[Melbourne_guy]

hi Everyone,

I'm a husband and father of a gorgeous little boy. Unfortunately relations with his mother have gone sour. (She's having sex with multiple men, not caring for the child, etc etc.) Separation is imminent, but what holds me back is concerns about Immigration issues. Wife expects me to hang in there or at least not notify Immigration until she gets PR. We don't have an exact date on that, it could be a month or a year.

It would really help me if anyone help to answer these questions from experience?

1) Is there any way of knowing the current time frame for processing PR? The application was made around April 2015, and 309 issued in February 2016. She got an invitation to apply for PR about April 2017. At first we heard "another year" (April 2018) but now we heard it can be longer.

2) if a Sponsor writes/emails immigration to withdraw sponsorship for a spouse living in Australian on a 309 visa, what's the time delay between receipt of the email and the spouse getting 30 days' notice?

3) If there is a child of the relationship, but the Sponsor is the sole caregiver (spouse hasn't bonded with the child), how likely is the spouse to be given permission to stay? I had previously thought it was automatic - you have a child you get to stay. However I've since been told that that's no longer the case. Do you know of any cases of a mother without custody of the child being forced to leave the country? Given that there's not a Court order about custody, how do I *prove* that I have sole custody? Wife may sign some parenting agreement if that helps

4) If she can't stay in the country because of the child, she's indicated she would invent a story of abuse to stay. There hasn't been abuse, it's just a last ditch attempt to stay or to fling mud on the way out. Is there anything a sponsor can do to protect his good name? EG if both parties are in counselling, would a psychologist's assessment that there is no abuse (before official separation) help?

I'd be grateful to hear from anyone with relevant experience.
Thanks so much.

 

[Jeremy Hooper]

I think you better talk to an Experienced Registered Migration Agent about this. It happens more often than you would think. The presence of the child will make things pretty messy.

 

[CCMS]

I agree with Jeremy, I get inquiries like this just about every week.

Talk to a migration agent with experience in these matters to talk through the visa issues.

Talk to a family lawyer about the other issues that will inevitably arise.

 

[ampk]

From my research as there is a child between the two of you, ultimately your sons mother will get to stay and get PR - is the most likely outcome.

You should consult a RMA to decide on your sponsorship withdrawal and how the following events will happen.

The allegation of Domestic Violence is very real and numerous women's help groups that are fighting for government funds to assist her in those claims against you. Seems some are very flexible with the truth in helping prepare statements.

Even though she would probably get PR via just being the mom, there are no Government funds for that. So as insurance for PR, Domestic Violence will be put to her as "best way to guarantee" getting PR by her advisors.

So it is very likely you will get issued with a summons to defend an application for a protection order. These are hard to defend and lead to judicial evidence of Domestic Violence unless you successfully defend it.

I defended mine last August and we don't have kids together, but they are still here as it seems immigration have not decided on if they get PR or not (maybe they have applied to the AAT after they were told to leave?)

Anyway its a rough road so be prepared and careful.