NSW Ex from Overseas Lodged Partner Visa - What to Do?

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Cupcakes

Member
24 March 2018
2
0
1
I am an Australian citizen and was born here. I am in a long distance relationship with my partner who lives in the UK for the last 2.5 years.

My ex who I broke up with in 2013 was also from overseas (India) and was wanting me to sponsor him with a partner visa. At first I agreed, I gave the appropriate documents that were required, but then after some deep thinking, I really felt as though I shouldn’t do it as I don’t love him and that I wanted other things for my life in terms of career and just couldn’t commit to sponsorship, especially if there is no love there. There were red flags... He was super clingy and I felt as though I was being used. I’m not stupid.

Anyhow, we broke up and he lied to me and told me he was going back to India as his father was ill and on his death bed, that I've ruined his life, blah blah blah. We were only together for a year and a half anyway, and not living together although we did say that we were for the visa purposes. (I lived at home and he literally lived down the street and around the corner so we were at each other’s homes everyday anyway, so living together, just not technically).

Anyhow, a friend of mine told me to call immigration recently to see what I can do about getting my new partner here, considering it’s been 2.5 almost 3 years, yet we are not able to physically live together due to the distance, and work, etc and we are tired of the back and forth flights we take turns in every few months. It’s just not practical.

When I called immigration, they asked me questions to get my identity. They found me but all my details were incorrect, as though someone had lodged them without my knowing. The address was not the same, my phone number was not mine, the email they had was not mine and they were almost not going to speak to me as they couldn’t confirm my identity. The only way they did was via my passport number.

To my shock I found out that my ex from India was still in the country and had filed a partner visa in 2014 and immigration cancelled it in 2016 and I am now not able to sponsor my current partner until 2019. I found out through an old mutual friend of my ex and I that I contacted (as I don’t know where my ex is - I don’t have any info about the visa application, I don’t even know what his real name is as he lied to me and everyone about this) that he had gone on a bridging visa when the partner visa was rejected due to lack of evidence, and that he was claiming to be mentally affected to buy time to stay here and try and appeal.

He has since apparently gained residency this year, but I’m not sure from what or how or who as I have zero information in regards to him and his life since I left him in 2013. I have not told my current partner about any of this as he would be shattered that something like this has happened and is preventing us to be together.

What am I able to do to get my record cleared? Is this something that can be fixed?

If I wait until 2019 and put an application with my current partner, how am I supposed to fill out the section of the form (Question 29, I think) about previously sponsoring someone if I have no info? Will immigration reject this because I actually have no idea on the previous sponsorship?

I’m just so upset and saddened that this is my country and not this Indian scumbag's country and I am now forced to sell my business, pack up everything and leave my country and relocate to the UK forever to be with my current partner. It is so unfair and so disgusting and poor survalilance on immigration's behalf. This Indian ex deserves to be deported for this.

This is such a huge mess and I don’t know how any of this can be fixed. How can I get the info about him and his visa to be able to lodge in 2019 for my current partner? What happens down the track if I move to the UK, get married, have kids and then decide to move to Australia 10 years later? I won’t have the required info to fill out my visa application for my kids and husband and won’t be able to return to my own country. How do I explain that to them?

Can some one please help me!?
 

Adam1user

Well-Known Member
5 January 2018
577
33
2,219
Hi,

First thing to do is contact immigration, and better head down there yourself and take with you all your documents : Passport, citizenship certificate, home ownership (rental contract), driver licence, utilities invoices (phone, water, electricity and internet etc...) and whatever you have. Inform them that this is what happened and that he used your info without your permission and authority.

You don't need to know anything about him, all the info will be in their system and they have all that information and the authority to release the information to the proper authorities to reach him. Get yourself a lawyer (try that someone who knows about immigration and criminal) and just see what you can do, the lawyer will know how to get his details from the proper channels if the cases needed, and sue him.

Don't let him get away with it.

I dislike these type of people who take advantage of other people for their own personal benefit.
Once you cleared this mess, I am sure you will be able to continue with your life, it will be a matter of time only.

Good luck.
 

Cupcakes

Member
24 March 2018
2
0
1
But I am afraid that if I do go to immigration it will go against my favour as I did initially agree to help him and did fill out forms and did write a statement claiming to be his gf. At the end of the day, I can’t help that I don’t love the person and wanted to not go ahead with the application. As far as I knew, when I ended my relationship with him the visa application had not been submitted to immigration. I’m so angry with myself for trusting this scum bag.

I've managed to track him down from our mutual friend and bravely contacted him today and told him that I know what he did, that he needs to clear my name and get rid of my 5 year ban, that I am suing him and that I need the visa info for my new application. All that all he has done is threaten me, telling me he will destroy me and that he will tell immigration that I've received and demanded money from him. That his lawyer will be notified when I contact them (which can’t be true as I've already spoken to them last year when I found out about what he had done). I know he’s just trying to scare me. He’s telling me to wait til May, but I don’t believe him. He will have his visa in May and that’s not fair.
 

