Removing Divorced Secondary Applicant from Subclass 176 visa

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Removing Divorced Secondary Applicant from Subclass 176 visa


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Old 04-20-2012, 11:45 AM
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Removing Divorced Secondary Applicant from Subclass 176 visa

Hi everyone,

I am from Pakistan and i have applied for Subclass 176 (State Sponsorship, Victoria State) visa on 23rd May, 2011. At the time of applying I had family including my wife and my daughter of around 3 years. Due to some issues we have been divorced on 14th September, 2011 and my divorce effected date is 14th December 2011.

Now because my ex-wife has been separated and has no further relation with me, so I update and requested my case officer to remove my secondary applications (my ex-wife and my daughter) from my application. Case officer asked me (in fact my visa consultant ) that we have to submit 1022 form stating that I want to remove my secondary applicants from my application and this form should be signed by secondary applicant stating that she want to be removed from my visa application.

Now, the problem is that my ex-wife is not ready to sign on any document because of the revenge I guess, and this is what I was expecting from her. But other side my consultant is saying that without her signs we cannot proceed further and even case officer will not process my application. I suggested my consultant to take this in knowledge of my visa application case officer that my ex-wife is not ready to sign on any document but according to my consultant we should not contact case officer once he has asked us to submit signed 1022 form from my ex-wife in any case.

I am wonder that will my application be rejected only on this base that my ex-wife will not sign on 1022 form stating that she and our daughter is not going with me. This is natural reaction from her and she will never support me at any stage in this visa application and even ever in my rest of life due to revenge.

Please I really need experts opinion on this or anyone who had already been passed from this situation. I would be really thankful to you all.


Last edited by raja.asim; 04-20-2012 at 11:50 AM.

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Old 04-24-2012, 06:21 AM
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I am still waiting if anyone can help me out in this regard.

Thanks


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Old 04-24-2012, 09:24 AM
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You can proceed if you provide the CO with relevant documents (divorce notice/ court papers/ statuary declaration outlining why you can't etc). You'll still need to sign the 1022 form and send, without your wives signature.

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Old 04-24-2012, 10:16 AM
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thanks Boboa.
I have all documents like Divorce certificate, courte papers regarding my child custody (that was given to my ex-wife). Can you bit explain that what should i mention in statuary declaration?

many thanks.


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Old 05-03-2012, 01:33 AM
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It seems a pity that you have to cut off your links to seeing your little girl on a more regular basis. I am sure as a father it must weigh you down but I can see you feel you have no choice. What would happen if you went ahead with your application and allowed your exwife to come over so as to be able to have some rights to see your daughter more frequently? At least you can insure she has a good future in terms of education etc. Your ex can probably manage for herself. And it may be good for her to be out of the country and look at bettering her own prospects. I am hearing a lot of pain and resentment in your words and can see the issues at hand are between the both of you, but that little girl will suffer a loss too and that is the loss of her father. The occassional visit to Pakistan will never compensate for the regular visits she could have here. Perhaps being away from family influences may make a difference. I would think about a better solution to make the whole thing work. Unless of course you are not too concerned about leaving your daughter behind. And if that is the case then that is allright too as that can happen due to cultural conditioning. In which case just re apply I would say - as a single man. I s that possible? A lot of Indian men seem to be able to do this.

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Old 05-03-2012, 03:13 AM
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Quote:
Originally Posted by nimsay13 View Post
It seems a pity that you have to cut off your links to seeing your little girl on a more regular basis. I am sure as a father it must weigh you down but I can see you feel you have no choice. What would happen if you went ahead with your application and allowed your exwife to come over so as to be able to have some rights to see your daughter more frequently? At least you can insure she has a good future in terms of education etc. Your ex can probably manage for herself. And it may be good for her to be out of the country and look at bettering her own prospects. I am hearing a lot of pain and resentment in your words and can see the issues at hand are between the both of you, but that little girl will suffer a loss too and that is the loss of her father. The occassional visit to Pakistan will never compensate for the regular visits she could have here. Perhaps being away from family influences may make a difference. I would think about a better solution to make the whole thing work. Unless of course you are not too concerned about leaving your daughter behind. And if that is the case then that is allright too as that can happen due to cultural conditioning. In which case just re apply I would say - as a single man. I s that possible? A lot of Indian men seem to be able to do this.
The advice you giving is deceiving and potentially harmful. It is not a "cultural" thing, if he doesn’t declare that he has divorced his wife, he is deceiving DIAC. and this could potentially create a lot of problems for him down the road. Especially when he applies for citizenship he will need to show that they are together.
In any case you wouldn’t want to start a new life in a new country with an unlawful act and use the “culture” card.
The other important aspect is, if she does anything wrong it will affect his status. If she is being already so "nice" as not to sign a form for him, I doubt it would be smart to have her over. In general this doesn’t sound as a smart idea from all sides.
He also can sponsor his daughter separately if he needs to. At least this way he will do it legally instead of playing around with the law.

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Old 05-03-2012, 03:16 AM
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Quote:
Originally Posted by raja.asim View Post
thanks Boboa.
I have all documents like Divorce certificate, courte papers regarding my child custody (that was given to my ex-wife). Can you bit explain that what should i mention in statuary declaration?

many thanks.
You probabily have already sorted this out. However if not, just outline your current situation, (.i.e. Devorced at date etc, cant contact wife and such), this should be sufficient. CO will undertand your position and should be quite helpful


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Old 05-03-2012, 04:55 AM
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Hi Nimsay & Boboa,

First of all i am really thankful for understanding my position and for your advice, in fact i also wanted to put this option in front of my ex-wife to keep her and my daughter in my application, but as Boboa said that this is not possible and is illegal to proceed with wrong marital status, we have to inform our case officer about all real facts and that what i did.

As far as my daughter future concern, i am his father and i am very much concerned about it. Right now according to the Pakistan Law, i am not legally eligible to keep my daughter with me until she become 9 years of old, after that I will contact court to get her custody and will sponsor her(if she will be willing to stay with me)

Mr.Boboa,
I really appreciate your help and advice right according to the situation and under immigration rules. You are absolutely right that in case if I take my ex-wife with me, it could cause many issues for me to live there and she can put me in big trouble.

Right now I am only waiting for this month, if she sign on these documents, otherwise I will contact my case officer to let him know all situation and I guess my case officer will understand my situation and will proceed my application.

I am again very thankful to you all for taking my thread seriously and for valuable suggestions.

Best Regards,
Asim


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Old 05-03-2012, 05:31 AM
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Firstly I would like to make it very clear there was no question my encouraging him to deceive the immigration authorities. I apologise if I came across that way. But there are ways of working out a way to apply for the divorced spouse and child or children to come to Australia. Like sponsorship. She may like to study further - for instance. I know for a fact that this is possible. The two parents who are adults have managed to resolve their problems by attaining a divorce. And that sometimes is better than going through a miserable and unhappy relationship. In any culture the consequences are the same. But in the interest of the welfare of the children or child of that union, having both parents around whether together or not is always a better option. Who is to say that the mother will allow her daughter to come to Australia? Most mothers do not like to be parted from their children.

I am also surprised that the poor man has to get his wife to sign the form after he has written evidence of the divorce and I sympathise with his dilemma.


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Old 05-03-2012, 05:44 AM
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just spoke to the immigration dept. Their advise is for you to directly contact them on the number you should have been given for direct contact, to seek further instructions and it should not really be a problem. But the advise is for you to directly contact them and not your visa consultant. By visa consultant do you mean immigration agent?


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