[Adam123]

My wife has been in Australia since January on temporary marriage visa. She was not interested in making the relationship work. She consistently avoided me, didn’t talk to me or let me touch her. After three months she ran away from the home. One month later I inform immigration that I’m withdrawing my sponsorship because she wasn’t coming back or wanted to stay with me anymore. Now she is claiming family violence and sent me an intervention order. All the claims are fake and I believe it’s only so she can stay in Australia. My question is does the department check these claims before they make a decision on her visa? I intent to take her to court to prove that her accusations are false. She is making claims that she was forced into the marriage but I have known her for 5 years and she has not once claimed to me that she didn’t want to marry me... I think she only used me to gain entry into Australia. I also have proof that she was searching for immigration advice whether she can stay in Australia if she left me... before she even came to Australia....

What are my options? This is not fair that someone can ruin my name in order to gain a visa on false statements...

 

[ampk]

What state do you live?

 

[Adam123]

I live in victoria

 

[ampk]

I went thru the Queensland system, I think they are similar on the basics. She will be going for the Protection Order on the grounds of Domestic Violence I believe.

If she gets that then she will have a high chance of getting a Permanent Visa granted.

Your options now are:-

To accept the claims with no admission - the Protection Order will be granted. This is the cheapest way to go but will give her what she needs.

Try find a good Lawyer and successfully defend the claims - this is both hard and more expensive.

I think I consulted 3 lawyers and the estimates were around $10,000 for two of them plus extra Lawyers costs and transport (the claim was lodged at a very inconvenient place to make it harder for me to defend). Both of these to male Lawyers said my chances were very low of winning. The third was a female Lawyer she seemed more positive about the case and had a fixed fee + the airfare to attend the court hearing. I seem to recall this was around $4,000 but certainly much less than the other two.

I did have to prod her a bit as I didn't think enough effort was being put in - she got offended and I had to apologise, but I think that helped - I also put in a massive effort of finding the evidence (where possible) to prove her claims false. It was a full day in court but we won.

This was almost a year ago and they are still in the country, but I am not sure if a decision has been made on their claim to have the visas granted on Domestic Violence has been made yet or not.

There is also the up hill battle you have on the amount of help there is out there for women that claim domestic violence, it is as my Lawyer said a boom industry all fighting for more government money.

Good Luck.

 

[Adam123]

Do I have to inform immigration with my side of the story?
If she wins then what happens? In the future if I can remarry can I sponsor for the second time?

I have reason to believe that she only wanted to marry me To gain entry into Australia.... we didn’t have a normal marriage... she has only been here for three months... she wouldn’t talk to me she wouldn’t let me touch her or come near her, she wouldn’t go out with me, she spent all night and day chatting on her phone, she made no effort to make the relationship work. She would always pick on me over small things.. her behaviour was very odd towards me...... she is now claiming that she was forced into the marriage but she wanted to marry me.... she called me and said she wanted to marry me....

 

[ampk]

You have informed Immigration and that is all that is required - I did inform them also that the case had been heard at court and of the result.

 

[Adam123]

If i accept the intervention order without submission what will happen next? Will I be able to sponsor someone else in 5 years time... if I choose to remarry..

 

[Adam123]

I have only informed immigration about my withdrawal of sponsorship nothing else

 

[ampk]

Hard to tell with the new stuff for sponsors and character reference - you may be deemed a domestic violence offender?

 

[Adam123]

My wife has two passports from two different country.. will immigration deport her if they find out she withheld that information. She had also withheld information that she lived in a number of countries....

 

[ampk]

Probably not, nor does it look good for you - very little chance you knew this after she left you!

 

[Adam123]

Can she sponsor her family to come to Australia?

 

[Maggie-May24]

If she was a permanent resident, she could sponsor family for visitor visas. She could also sponsor parents for a parent visa (very expensive) as long as they meet the balance of family test. She could also sponsor family for 489 visas but this has a fairly high base of criteria and so may not be an option.

 

[Adam123]

Can she sponsor another partner?