[Mshell]

I am an Aussie and have been in a relationship with my partner for approx 15mths. He came to Aus as a US citizen and came here on a 820 visa with his then partner who is Aus Citizen and was his sponsor. They have a son together and he was devastated when the relationship broke down. She told him that she would inform immigration of the separation in the hope that he would be deported. In the meantime she has refused any contact with him, and as such he has not seen his child in the past 18 months and has no idea as to her whereabouts. We met a few months later - he had barely a $1 in his pocket, and we both wanted to live together.

Before moving in and joining our finances etc we discussed his visa status, and he said that his ex partner had in fact destroyed most of his documents, (including tearing his passport almost entirely to shreds.) But, in addition to this, she told him that a letter had arrived telling him that he had PR status approved, but she didn't allow him to collect it.

I, knowing little of the immigration process, assumed that PR was as good as citizenship and we both rang immigration to confirm the PR status - I spoke to operators regarding him applying for citizenship etc and was told by no less than 3 staff that he had Permanent Residency in Australia and they posted out info re citizenship, even telling us the date that he would be eligible to apply being Oct 31st 2012 as it was exactly 2 years from the date his PR was granted.

So we moved in together, my son lives with us and we have been a happy family for over 12 months. We have both been working, saving money, and getting on our feet as a couple. We have consulted a lawyer about avenues for tracking down his ex partner so that he can be granted visitation to his son.

Yesterday, however, he got an email from immigration saying that in February 2010 they were informed that his relationship had broken down, (18 months ago) and that they were aware of a child in the relationship and for him to provide details of a formal agreement for custody/maintenance payments as well as a current Police check - and that this was required to continue for his application for an 820/801 visa. It does not say that his visa will be revoked.

We called immigration and was told that he had never been granted PR and furthermore that he was still on an 820 visa which is by no means permanent.

I have been in total shock. My partner - whom, both my son and I are very attached to by the way...seems to be in a precarious situation! We have 28 days to provide documentation about custody of his son - which we don't have. We don't have her details, or even his son's birth certificate. We know that visitation is going to require family courts and like I said earlier we have been preparing ourselves for that - but now we have to do it in a time frame and I am so scared that my beautiful partner could be deported to the US, never to see us, or his son again.

We have booked an appointment with a lawyer, and on the phone he said that 820 is PR...leaving me confused again.

Why did it take them 18 months to send him an email about this? Why did I have 3 conversations with immigration and not know his visa was not PR? What if his visa is revoked? Can he apply for other visas? What about access to his child - how can we pursue that if he doesn't have PR? He supports me financially as I have been sick and off work for many months? I am not in a financial position to be his sponsor - and don't know if immigration would allow it anyway.
We are both worried sick. Any advice?

 

[Nelly87]

Hi Mshell! First of all; welcome to the forum!

Secondly I'm sad to say I am not experienced enough yet with (partner) visas to know exactly what all those demands and declarations from Immigration will really mean to you and your partner, and what their concrete consequences would be.

BUT - I'd say the main problem here (on all sides) is a lack of clarity. You don't understand his visa, you don't understand how and when and why it could change, they are demanding things they don't know the details well enough about. Based on just what I just read I'd say you need to achieve clarity before you can solve the problem. And you need to achieve it fast because of the deadline. It's always much harder to see that clearly when you're emotionally involved.

As an employee of a bank - which is not a government institution, but full of bureaucracy and confusing departments all the same - I would advise you to calmly but efficiently try to work out what is going on, who you need to talk to and what they can do for you.

Basically, if I were you I would just start calling Immigration. Not once, not twice, not aggressively or unreasonably. Just demand your clarity - both you and your partner should. Call them and ask them about the visa (not the custody part yet) and try to figure out how the signals could have been so mixed and delayed. If that person can't answer you, ask them to explain their departments to you and who they think you should talk to to get a clearer insight - then talk to that person. If the first person already answers you, nicely ask them to put you through to a colleague who can confirm this as an on-the-spot second opinion. Explain it is not because you don't trust them, but simply because the system seems to have already failed once and you have limited time.

Keep calling until you get someone on the phone who is willing to explain the visa permamence situation black on white officially - someone who is absolutely sure how this happened. Then ask them how to deal with the custody matter - I highly doubt they can punish HIM for his ex-partner not showing up in court. Get a court order, get her in court, if she doesn't show up it will be official that it is not his fault.

In the meanwhile, apply for a different visa. You say you can't support him as a sponsor. Can his employer sponsor him for a work-based visa? Is he still friendly with any of his former in-laws who'd be willing to support him (just to the point of keeping him in the country)?

Get clarity, see if you can get a backup plan, and try to handle the custody part as seperately as possible. They may be connected problems, but you can't solve the custody problem with a visa, you can only solve the visa problem with the custody... so figure one part's options out first, then the next.

That is just coming from someone who sees how departments can screw up between them and cause harm to the customer or citizen involved. Handle it calmly but firmly and get your answers. If it was their fault, you might be able to stretch the time limit, I don't know, but it seems you should at least find out what went wrong.

Oh and WRITE DOWN NAMES with any promise or statement made! This is VITAL!

Best of luck and hang in there!

 

[voebe]

Firstly I am really sorry you and your partner are going through this.

Visa 820 is not a permanent visa, it is only temporary unfortunately.

As for a letter arriving from immigration for your partner that he couldnt collect, that could have been the notification to apply for the second stage (i.e. permanent visa) but since his former relationship had already broken down, he was no longer eligible for this.

I agree with Nelly that you need clarification inorder to move forward but also at the same time put as much effort as you can to try and get the custody procedings underway because at this stage it seems the only way he can stay in the country.

Use a lawyer. Immigration or otherwise because this situation requires expertise that is way beyond some of us forum users.

Good luck.

 

[SarahM]

Hi,

I'm sorry to hear about your situation, but it seems to have become worse due a lack of knowledge about the partner visa. I agree with voebe that the letter the ex-wife received must have been the one prompting the couple for additional evidence in order to pass from the 820 to the 801.

What should have happened then, was not only that the relationship breakdown be reported to immigration (which it seems it was), but your partner should have tried to organise custody straight away (even if it meant getting the police involved), before they split up. As long as your partner has custody of the child (doesn't mean full custody), he can be granted a permanent 801 visa:

Under certain circumstances, you may still be eligible to apply for and be granted, or continue to be an applicant for, a Partner visa in Australia if:
Your relationship breaks down and you and your partner have custodial rights under the Family Law Act 1975 for any children aged under 18 years that you and your partner may have

Have you contacted the police? I think you should, so that they can file a report that your partner's ex-wife is keeping his son from him, that way while this is all sorted out, immigration will give you more time to chase down the ex-wife. I'm sure if you go through the police immigration won't say "too bad, you only have 28 days".

 

[Mshell]

thanks guys

Thank you everyone for your helpful advice. This is a great forum and very informative.

I think the initial shock has subsided. We are simply going to take one day at a time, and we have an appointment with a lawyer very soon so that we can look at all the options open to us.

From my perspective, I am nothing short of completely disappointed with the inquiries through immigration; I couldn't believe my ears, and yes, I have been emotional about all of this. But despite the misinformation, the fact remains that his visa status needs to be addressed asap and that is all we really need to focus on now.

 

[missmullen]

I admire your positive outlook Mshell It's unfortunate when misinformation and confusion occurs, but there is no point dwelling on it, and it seems like you're taking the right steps toward finding out for certain what you're options are.

Wishing you all the best.