# 5 years limitation of partner sponsorship



## shawn (Nov 21, 2011)

Hello everyone

I have sponsored my ex-partner for visa 820 based on a defacto relationship. She has been granted her Temporary 820 visa in February 2012 and Permanent Partner Visa 801 in April 2014. Unfortunately, our relationship has actually broken down but we still live in the same house til date as the house was bought under both of our names. I also did not inform IMMI about the relationship status.

We are in the process of transferring the home ownership to myself now and she will not be claiming anything from the property. 

But I have actually met another partner from overseas in August 2014 and I am planning for our future. I'm aware that one can only sponsor a partner for every 5 years. However, when do they start counting the 5 years? From the date the previous 820 application was lodged or granted?

Also, as me and my ex-partner are still living in the same house and legally she is still my partner, what is the best way that I can prove to IMMI that our relationship has ended for (for eg: 30 June 2014) when I apply for PMV few years later with my new partner?

Cheers
Shawn


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## Mish (Jan 13, 2013)

Did you register the relationship? I believe you can lodge something with BDM to end it. 

The 5 years is from when you lodge the 820.

Does your ex plan to move out? It won't look good to DIBP if you are still sharing the same house.


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## shawn (Nov 21, 2011)

Mish said:


> Did you register the relationship? I believe you can lodge something with BDM to end it.
> 
> The 5 years is from when you lodge the 820.
> 
> Does your ex plan to move out? It won't look good to DIBP if you are still sharing the same house.


To be honest, we do think about getting married 2/3 years later but I'm thinking to apply for PMV at that time and get married in Australia instead. At the moment there's no proper registration of our relationship still. We are trying to visit each other every 3-4 months and going to keep records of all these travels. At later stage I also plan to open a joint account with her so I have some stronger evidence of our relationship.

The situation with my ex is pretty complicated. I'm trying to convince her to move out of the house then I do the transfer of ownership. And my settlement agent advised that I should have a statutory declaration & Financial Binding Agreement signed stating the date our relationship ended and she's not claiming any portion of my asset.

But now that you said the 5 years was from the date the previous 820 was lodge, which is December 2011, that means I can plan for the next sponsorship in December 2016. This is something pleased to hear at least


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## Maggie-May24 (Jul 24, 2011)

I think Mish was referring to your prior relationship and whether you'd registered that one. If so, it may be that there's something with BDM in your state to register that the relationship is ended. This way you can 'terminate' the relationship officially even if you haven't sorted out the house ownership and living arrangements.

Since you can't (in the eyes of DIBP) be in two mutually-exclusive relationships at the same time, you can't really use evidence of your new relationship until the old one has been terminated. So the sooner you can create that line in the sand, the better for your new sponsorship.


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## Mish (Jan 13, 2013)

I was referring to your ex not your current relationship as you said you are still classed as de factos. You need to deal with the current de facto issue first. DIBP would find it hard to believe that you are in a genuine relationship. 

I can't imagine your current partner is too impressed with you still living with your ex


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## shawn (Nov 21, 2011)

Me and my ex-partner were not register. We are going through a very difficult situation as she has no one in Australia and doesn't know where to move to. I wish to have a clear cut ASAP but she's being emotionally unstable and I do not want to make things worse now.

I've spoken with my solicitor and he said is best to get someone who live with us to sign a statutory declaration to proof that we live in the same house but different room. 

But I also believe that this will definitely affect my future application. So, the only way is to really get things sorted ASAP and cut it off.


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## Valentine1981 (Sep 13, 2012)

So you committed immigration fraud by not informing DIBP that the relationship was over so your partner could get a permanent visa she was not entitled to.....and now you want advice on how to lie on another application about when this relationship ended?!?!?!! Are you serious?!? 
No bloody wonder it's so hard for all the genuine applicants!!!!!!


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## waiting_is_happiness (Oct 3, 2013)

Sorry mate, but I personally don't like the smell of your plan, it stinks!


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## MissCookie (Sep 15, 2014)

Hi all!
What if the case is like this..

Sponsor - was sponsored before as Partner Visa way back 2009. Relationship ended (separated) 2011 but only got divorced 2014.

Can the person sponsor a PMV already?


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## Becky26 (Jun 18, 2013)

Valentine1981 said:


> So you committed immigration fraud by not informing DIBP that the relationship was over so your partner could get a permanent visa she was not entitled to.....and now you want advice on how to lie on another application about when this relationship ended?!?!?!! Are you serious?!?
> No bloody wonder it's so hard for all the genuine applicants!!!!!!


You wrote what I would've written to this post. My partner and I have been together 4 years, 15 months and counting since we submitted our application and still no sign of visa 
Makes me angry!!


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## EDT (Aug 22, 2014)

I would not say anything even I knew the solution to your problem. As valentine1981 said its people like you who are making things difficult for genuine applicants like us who have been away from our love ones for months or years. 

Marriage is for better or worst , just work out it or better find someone who has Aussie PR or citizenship. 

Anyway your story sound more like a visa business .


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## Valentine1981 (Sep 13, 2012)

And 10 minutes ago the OP edits the post to remove the part about how his ex got PR in April 2014 but the relationship ended in Dec 2013!!!!


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## Becky26 (Jun 18, 2013)

Valentine1981 said:


> And 10 minutes ago the OP edits the post to remove the part about how his ex got PR in April 2014 but the relationship ended in Dec 2013!!!!


