# Partner Passed Away Before Visa Grant



## divmajor (Jan 31, 2013)

Hi everyone, 

I dont know if this is the right thread but I could really use some information. I put in an application on the 27th of March 2013 for 820/801 (Onshore). My partner and I had been together since mid 2011 and had been living together since early 2012. We registered our relationship prior to the visa application. All was going fine and I was granted a bridging visa when my student visa ceased. unfortunately over month ago my love passed away unexpectedly. I havent even thought about immigration until today. I dont even know what to do. 
I finished my degree here and work full time here and built my life here, with no family. He was all I had. But I know that I have to pull myself together and deal with my visa situation. Does anyone know what can be done or what the process is I am feeling very hopeless at the moment. 

Kindest Regards


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## CollegeGirl (Nov 10, 2012)

divmajor said:


> Hi everyone,
> 
> I dont know if this is the right thread but I could really use some information. I put in an application on the 27th of March 2013 for 820/801 (Onshore). My partner and I had been together since mid 2011 and had been living together since early 2012. We registered our relationship prior to the visa application. All was going fine and I was granted a bridging visa when my student visa ceased. unfortunately over month ago my love passed away unexpectedly. I havent even thought about immigration until today. I dont even know what to do.
> I finished my degree here and work full time here and built my life here, with no family. He was all I had. But I know that I have to pull myself together and deal with my visa situation. Does anyone know what can be done or what the process is I am feeling very hopeless at the moment.
> ...


Oh, div, my heart goes out to you! How incredibly sad. I think there are "compelling and compassionate" provisions for cases like this but I'm not sure how you'd apply - I'd really suggest talking to a migration agent if you can. Maybe send one of the agents on this forum a private message and they can probably point you in the right direction. Mark Northam, CCMS, or Adam Grey.


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## Adam Grey (Nov 8, 2013)

I'm really sorry to hear of your loss, hope you're bearing up well in the circumstances.

I'll try and help as much as I can. This wording isn't very sensitive, but I'm quoting from the regulations. At the time of decision you need to show that you would have continued to be in the de facto relationship had your partner not died and that you have developed close business, personal or cultural ties in Australia:

*820.22 Criteria to be satisfied at time of decision

820.221

(1) In the case of an applicant referred to in subclause 820.211(2), (3), (4), (5), (6), (7), (8) or (9), the applicant either:

(a) continues to meet the requirements of the applicable subclause; or

(b) meets the requirements of subclause (2) or (3).

(2) An applicant meets the requirements of this subclause if the applicant:

(a) would continue to meet the requirements of subclause 820.211(2), (3), (4), (5) or (6) except that the sponsoring partner has died; and

(b) satisfies the Minister that the applicant would have continued to be the spouse or de facto partner of the sponsoring partner if the sponsoring partner had not died; and

(c) has developed close business, cultural or personal ties in Australia.*

You will need to notify your case officer as soon as you can and I'm sure they will treat it sensitively and let you know how you should proceed. If you run into any difficulty just let me know on here and I'll reply back.

Kind regards,


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## Aussieboy07 (Jan 4, 2013)

Sorry to hear the news, I am guessing that Adam is saying that you need to
.get statutory declarations stating that you were still in a loving relationship and as a couple had plans for the future together
. Evidence of some sort of joint long term commitment eg: saving account to buy a house or joint loan
- a letter of support from your employer 
- or a letter from your church/sporting club about your involvement

Adam, please correct me if I am wrong


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## Aussieboy07 (Jan 4, 2013)

**** first dot point stat dec should be from friends (preferably Australian)


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## Adam Grey (Nov 8, 2013)

There's a number of ways it can be evidenced, but you're pretty bang on. From the relationship factor it's unlikely to need anything additional to what was originally submitted, but updated utility bills, financial statements, lease documents etc will show a continuance of the de facto relationship. A death certificate will probably also need to be shown I'm afraid.

For the ties to Australia an employer reference, evidence of home ownership/lease, stat decs from friends/family and yourself making a case for why Australia is your home now and you couldn't see yourself anywhere else. 

The main thing is to let the CO know first.


