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Having only a couple months to sort out my visa, Indah was such an excellent source to have in order to process everything correctly and in a quick manner. She provided the right tools to keep the process simple and user friendly with a professional manner. I would recommend Indah (ONE derland Consulting) for anyone seeking help on attaining a visa. I know if I ever need to apply for another visa, Indah will be the first person I contact! Thanks again for all your help!
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We would like to say thank you so much for assisting me with my working visa application recently. I was so thrilled when you contacted me to advise that a company offered work with them. From then, everything went so quickly. We did all the skills assessment and preparation of my visa, and it was granted less than 6 months. There is nothing I can say, except thank you for helping me achieve my dream in this beautiful country. I would now like to ask for your help again to bring my partner to Australia. Thank you for keeping me updated with the progress and any changes to the rules. I am sure that many people are very happy with your service!
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I will be forever grateful to Mbak Indah for taking care of my permanent visa application in Perth. It got approved faster than I thought and I am now happily residing in Australia with the freedom to pursue my dreams. I found ONE derland Consulting through a simple search from the migration agent database. I chose her because I felt I could trust her and because she gave me great advice and handled my application very professionally. She keeps you up to date and it has been a pleasure cooperating with her. I fully recommend her to anyone who is looking for migration consulting services, may it be a study visa, graduate, or permanent visa. You can’t get any better advice and representation than this.
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Thanks God for saving my life, and again Ms Indah acted very quickly, she straight away arranged all my paperwork and applied the visa within 2 days! shall recommend your service to everyone I met in Australia!
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What To Do After Partner Visa Refused and Relationship Breakdown

What To Do After Partner Visa Refused and Relationship Breakdown

Options for Partner VISA REFUSAL after being refused & after relationship breakdown

couple-fighting-on-couch

  1. Can I lodge a visa after a visa refusal?

If you have applied for a visa and it has been refused, you may be on a bridging visa or currently have no visa, unfortunately you wont be able to lodge another visa whilst in Australia.  The Department of Immigration and Border Protection refers to this as a Section 48 Bar.  Although an exception is that you may be able to lodge a Partner visa even if a Section 48 bar has been imposed.

  1. What is a Substantive visa? Can I still lodge a visa application if I don’t have one?

A substantive visa is any visa except a Bridging visa, a Criminal Justice visa or an Enforcement visa. If you don’t have a visa at all or if you are a bridging visa holder then you do not have a substantive visa.

If you are wanting to lodge a further visa application in Australia you would be required to meet additional criteria, reasons may be that you do not have a Substantive visa due to reasons beyond your control and/or the time frame is still within the 28 days of your last Substantive visa expiring.

A Schedule 3 within the immigration regulation may apply and you would have to show compelling reasons for this requirement not to apply such as there are dependent children in your relationship or your relationship with your sponsor has been 2 years or longer.

  1. What are my options if the relationship breaks down?

You have an obligation to notify the Department of Immigration and Border Protection if your relationship breaks down.  Your obligation to notify DIPB will continue until a decision is made on your permanent visa, generally 2 years after your initial application has been lodged.

Listed below are some scenarios depending on what stage your Partner visa is up to if your relationship breaks down:

  • If you have lodged your partner visa and waiting for a decision to be made on your Temporary Partner visa, the Temporary and Permanent Partner visa application would be refused.

  • Your current Bridging visa would expire after 28 days as well as a period of notice once they have made a decision.

  • If you have already received your Temporary Partner visa your Permanent Partner visa would be refused and your Temporary Partner visa would expire immediately, you would still have your Bridging visa which would expire after 28 days as well as a period of notice once they have made a decision.

  • If you have been granted your Permanent Partner visa, there would be no impact and your Permanent visa would be still in effect.

You may still be granted a Permanent Residency if you relationship ended prior to the grant of the Permanent Partner visa, if due to family violence or you have children whom you both have custody or access rights too or you are in the Second Stage of your Permanent Partner visa.

 

Published On: April 29th, 2015 / Categories: Partner Visa_en /

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