Permanent residency

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Permanent residency


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Old 03-06-2013, 08:47 AM
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Permanent residency

Hey all
I just got my pr 2 months ago.. My wife sponsored me we were all happy married and she cheated on me couple of times then she decided to leave me after 2 yrs of our marriage before i got my pr .. But i got my pr now we are still seperating but she is saying ..she gonna report to immigration and cancel my pr because she thinks i married her for pr visa.
Just wondering if she can do that and get cancel my pr??
Please help guys


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Old 03-06-2013, 09:01 AM
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Hi Roni -

If your relationship ended before you were granted PR, you may have a problem as both of you had an obligation to report that to DIAC. Especially if there was no domestic violence involved, if either or both of you had reported that, you may have not been granted PR. Since it was both of your responsibility to report this, if this indeed happened, there is the issue that she could get herself into a bit of trouble if she signed papers that said the relationship was intact when in fact it wasn't.

A messy situation to say the least. If the relationship had broken down after you were granted PR, then there is no problem at all - after the visa is granted, your obligation to report any problems/changes with the relationship end.

Best,

Mark Northam

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Old 03-06-2013, 09:24 AM
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Thanks mark.

Yea we didn't breakup before my pr granted.. Its after few weeks we decided that.
Thanks for clearing me out she is making threat that she gonna tell immi that i just used her for visa and she didn't know that and she knows it now so she is reporting it ( thatZ gonna be her made up story)
So you saying she can't do anything right to my visa?
Thanks roni


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Old 03-06-2013, 09:34 AM
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Hi Roni -

Thanks for the note. No, I'm not saying that she cannot do anything to your visa. If she can convince DIAC that the relationship was fraudulent (not genuine), or that it ended before PR was granted and neither of you reported it, there is a chance she could convince DIAC to initiate cancellation proceedings against you, however you'd have an opportunity to argue that the relationship was genuine and intact as of the point PR was granted.

What happened to the relationship after the PR visa was granted is entirely different, and wouldn't affect your visa. The issue also is that if she reports that the relationship wasn't genuine, she may cause as much trouble for herself as she does for you, as it is an offence to participate in a fraudulent relationship and lodge visa applications based on that.

Hope this helps -

Best,

Mark Northam

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Old 03-06-2013, 09:56 AM
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Yea it helped alot man.. Yea relationship did break after few weeks not before so thatz good for me ..
And we are still living together so want to know what is the time frame.. she can lodge the complain would she still be eligible to lodge complain against me after six month or year?
Thanks roni


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Old 03-06-2013, 10:14 AM
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There is no specific time frame in any of the regulations that I know of for lodging a complaint.

And you're still living together under a threat of an immigration complaint? The longer she lives with you, I would imagine might undercut her claims that the relationship is no longer in place.

Best,

Mark Northam

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Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz live video show: https://www.facebook.com/groups/coming2oz/

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