Subclass 300

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Subclass 300


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Old 03-08-2010, 09:47 AM
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Subclass 300

Hullo everyone,
I am telling this story and asking this question for my elder 60 y/o Philipina friend who is now in Australia on a Prospective Marriage Visa Subclass 300.

She has been here a little over two weeks.
The husband to be has thrown her out of the house in the ,cold wet,dark night with no money,phone in the country area with nothing.
She hid under his house for a few hours scared.

Her family phoned us looking for her and we called the police because she had not been seen when we rang the husband to be,he abused us and said she wasn't there anymore..
Fears for her safety were apparent.

The police arrived and she came out from under the house,
They interviewed them both ,she lied for him so he would not get in trouble and when the police left she went back under the house and slept the night amongst the mosquitoes and frogs.

In the daylight she tried to talk to him and he became abusive again.She walked to our house with her bags and stayed the day,she just went and seen him again one hour ago to reconcile,however he became loudly abusive again and grabbed her arm shaking and pushing her out again.

I do not know what to do,is she automatically to be sent back to the Philippines once it is known the relationship has broken down?
He is sure to pull his sponsorship if this cant be resolved .

We could use some advise here please
Thanking you in advance


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Old 03-08-2010, 11:45 AM
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A PMV has a condition on it requiring the couple to get married by the nominated date within nine months of the visa holders arrival in Australia or the visa becomes void.

For whatever reason it now seems that this Aussie fella [ and not a nice bloke either it seems ] has had second thoughts about going through with this relationship and so by the time the nine months is up your friend would need to leave Australia.

Not all Aussie blokes are of good nature [ some getting Asian brides having something of a reputation, though there are genuine fellas too ] and his treatment of your friend is certainly no way to behave to any woman.
Your friend will be the best one to understand whether there is any hope to reconcile the situation and as bad as it may seem she may be better off not subjecting herself to what could turn out to be a more violent relationship.

Unfortunate as it is, your friend is better off to have experienced this sooner rather than later.
While she still holds the visa, she would be able to legally work if that was possible for her - Prospective Marriage Visa (Subclass 300)

Under obligations, you can note that it is primarily the responsibility of the sponsor to notify Immigration and the sponsor also has financial responsibilities to your friend.
She needs to decide if there is no future in the relationship and if so it would be best for her to lodge a Change of Conditions form with Immigration and probably ought to have a talk with someone at Immi re the sponsors financial obligations to her and whether they will assist in that regard as far as the sponsor providing that.

Ultimately, she may need to meet with Philippines Embassy/Consulate people if she needs help in returning and should have this guys details recorded with both Australian Immigration and the Philippines government so it'll be harder for him to be involved this way again.





Last edited by Wanderer; 03-08-2010 at 08:24 PM.

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Old 03-08-2010, 07:31 PM
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.

Thank you so much for your quick response,
You are indeed a person of great knowledge,
I was reading the Partner Migration booklet page 48 and there is a provision in it for Family violence ?

Do you know if this can be applied before a marriage takes place or only after it takes place?

We will be helping her ourselves and trying to reconcile the relationship,but we need to prepare for possibly a bad outcome and prepare for this.

The only reason for his acts against her was she spoke to other Filipinos when he forbid her to.


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Old 03-08-2010, 08:40 PM
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Quote:
Originally Posted by Alma View Post
.

Thank you so much for your quick response,
You are indeed a person of great knowledge,
I was reading the Partner Migration booklet page 48 and there is a provision in it for Family violence ?

Do you know if this can be applied before a marriage takes place or only after it takes place?

We will be helping her ourselves and trying to reconcile the relationship,but we need to prepare for possibly a bad outcome and prepare for this.

The only reason for his acts against her was she spoke to other Filipinos when he forbid her to.
Yes, there is provision for violence in relationships but you'll find that with a PMV it will only apply after a marriage has at least taken place
Australian Immigration Fact Sheet 38. Family Violence Provision

I think if this guy is forbidding her to speak to other Filipinos, that is a bit stupid on his part and with such a show of domination your friend ought to be wary of attempting reconciliation for I could imagine that kind of person being very set in their ways.





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Old 03-09-2010, 08:38 AM
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Quote:
Originally Posted by Wanderer View Post
Yes, there is provision for violence in relationships but you'll find that with a PMV it will only apply after a marriage has at least taken place
I think if this guy is forbidding her to speak to other Filipinos, that is a bit stupid on his part and with such a show of domination your friend ought to be wary of attempting reconciliation for I could imagine that kind of person being very set in their ways.
Thank you for your kind input,once again today my friend went to his house to try and reconcile only to be told he doesnt want her anymore and changed his mind about her, she is no longer welcome at his house.

I don't understand his mindset as this lady is a gem,never could he get anyone better?

Imagine taking a 62 y/o lady from the Philippines and dumping her after two weeks?There must be a law relating to this.
We think maybe the idea of supporting her has suddenly hit him and he possibly wants out.
How do we go about it to see he honours his commitment to support her?

Obviously we are worried ,can they send her home before the nine months are up?
She is in good care now and in no danger,but this is not right.
Looking forward to your reply,


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Old 03-09-2010, 10:39 PM
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Quote:
Originally Posted by Alma View Post
Thank you for your kind input,once again today my friend went to his house to try and reconcile only to be told he doesnt want her anymore and changed his mind about her, she is no longer welcome at his house.

I don't understand his mindset as this lady is a gem,never could he get anyone better?

Imagine taking a 62 y/o lady from the Philippines and dumping her after two weeks?There must be a law relating to this.
We think maybe the idea of supporting her has suddenly hit him and he possibly wants out.
How do we go about it to see he honours his commitment to support her?

Obviously we are worried ,can they send her home before the nine months are up?
She is in good care now and in no danger,but this is not right.
Looking forward to your reply,
It is not good in anyway for the lady Alma and not morally right even if there are no real laws about the situation other than with Immigration.

I can only think this bloke is too set in his ways and a bit of a B besides.

I am pleased she is in good care now and full credit to you with your involvement.

As regards what immigration can/will do, that's beyond my ability to determine but there's possibly a couple of things in her favour.
1. Her visa officially will not expire until nine months from arrival is up.
2. The onus from Immi site regs would appear to be on the sponsor re reporting any change and whilst I'm no psychologist I'd reckon id this fella had any morals/guilt feelings at all he'd be somewhat hesitant to put in advice to Immi and seeing as he seems a complete B, I'd reckon such people would not be too concerned with doing that anyway.

As to following up re support, that'll possibly make the situation more apparent with Immi for it'll involve legalities or threat of it I'd expect.

So I reckon the best thing for now may be for the lady to bide her timer a bit as best she can and if you're involved with her still, perhaps you can help her find some work for as I've said she can still legally work while she has the visa, even some light domestic work.

And given a bit of time you may even have a circle of friends where a real eligible gent takes a shine to her which may complicate things initially but life has its ways even if it means leaving Australia briefly to be able to return on a different visa - another thread later perhaps.

Get yourself another couple of posts up, just simple stuff, like Hi I'm Alma in Intro area or a quick travel post about the wonderful Australian countryside and I'll be bale to PM you a contact re the visa/legal side of things.





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