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## divmajor (Jan 31, 2013)

Thank you everyone. This means the world to me.
I have no doubt in my mind that I can get as many stat decs from Australian citizens confirming our love and devotion. Everyone from my employer to acquaintances know how hard this has been for me. We still have our tenancy agreement with both our names. I am his next of kin for his University enrolments; bank statements with transactions, our voicemail message still have him on it, I flew to Zimbabwe where he was laid to rest to be with his family I have sweet text messages from the day before he passed because he passed the day after my birthday, emails and facebook posts to show how nauseatingly in love we were haha. So i am not worried about that but I am concerned on what I need to provide to show that Australia is my home. 
This is what I have:
I have been here for about 5 years
I have a degree from an Australian University
I will be commencing my Master Degree by correspondence with another Australian University this year
I am employed permanent full time with a large Australian Company
I have no convictions, never been arrested 
My credit rating is good
My best friend is Australian born and raised and her family treat me like their own daughter
I celebrate Australia day with pride
I live alone and have a fair amount of assets
I have medicare and private health insurance
I donate to the Royal Children's hospital and did volunteering for 8 months at the United Nations Youth VIC for 8month
I have joined a support group for grieving partners to help me get through which I really need at moment
I dont know if this is enough
Thank you again everyone for your assistance


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## Adam Grey (Nov 8, 2013)

You're going to be just fine, that's more than enough evidence. Let your case officer know what's happened and tell them that you're going to supply documentarion shortly. I've no doubt that they'll support you through the final stages.

All the best,


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## divmajor (Jan 31, 2013)

Wouldn't it be a problem since I am still on a bridging visa and not a temporary visa? Also I was using global visas as my migration agent and well their Australia office closed and now my case officer is in South Africa and long story short they are a scam. Do you think it would be better for me to peruse my application by myself and ditch them?


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## Star Hunter (Jun 29, 2012)

No advice on your above question, but couldn't see this and not offer my sincere condolences.

I'm so incredibly sorry that this has happened to your love. I am sending you prayers, love and lots of hugs.


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## Adam Grey (Nov 8, 2013)

Your bridging visa is in place to allow you to remain in Australia whilst a decision is being made on your 820 visa, you're going to be providing information that will satisfy a time of decision criteria of that visa.

Just to check, I assume you were issued a Bridging Visa A - Did you apply for and get granted a Bridging Visa B prior to travelling to Zimbabwe for the funeral?

I'm not allowed to comment on another company or advise you to leave them. I believe they changed their business name recently so they might not even exist under that name anymore. I would ask why you feel the need to seek advice on a forum while using an agent, but I think you know the answer to that question already :0) 

For information purposes only, if an applicant does wish to end their appointment with an agent they should complete form 956 or advise the DIBP in writing. Under the Migration Agent's code of conduct the agent is obligated to provide you with the details of your application, file numbers, correspondence etc at your request.

Hope everything works out for you.


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## divmajor (Jan 31, 2013)

I was already granted the bridging visa b before he passed which expires in June as I was planning on traveling in December for my mothers wedding in Mozambique. I ended up spending a month in Zimbabwe and only a week In Mozambique due to the funeral so I didn't have to apply or the bridging visa b last minute as I already had been granted it before his passing.


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## Adam Grey (Nov 8, 2013)

I don't foresee any issues then, definitely get in touch with the case officer as soon as you can and get this resolved so you don't have the extra worry.


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## jhoy0320 (Dec 5, 2012)

Our deepest condolences mrs sender..


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## Aussieboy07 (Jan 4, 2013)

Thankyou Adam for providing advice here, as it must be very comforting/a relief for divmajor to hear this from an expert.


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## Maggie-May24 (Jul 24, 2011)

I have no advice, and it looks like Adam has been able to provide you good guidance. But i want to offer my condolences Divmajor.


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## ampk (Sep 21, 2013)

A very sad story, I feel sorry for you.

The last thing you will want is an appeal over a rejection of your application, if you are not happy with your current agent/s it is time to change. Seems you may have already found a better one? Request your documents from old agent as it will help a new agent a lot.

From experience not all staff at the Dept of Immi have a heart and they may scrutinise your paperwork for any errors, given your current issues to deal with personally I think it is better that an agent does it for you. I know that some will let you do the application then you send it to the agent to check then submit on your behalf (for a very reasonable fee) - maybe that is an option for you. 
Best of luck.


