Question of the Week



How to avoid a partner visa refusal when the applicant used to be in a previous de facto visa relationship?

Category: Partner Visa

Question asked

Hello.

My name is D. and I will be applying for the 820/201 visa soon. My partner and I have concerns over our timeline and we want to get advice from a qualified authority on migratory issues. Before meeting my current partner, I used to be in another de facto relationship. I was sponsored with the subsequent student visa TU/500 by my previous partner. The issue with the timeline is the following:

November 13, 2018 - I applied for the subsequent visa with my ex

November 17, 2018 - We broke up with my ex, but we had already applied for the next visa and I did not notify the embassy about our break up.

November 23, 2018 - I met my current partner

December 08, 2018 - We started dating while I was on a bridging visa

February 12, 2019 - The subsequent TU/500 visa was granted


I discussed the status of my visa with my partner.


May 31, 2019 - I applied for a new student visa and got out of the sponsored one.

June 27, 2019 - new student visa was granted

June 29, 2019 - We moved in together and started a de facto relationship and have been for more than a year now.


Our concern is whether the Case Officer will reject my application because of this history?

Answer provided by Migration Agent

Hi D.

The partner visa will ask you questions such as the date you met your current partner and the date you actually committed to a shared life together (which would be he date you moved in together). It will also ask about your relationship and how it developed.

This is the tricky part. Technically the main applicant, being your ex, on the student visa was required to notify the department of change in circumstances (the breakdown of the relationship), which he failed to do.

The failure to notify the Department of a change in circumstances is not looked upon lightly. Do you know if you ex ever notified the department? When you were granted the new Student visa as main applicant what did you record you status as (single, married, defacto)?


----- Request for Clarification -------

For the new Student visa as the main applicant I presented my case to the agent that was guiding me for the application at the time and as their advice was to get out of the previous dependent visa as soon as possible, I think they were responsible for making sure that I no longer was attached to that previous relationship. But I don’t have complete certainty of the status they recorded on my application. I am trying to contact them now to ask about this issue.

Regarding my ex, I notified them that I was getting out of the dependent visa but I don’t know if at any point they notified the department about it? Should I contact them about this? The issue with the timeline is also that the evidence we are presenting for the application goes all the way back to December. Way before we moved in together.

----- Clarification by Migration Agent ------

It would be a good start to get confirmation from your previous agent if the Department was notified. It is very important to show consistency in your applications, the Department will without a doubt look into your past visa applications when they assess you partner visa application.

You can always lodge a Freedom of Information to the department to gain access on the last two visas you lodged, that way you can be certain to maintain consistency, if the Department was advised it will show in you past visa application. FOI application is free and can be lodged from the Department website, it will take approx. 4 weeks to receive a response.

The partner visa is an expensive visa application, I would strongly advise that you make a request to FOI for your last two visa applications that you have held, this information will give you accurate details of what information you provided to the Department and if notification of change of circumstances was submitted or if your ex-partner notified the Department at all.

The time line issue can then be consistent with you past visa application. The first step at this stage is to lodge an FOI and see what information the Department has.

You are welcome to contact me on to discuss the matter further.

Thank you for using Ask-An-Agent. If you need further services from myself you can always message me using the Ask-An-Agent messenger or chat. You can also reach me by contacting Amy at amy.jacobson@ask-an-agent.com.au – and don’t forget to mention your question ID so that I can keep providing immigration services to you.

Kind Regards
Migration Agent

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