Relationship Cessation from Immigration

Ysa_belle2122 · July 2023

I would like to ask for help.
I filed for AVO versus my partner for Domestic Violence.

Immigration sent me an email to respond regarding the Cessation of Relationship.
We are on a DeFacto Relationship. We have a baby already.

**"Invitation to comment on information for a Partner (Temporary) (subclass 820) /Partner (Residence) (subclass 801) visa
We are processing your application for a Partner visa and we have received information which may lead to a decision to refuse your application.
Adverse information received
We have received information that the relationship between you and your sponsoring partner has ended that you are no longer living together with the sponsor and you made an application for an apprehended domestic violence order on 11/03/2023

Relevant requirements for your Partner visa application
To meet clause 820.221(1) of the Migration Regulations 1994 for the grant of a Partner
(Temporary) (subclass 820) visa you must continue to be sponsored by your partner and be
the spouse or de facto partner of the sponsor.
However, there are three exceptions to this requirement outlined below at Circumstances in
which the application can continue despite the relationship ending.
If you do not meet the requirements of clause 820.221(1) we may refuse your application for
a Partner (Temporary) (subclass 820) visa.
To meet clause 801.221 for the grant of a permanent Partner (Residence) (subclass 801)
visa you are required to hold a Partner (Temporary) (subclass 820) visa.

2 -

There are three circumstances in which a Partner visa application can continue even if the
relationship between the applicant and sponsor has ended.
These are where:
1. the sponsoring partner has died
2. the applicant, or any other family members included on the application has suffered
family violence committed by the sponsoring partner
3. the applicant and the sponsoring partner have a child and share access and parental
responsibility.
For the Partner visa application to continue in any of these circumstances, the applicant must have met the relationship requirements before the relationship ended. This includes meeting the definition of ‘spouse’ or ‘de facto partner’ in section 5F and 5CB of the Migration Act
1958. **

Baka po may guide kayo if anon pede ko isagot. I mean format po.