Effing Ridiculous!!!!!


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## MissCookie (Sep 15, 2014)

Hi Valentine!
What if the case is like this..

Sponsor - was sponsored before as Partner Visa way back 2009. Relationship ended (separated) 2011 but only got divorced 2014.

Can the person sponsor a PMV already?


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## Valentine1981 (Sep 13, 2012)

I think as long as the first visa application was 5 years ago it is allowed . Not 100 % sure - maybe post in the Ask Mark thread


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## MissCookie (Sep 15, 2014)

Valentine1981 said:


> I think as long as the first visa application was 5 years ago it is allowed . Not 100 % sure - maybe post in the Ask Mark thread


Thanks so much !


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## Becky26 (Jun 18, 2013)

Valentine1981 said:


> I think as long as the first visa application was 5 years ago it is allowed . Not 100 % sure - maybe post in the Ask Mark thread


And wouldn't DIBP need a lot more convincing to approve another PMV/Partner Visa application when the last person the sponsor sponsored is now a holder of a PR visa and not in a relationship with the sponsor? 

Especially when they take so much paperwork and time to approve the first application, I can't even fathom how much more the second partner visa application would be scrutinized.
Good Luck to the OP!!


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## Mish (Jan 13, 2013)

Becky26 said:


> And wouldn't DIBP need a lot more convincing to approve another PMV/Partner Visa application when the last person the sponsor sponsored is now a holder of a PR visa and not in a relationship with the sponsor?
> 
> Especially when they take so much paperwork and time to approve the first application, I can't even fathom how much more the second partner visa application would be scrutinized.
> Good Luck to the OP!!


It sounds like it is the other way around (well to me anyway) as in the person who is the sponsor this time was the applicant on the previous visa.

But .... I agree with you Becky. There are so many people that enter into relationships for PR that someone that split around 2 years like in this case will raise serious alarm bells with DIBP. They are going to need a mountain of evidence.


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## Becky26 (Jun 18, 2013)

Mish said:


> It sounds like it is the other way around (well to me anyway) as in the person who is the sponsor this time was the applicant on the previous visa.
> 
> But .... I agree with you Becky. There are so many people that enter into relationships for PR that someone that split around 2 years like in this case will raise serious alarm bells with DIBP. They are going to need a mountain of evidence.


Yeah, IMO whoever will be sponsoring (the original sponsor or the person who got their PR granted from the provisional partner visa) is going to be waiting for a VERY long time to see their so-called partner.

As I said, I can't even imagine how much evidence DIBP will need to approve the application of someone with borderline- visa fraud history.

My application/evidence right now is 400 pages of initial application paperwork+300 pages of additional document set 1+200 pages of additional document set 2+ 200 pages of additional document set 3.
That's 800 pages all up


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## Mish (Jan 13, 2013)

Becky26 said:


> Yeah, IMO whoever will be sponsoring (the original sponsor or the person who got their PR granted from the provisional partner visa) is going to be waiting for a VERY long time to see their so-called partner.
> 
> As I said, I can't even imagine how much evidence DIBP will need to approve the application of someone with borderline- visa fraud history.
> 
> ...


Exactly especially since they mentioned 2009 to 2011 when they split which is around 2 years. DIBP is already conscious of people who enter into relationships for 2 years to get PR and then will apply (after the waiting period) to bring someone from their home country over.

As you said they will need a mountain of evidence along with a long time because it will take DIBP longer to process it. Most likely will consist of an interview too.

There was one PMV recently that took alot longer than it should of because of a previous sponsorship. They even rang the sponsors mum out of the blue to ask questions too from memory.


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## Becky26 (Jun 18, 2013)

Mish said:


> Exactly especially since they mentioned 2009 to 2011 when they split which is around 2 years. DIBP is already conscious of people who enter into relationships for 2 years to get PR and then will apply (after the waiting period) to bring someone from their home country over.
> 
> As you said they will need a mountain of evidence along with a long time because it will take DIBP longer to process it. Most likely will consist of an interview too.
> 
> There was one PMV recently that took alot longer than it should of because of a previous sponsorship. They even rang the sponsors mum out of the blue to ask questions too from memory.


These case screw things up for the people who are genuine as Valentine1981 very correctly said 
I always pray and hope that not even my enemy would ever have to separate from their partner under any circumstance, but I'd be sad if applicants like the OP get their second partner visa approved because they DON'T deserve it.

Had the OP been transparent and honest about their case and would've informed the immigration, things would've been different then but because they waited for the partner visa holder to get their PR approved and then break up is just SHAMEFUL!! 

Sorry for all the hate talk but it makes me sick seeing cases like these taking advantage of the system and me being apart from my husband for almost 11 months now and still no satisfactory answer from AHC as to when they will be granting my visa


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## shawn (Nov 21, 2011)

Guys, I'm not sure if you will believe me, my relationship with my ex partner has lasted more than 7 years and it wasn't a visa business as some of you said. 

Probably I should said our relationship just broke down at the wrong timing, but it's definitely not 'got their PR approved then break up'. I think love is not something like a business. And I do have more personal reasons for this decision that I chose not to share....

I've been through the problems you're facing, waited for the grant of your visa etc etc. 

Apologies if I've offended any of you...


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