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

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


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Old 02-17-2012, 07:26 PM
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my husband DV to me and children, what should I do?

my husband conducted family voilence to me and children, and threaten to cancel my subclass 457 visa (he is the main applicant).

I want to know, under this circumstance, what should I do?

Can my children and I stay in Australia under our 457 visa?

How can I check my visa status to know if my visa is still valid or not?

how can we get permenant residence so that we will be no longer under his visa control? many thanks.


Last edited by twokids; 02-18-2012 at 04:48 PM.

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Old 02-20-2012, 12:59 AM
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I'm really sorry to hear that - I don't think many people have been in your shoes so I'm not sure how many people here could help you under your specific circumstance.

I think the only way to get control over the situation is to be the one to go to the authorities first. Police, for one. The only way to get control over someone who violates you is by letting the law take its course on him. The stop right after the police station should be an immigration agent you are familiar with and explaining the situation.

I highly doubt any of those people would want you to suffer any more than you already have, they would want to help you improve your life as best as possible. I don't think there's anyone out there who wouldn't have sympathy.

Do you know anyone else in Australia? Do you have an employer who might be able to sponsor you?

Also I am not sure if Australia has this, but back home in The Netherlands there is a phone number for free legal advice. They are generally law students who are trying to get experience just before they graduate and are very helpful and eager to help you find solutions. I'm sure Australia has something of the sorts, at least some form of free legal advice.

I hope you had a good immigration officer while getting your visa and you remember their name. There is nothing like a familiar face when you feel like you're up against the world. Good luck and please let us know how it went.

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Old 02-24-2012, 03:39 PM
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Sorry to hear about your situation. I don't know in Australia if there are services that can assist you. In the U.S you can request an application for protection order even you are not a U.S. citizen/permanent residence at court houses, women shelters, legal services office and police stations if you have an abusive husband because the court will not interrogate you about your immigration status when you seek for protection order.

maybe you can consult an immigration attorney or visit your nearest immigration office and ask about the immigration policy on how you can protect yourself and your kids.

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Old 03-04-2012, 11:06 AM
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Report it to the police and get you and the kids away to prevent further violence. Contact immigration for advice there may be a way to work around the visa. S


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Old 08-17-2012, 02:27 PM
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Sorry to hear about your situation.

Spouse and children of main applicant can still remain in Australia if you can prove DV. You need to advise immigration department of the situation. Pending, his 457 is not cancelled, you'll be able to apply for the same rights as if you were still the secondary applicants on his 457. Just be mindful, if he no longer has the 457, you will have same conditions, but if he gets PR, you have that right too. Just make sure you document, photograph and report everything to the relevant people, doctors, women's shelter, social workers, police, psychologists, etc...
There are organisations out there to help people in situations like yourself. Call red cross or salvo's they will be able to help you locate assistance. If you're in Brisbane, contact Refugee and Immigration Legal Service ( RAILS) in Westend.

Hopefully things will get better for you.


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Old 09-05-2012, 02:26 PM
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First of all its sad to listen.Let me tell you one thing that if your hubby is the main applicant of the visa then despite of this he has no right to exploit your self and your kids as well.There is good option for you to contact security institution like Police for security and help.Trust me it is better option for you and for your kids as well..


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Old 09-06-2012, 01:40 PM
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You must contact immigration attorney. Must do it. Don't let your and the life o your children be destroyed.


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Old 10-10-2012, 10:04 AM
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Very sorry to hear this kind of news from u...........nyways its a very critical issue as I hv seen.Better take the police consultation thus u'll get the proper suggestion.Thanks.


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Old 09-12-2013, 12:39 PM
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Angry Marriage end before pr given

Does anyone know what happens when a uk couple seperate prior to applying for PR? Can you seperate the application and apply individually?

If the 457 was on one persons sponsorship, would the other partner have to reapply or be sent home?


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Old 09-13-2013, 11:14 PM
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Quote:
Originally Posted by twokids View Post
my husband conducted family voilence to me and children, and threaten to cancel my subclass 457 visa (he is the main applicant).

I want to know, under this circumstance, what should I do?

Can my children and I stay in Australia under our 457 visa?

How can I check my visa status to know if my visa is still valid or not?

how can we get permenant residence so that we will be no longer under his visa control? many thanks.
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.

http://www.immi.gov.au/migrants/fami...fv-english.pdf

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.

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