Adam1user

Well-Known Member
5 January 2018
577
33
2,219
But I am afraid that if I do go to immigration it will go against my favour as I did initially agree to help him and did fill out forms and did write a statement claiming to be his gf. At the end of the day I can’t help that I don’t love the person and wanted to not go ahead with the application. As far as I knew, when I ended my relationship with him the visa application had not been submitted to immigratio. I’m so angry with myself for trusting this scum bag.
Iv managed to track him down from our mutual friend and bravely contacted him today and told him that I know what he did, that he needs to clear my name and get rid of my 5 year ban, that I am suing him and that I need the visa info for my new application. All that all he has done is threaten me telling me he will destroy me and that he will tell immigration that Iv received and demanded money from him. Thag his lawyer will be notified when I contact them (which can’t be true as Iv already spoken to them last year when I found out about what he had done) i know he’s just trying to scare me. He’s telling me to wait til May, but I don’t believe him. He will have his visa in May and that’s not fair

When someone builds anything, if it is not built on sold basis, it will be destroyed by anything and nothing is free in life. You made a mistake and you must pay for it, one way or other, the best way is to come out clean, no way around it. Contacting him was a big mistake. You should not have done that, now you have given him warning and it he can do more damage, but if you went and came out clean, what ever happens will be less and more to your benefit than anything else.

It is not easy, it will be hard, but as you have seen you have dug yourself in a hole and you are digging more into it. Have the courage and face the consequences. No other way around it, Sorry. This is real life. Good luck.
 

Adam1user

Well-Known Member
5 January 2018
577
33
2,219
But I am afraid that if I do go to immigration it will go against my favour as I did initially agree to help him and did fill out forms and did write a statement claiming to be his gf. At the end of the day I can’t help that I don’t love the person and wanted to not go ahead with the application. As far as I knew, when I ended my relationship with him the visa application had not been submitted to immigratio. I’m so angry with myself for trusting this scum bag.
Iv managed to track him down from our mutual friend and bravely contacted him today and told him that I know what he did, that he needs to clear my name and get rid of my 5 year ban, that I am suing him and that I need the visa info for my new application. All that all he has done is threaten me telling me he will destroy me and that he will tell immigration that Iv received and demanded money from him. Thag his lawyer will be notified when I contact them (which can’t be true as Iv already spoken to them last year when I found out about what he had done) i know he’s just trying to scare me. He’s telling me to wait til May, but I don’t believe him. He will have his visa in May and that’s not fair

He is not a person that can be trusted or dealt with, he will harm you in anyway to protect himself and his benefit. You can not trust him at all. Coming out clean and dealing with the immigration will be hard but will be a lot better than being under his influence, he will take more advantage of you and will never ever leave you, never think that he will after he gets his visa. Once he is in trouble, he will come back to you, not asking but demanding to help him, you will be forced to as you already in trouble.

I am saying this because, I helped out someone close (doing the wrong thing) and he never ever gave me respect, he abused me, and I can say he did that all his life. I don't talk to him now and I will turn his life upside down and into hell, but not now as I am preparing myself, and when the time is right I will do it.

I will turn his life upside down not because I am a God but because he f****d up big time and I know it and I have the proof and will use it against him. I never ever got a "Thank you".

The person is my brother, I will not have mercy towards him. He is not a stranger. So my opinion is to come out clean and face what ever happens it will be better than being under his influence.
 

Adam1user

Well-Known Member
5 January 2018
577
33
2,219
But I am afraid that if I do go to immigration it will go against my favour as I did initially agree to help him and did fill out forms and did write a statement claiming to be his gf. At the end of the day I can’t help that I don’t love the person and wanted to not go ahead with the application. As far as I knew, when I ended my relationship with him the visa application had not been submitted to immigratio. I’m so angry with myself for trusting this scum bag.
You don't have to lie, just say we were a couple and broke off, he can say what ever he wants. You filled out the forms as a loving partner but he already completed the process by giving fraudulent documents, so your word is more trusted than his, as he already broke the law. I am writing this without know the whole circumstances of your situation but based on what you wrote. You should know better.
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
The problem is the story is less than plausible.

If you have filled out all the documents for a partner visa, would a reasonable person just leave those documents floating around the ether of the universe and walk away without giving it a second thought or informing any authority of the break up? It's a stretch, and the department are trained to be suspicious of such things.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,935
820
2,894
Sydney
Let's boil this down to what it's really about.

As a local born citizen, you have nothing to fear from Immigration/ Border Force/ Home Affairs.

Except.....


By lying to the department about your relationship status,
the effect of which is to enable somebody who is not otherwise eligible
to enter, or stay in, Australia, you can potentially be prosecuted, fined, and
in the worst possible case scenario (depending on the offence),
potentially gaoled.

By approaching them first, you have a better than average chance of avoiding that.
By hiding and hoping they don't notice, you can make it worse.
This is because by concealing, you can commit further offences yourself.

I most strongly suggest that you seek the advice of a lawyer
who is also a Registered Migration Agent as soon as possible.