False accused for domestic violence, will her PR get cancelled after i win appeal? - Page 2

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False accused for domestic violence, will her PR get cancelled after i win appeal? - Page 2


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  #11 (permalink)  
Old 09-17-2013, 04:56 PM
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Quote:
Originally Posted by MarkNortham View Post
Hi Shuning -

I will need to research this - they have recently changed some of the rules regarding domestic violence and partner PR - will let you know.

Re: NZ, the pathway is longer now - residence visa -> permanent residence -> citizenship - typically takes 4+ years.

Best,

Mark Northam
Hi Mark,

Thank you very much for your kind advise here.

I was wondering if you have found any information on this. Form 40sp mentions “ Your partners visa application may be refused …… if you have previously sponsored or nominated 2 other persons as fiancé(e)or partner for migration to Australia (including sponsorship/nominations you may have withdrawn but your former fiancé(e) or partner obtainer permanent residence on family violence grounds”

It indicates a sponsor have second chance if the first relationship ended while sponsored partner got PR with proven/unproven family violence ? is it correct ?

Waiting for your valuable advise.

Thanks.


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Old 09-17-2013, 10:39 PM
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Hi -

In looking at Regulation 1.20J of the Migration Regulations 1994 which covers multiple sponsorship limits, there is no language that would prevent a sponsor who has sponsored once in their lifetime and that sponsorship ended in a claim of family violence, from sponsoring a second time. Do note that there is a limit of 2 sponsorships per lifetime for sponsor unless the Minister believes there are "compelling circumstances affecting the sponsor."

Hope this helps -

Best,

Mark Northam

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Old 09-18-2013, 04:01 AM
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Quote:
Originally Posted by MarkNortham View Post
Hi -

In looking at Regulation 1.20J of the Migration Regulations 1994 which covers multiple sponsorship limits, there is no language that would prevent a sponsor who has sponsored once in their lifetime and that sponsorship ended in a claim of family violence, from sponsoring a second time. Do note that there is a limit of 2 sponsorships per lifetime for sponsor unless the Minister believes there are "compelling circumstances affecting the sponsor."

Hope this helps -

Best,

Mark Northam
Hi Mark,

Thank you very much. I agree with your advise.

I found a link (site not allowing to post link) under Changes to the special provisions relating to domestic violence and the limitation of sponsorships for spouse, prospective spouse and interdependency visas 1 July 2005 - Legislation change

The changes stated “Where a visa has already been granted as a result of domestic violence committed by the sponsor, the sponsor is prevented from lodging more than one further partner sponsorship.”

I cannot understand this sentence properly. More than one further indicates no 2 sponsor?

Please simplify this line. I thank you for your time.


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Old 09-18-2013, 04:09 AM
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Hi Gfsrm -

Re: the text, it is clarifying that a visa granted as a result of domestic violence (now called family violence) counts towards a sponsor's 2-visa lifetime maximum for sponsoring. So in the example, if a sponsor has already sponsored once and that visa was granted and there was family violence involved, the sponsor may not sponsor any more than 1 additional (further) sponsorship, so 2 in total. It's the same for non-family violence cases - 2 is the lifetime max.

Hope this helps -

Best,

Mark Northam

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Old 09-18-2013, 05:25 AM
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Thanks a ton for your time.

may God bless you.


  #16 (permalink)  
Old 09-18-2013, 05:27 AM
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Thanks, glad to help!

Best,

Mark Northam

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  #17 (permalink)  
Old 11-05-2013, 03:49 AM
Dav Dav is offline
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Hi,

My ex wife brought false allegation of family violence against me as I indicated to
end the relationship knowing her real intention was to gain residency through
the marriage.

She went to the women’s refugee while I was at work. I agreed with the AVO without admission of her allegations as I wanted to let it go.

During the AVO time, she tried to contact with me from unknown numbers and later I found it was her number. So I changed my phone numbers then she started to email
me on regular basis (in AVO period) saying she wanted to comeback, she is sorry etc. I did not response and I maintained AVO and no breaching took place.

she kept emailing that she is going back to her own country (both we are from abroad, same country). Going back there she kept writing me and at one stage she started to call my friends, relatives talking bad about me. She also emailed my relatives which was forwarded to me. I had to respond on this occasion and that time I wrote some
hateful email to her and her family members who were involved in the whole
process. Just hateful and disgusting so that they stay away from my family and
friends, no threats I made like -I will kill them, harm them.

Now I came to know she got residency based on my emails. Can it be possible? That took place long after relationship ended, AVO ended !

If this is correct, should I forward her communications to DIAC
and ask to investigate her as a migration fraud?

Will I face difficulty for my second wife’s visa even after
5 years?

Thanks !


  #18 (permalink)  
Old 12-25-2013, 09:41 AM
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Im new here and interested to know what the result was with Shuning's matter.. I have just experienced a very similar situation and there is not much information around about visa applicants using their sponsors in this way..

I searched 820 visa family violence fraud and this thread came up..I am disgusted with how I have been treated in comparison to my wife who only had to lie to prompt the system to her beckon call..


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Old 12-26-2013, 05:57 AM
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You can begin by not trusting anyone.
record everything and every phonecall you get or make or write time/date and keep receipts.
put everything in chronological order.
and do research about how these sort of issues are dealt with and how others dealt with it in the past. That may give you more ideas than us here who don't face such situations.


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Old 12-26-2013, 06:08 AM
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Oh and another obvious thing
Do not contact your partner in any form or fashion. If you have to contact your partner/ex-partner keep in mind that your words will be read out in the court of law.
REMEMBER
Anything you say or write may and very much will be used against you.


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