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?
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?