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## divmajor (Jan 31, 2013)

Thank you guys once again. I am on hold with immigration now to inform them of change in circumstance to see what I need to do. Almost everyone I know has volunteered to submit a stat dec to confirm our relationship and that I have integrated to Australian life. 
I will let you guys know how I go


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## CollegeGirl (Nov 10, 2012)

Do keep us updated. You're in my thoughts.


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## Kiwiana (Nov 20, 2013)

So sorry for your loss, my condolences.


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## divmajor (Jan 31, 2013)

Okay so, I was told to send in the form 1022 and that was it. I asked questions and all I got in return was to send that form to Perth processing center.


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## Adam Grey (Nov 8, 2013)

The form 1022 is just to inform them formally of the change in circumstance, I'd send in all the other documentation with it. Make sure that you have your file number/case details so they can match the info you send to your application.


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## divmajor (Jan 31, 2013)

Thanks once again. How long do I have to supply that form? I just have to go get documents certified and all of my stat decs returned from witnesses.


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## Adam Grey (Nov 8, 2013)

You need to inform them of changes in circumstance "as soon as practicable". Given what has happened I'm sure they will understand you were in no position to deal with it as a priority, but you could always send a cover note with the form/info explaining the emotional distress you've experienced and that this is the earliest opportunity you've had to deal with other matters.

Sometimes they specify a timeframe with the request but I doubt it applies here because it sounds like this was a verbal request?

All the best,


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## divmajor (Jan 31, 2013)

Hi everyone, 

Just an update. I have just express posted the 1022 form with a certified copy of our relationship registration certificate and my baby's death certificate.
I am in the mist of getting all of my other paper work together. 
I have 15 (yes 15) stat decs from Australian Citizens with certified copies of Identification (friends and colleagues) *I almost cried reading all of their declarations*
I am going to write up 2 stat decs of my own
I have 5 utility bills
2 letters from my Australian Charities
5 emails from my grief support group
Letters from Uni
Letter from my employer
Medibank Private health insurance membership letter
Supperannuation Letter
Online Receipts for major purchases (T.V, Sofa, Washing Machine etc....)
I have numerous text msges from friends and family offering their condolences
Texts that I sent him the week he passed because I refused to believe it 
Facebook msgs and posts from friends 
Facebook posts that I left after his passing 
A birthday card he sent me the day before he passed 
A letter from his superannuation fund (he had me as the sole benefactor)
This was a difficult week. couple of break downs and tears but Im ready to fight. 
**Chin up**


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## CollegeGirl (Nov 10, 2012)

Aw, div.  I'm so happy you've gotten this done. I hope Immi is good to you. My heart goes out to you.


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## Aussieboy07 (Jan 4, 2013)

Ok everything is done for immigration, so just forget it for now and go back to the normal process of grieving your loss. Sorry I am not good at expressing myself but I think you know what I mean


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## divmajor (Jan 31, 2013)

Thanks CollegeGirl and Aussieboy07; this forum has been a true life saver.


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## divmajor (Jan 31, 2013)

Hi everyone, 
I hope you have all been good. 
So I changed migration agents and I hired them last Tuesday. 
And guess what..... I was granted my 801 Permanent Visa today from a bridging visa... No 820 Temp or anything! 
I still cannot believe this. I feel a strange feeling and its relief. 
I credit this to you all. When I made that first post I was so hopeless and didn't even have any fight in me. You guys helped be optimistic to try.
I'm happy and thankful and I know my darling Lawrence is so happy to be able to give me this gift. 
I can now mourn my love in peace.
I love u guys 
Xoxo


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## Valentine1981 (Sep 13, 2012)

So pleased to hear that you can now properly grieve for your love without the visa uncertainty hanging over your head. I am so very sorry for your loss....in time the pain will fade but the memories of the wonderful times you shared together will be with your forever...


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## dunan (Oct 5, 2012)

So happy for you...as Aussie said..its time to grieve without this hanging over your head......


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## Maggie-May24 (Jul 24, 2011)

I'm very happy for you that you don't have this added stress on top of your grief. I wish you all the best as you move forward.


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