationship?

I heard recently of someone who mentioned he can't see staying with his wife forever (they have a child together). For some reason I had this gut feeling even before they got married he was using her for a visa  Time will tell.....


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## chicken999 (May 2, 2013)

Mish said:


> The thing I find interesting is .... if they are with someone and they have a child together and are having marriage troubles why do they stay with them until after PR if they can get PR because they have a child of the relationship? I heard recently of someone who mentioned he can't see staying with his wife forever (they have a child together). For some reason I had this gut feeling even before they got married he was using her for a visa  Time will tell.....


They stay cause it's easier and quicker to wait out the two years and get the p.r. Yes they might win at Mrt if they have a kid but it's a long wait and expensive with the lawyer. Their goal is to get pr as quick as possible so they don't want long delays at Mrt


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## Maggie-May24 (Jul 24, 2011)

Regardless of the rules, there will always be those who use fraudulent ways to get a visa. I don't see any issue with a 5-year wait for a second sponsorship, and a limit on 2 per lifetime. 10 years would be ridiculously long if someone has re-married and has to wait years before they can sponsor. If they're going to tighten up rules, I'd rather they do away with the relationship registration as it's not available consistently across the country, and seems a lot of people consider it an easy piece of paper to turn dating into a de facto relationship.


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