help with partnership visa

[Guest honneybees]

My question Can i go from a 457 defacto visa (my EX that sponsored me) which was ended and now apply for a partnership visa on my husbands resdence? Is there a cap period where i may have to wait? someone told me 5 years? Can anyone shed this some light or advice please.

 

I arrived in Australia on a working holiday visa a few years ago, my partner who I was with at the time got sponsored and I went defacto on his 457 visa, a few months after finding out he wasnt faithful we decided to have a break as I needed time to figure out if I could forgive him and wanted some time alone.In the meantime I started a new relationship with someone else who is now husband. Anyway a few months went by and he cancelled my 457 Defacto visa which we both agreed on as I had moved on and we werent together. My work offered to sponsor me so I could stay in the country but I hated my job and just couldnt bare being stuck with them for two years.

So I knew that i would have to leave the country sooner or later. I am now doing a long distance relationship with my Husband who is still in Australia and works in the mine. He is an Australian Resident and im currently in NZ where I also have Residence.

My question Can i go from a 457 defacto (my EX) visa which was ended and now apply for a partnership visa on my husbands resdence? Is there a cap period where i may have to wait? someone told me 5 years? Can anyone shed this some light or advice please.

[Blossom]

No, you were never on a defacto visa before. You were a dependent on a 457. Had you been on a partner visa there would be restrictions, but you weren't.

The biggest problem you are going to face is explaining to immigration that you started seeing your husband and got married while officially still with your ex. Part of your visa conditions were that you informed immigration of any change in circumstances and only had a relationship with your ex. I'm assuming you didn't marry as soon as you met your husband so this is going to be hard to explain without making you look bad.

 

Personally I'd be getting a good agent to help you make sure you don't cost yourself a visa. But yes, other than the issues above you can apply for a partner visa.

[Guest Claire-n-tel]

Hi Honneybees!

 

Were you deported for not having a valid visa?

 

I think that if you are defacto on any visa and your relationship ends you have to inform immi as soon as and you will then have to leave australia within 28 days(?)

 

If you were here without a valid visa i think that there is an exclusion period for getting another visa, i know someone (different visa) who could not return for 3 years but not sure if it is always the same, i think it was put in her passport though

[Guest honneybees]

Heys guys, Thanks.

 

So just to make this clear. My ex was on a 457 visa, he was the primary holder of that visa and i went defacto on him.

Once we knew we werent going to be togther we infomed immigration. I had already met my husband at that that stage but we were friends. Usually you get 28days to leave the country but Ian (the corrections officer who was handling the cancellation) He was very helpful as we had a house together and i had lots of things to sort so he actually gave me more than 28days as i explained the circumstances... When i left the country on the date we agreed he than cancelled my visa after i had left the country so I wasnt an illegal. I now have a tourist visa which i fly back and forth to oz when my husband as his 7 days off

[Guest Claire-n-tel]

As Blossom said, you were not on a defacto visa you were a dependant on your partners visa....... how lond did immi give you to leave after informing them. Did you get married while still living in Australia or after you had left here?

[Blossom]

In your first post you said that you started a new relationship and a few months later cancelled your visa. I really would get yourself a good migration agent.

[Guest honneybees]

We got married in NZ, After I had left. Immigration gave me around 50 days i think it was.

So right now i live in NZ we rent a place together, My husband works 28days on in the mine and than flys home on his week off. or sometimes i fly over to him on his week off as he also has a apartment in australia. We basically go back and fourth but its not an ideal situation. I see what you mean about Immigration coming down hard on us tho, but we are completely legit and none of this was planned at all. We have a million mesages from day one from when we first started dating, pictures, pictures with our families as we have been home a few times together now etc etc

[Guest Claire-n-tel]

Honneybees, if you are wanting advice regarding immigration and visas either from forum posters or from a migration agent, you are going to need to be completely honest, open and complete with your situation otherwise the information which you are given will be incorrect leading to you possibly gaining a lot of disappointment and losing a lot of money.

[TeeTMI]

The fact that you were included on your previous partners 457 as a defacto partner does not impact on the 'sponsorship limitations' issue.

 

It is not possible to comment given the information above is not clear, and I do not know your circumstances. But as a general point couples not living together also need to address this issue.