my husband DV to me and children, what should I do? - Page 2

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my husband DV to me and children, what should I do? - Page 2

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  #11 (permalink)  
Old 09-13-2013, 11:18 PM
CollegeGirl's Avatar
Join Date: Nov 2012
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Londoncalling, you may want to contact a migration agent. When a spouse migrates on a spouse visa and the relationship ends, they only have 28 days to report it, and will have to leave Australia. I'm afraid it probably works the same way when you come over on a 457. But since I'm not positive... I think a migration agent might be your best bet. Send Mark Northam a message at his website, He's great.

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

  #12 (permalink)  
Old 09-14-2013, 11:02 AM
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Originally Posted by kmarees1986 View Post
2Kids, Immigration have provisions for these sorts of situations, however I am unsure how it works on a 457 Visa. I know if this was the situation on a partner visa during the 2 year temp period, you can stay after you have followed the necessary course of action. Firstly, make sure you and your children are safe. Even if this means leaving the family home - do not worry yourself about jeapordising your visa. Your safety is first and foremost. Secondly, report this to the police as soon as you can if you haven't already. This will be crucial for immigration. Finally, contact immigration to advise you have left the relationship due to violence and have reported it to the police.

Please review the below document to see Immigrations stance on this. It also outlines what evidence you will need to provide for your case to immigration for them to consider allowing you to stay in the country. It's pretty strict but I am sure you can imagine there are sadly people who use this provision by being dishonest so its important you use all the evidence you have to make sure your case is strong.

I wish you all the best and if you have any further trouble, I highly suggest contacting a migration agent. You could find Mark Northam on here and he may be able to assist you.

The original post is from Feb 12...let's hope that although she didn't come back with an update it all worked out for her

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  #13 (permalink)  
Old 09-14-2013, 01:44 PM
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Join Date: Jun 2013
Posts: 77
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Make a report to the Police first as the first question Immigration will ask is have you reported it to the Police. If it is physical abuse and you are in fear of your safety and th children then Police will take out a protective order removing your partner from your home.

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