Relationship Breakdown

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Relationship Breakdown


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  #1 (permalink)  
Old 02-24-2011, 04:43 AM
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Relationship Breakdown

Hello
My Spouse and our son arrived in Australia on March 9 th 2010.
I withdrew my Sponsorship on 15 .11.2010.
Our son now has Australian citizenship .
She walked away from me on 27.12.2010 .
She lives with son .
Does anyone know how long it will take for Immigration
to make a decision about her visa , will she stay in Australia or
will she have to leave Australia ?
Thank you


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Old 02-24-2011, 06:14 AM
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Hi there,

I'm sorry to hear about the breakdown in your relationship. I assume you're wife has a temporary visa? Or was she granted PR straight away?

If she has PR, she already has the legal right to remain in Australia without your sponsorship. But, if she only has a temporary visa, she will have to show that she still has grounds to stay in Australia. If your child has citizenship and it's from the relationship, then this can be consideration for DIAC to grant her PR.

If she's in doubt, she should contact DIAC and ask how she can stay in Australia to be with your son.


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Old 02-24-2011, 06:28 AM
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Quote:
Originally Posted by aussiegirl View Post
Hi there,

I'm sorry to hear about the breakdown in your relationship. I assume you're wife has a temporary visa? Or was she granted PR straight away?

If she has PR, she already has the legal right to remain in Australia without your sponsorship. But, if she only has a temporary visa, she will have to show that she still has grounds to stay in Australia. If your child has citizenship and it's from the relationship, then this can be consideration for DIAC to grant her PR.

If she's in doubt, she should contact DIAC and ask how she can stay in Australia to be with your son.
Hello.She ( Olha ) is not my wife , she does not have PR , she arrived on a Spouse visa .I am sure she knows all her rights that this country can offer and she will use them .She knows who to work the system .
I know she must apply for another visa , but I do not know who long it will take . I am not seeing my son , because this will give her more grounds to stay in Australia . To be honest , she walked away on 27.12.2010 and i saw my son for the first time yesterday , as i did not know where he was .
I can think of a reason for her to stay , we do not share our son , she is
100 % in control of him .If she is granted PR then I will be more active in
my sons life . What I really want to know is how long Immigration will take to
make a decision .I believe she used me to migrate to Australia and I have writen letters to the second stage processing dept to let them now my opinion .Thank you


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Old 02-24-2011, 11:16 AM
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Quote:
Originally Posted by kjrr View Post
Hello.She ( Olha ) is not my wife , she does not have PR , she arrived on a Spouse visa .I am sure she knows all her rights that this country can offer and she will use them .She knows who to work the system .
I know she must apply for another visa , but I do not know who long it will take . I am not seeing my son , because this will give her more grounds to stay in Australia . To be honest , she walked away on 27.12.2010 and i saw my son for the first time yesterday , as i did not know where he was .
I can think of a reason for her to stay , we do not share our son , she is
100 % in control of him .If she is granted PR then I will be more active in
my sons life . What I really want to know is how long Immigration will take to
make a decision .I believe she used me to migrate to Australia and I have writen letters to the second stage processing dept to let them now my opinion .Thank you
According to Partner Migration booklet 1127, P18
Under certain circumstances, if your former fiancé(e) or partner has been granted a temporary visa and is already in Australia, they may still be eligible for a permanent Partner visa and may not be required to leave Australia.

In addition, your former fiancé(e) or partner will generally have the same rights and entitlements under Australian law (including the Family Law Act 1975) as an Australian-born person. This may mean that they are entitled to part of your property, assets and income.

You should note that, if an Assurance of Support (AoS) is requested as a condition for the grant of your former fiancé(e) or partner’s temporary partner category visa, the assurer remains legally committed to repay certain social security debts (if any) that have been paid to your former fiancé(e) or partner. This means that, if you provided an AoS for your fiancé(e) or partner, even if your relationship has ended, you will still be liable to repay any social security debt that they may incur during the two-year period of the AoS.

Hope this would help.


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Old 02-24-2011, 01:02 PM
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It could be quite a while before Immi do too much on something like this for they do have a lot of other issues on their plate at the moment.
Resource wise, they are being rather stretched with people smuggling issues and it would seem that will remain so for quite some time.





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Old 10-01-2011, 04:35 PM
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Quote:
Originally Posted by aussiegirl View Post
Hi there,

I'm sorry to hear about the breakdown in your relationship. I assume you're wife has a temporary visa? Or was she granted PR straight away?

If she has PR, she already has the legal right to remain in Australia without your sponsorship. But, if she only has a temporary visa, she will have to show that she still has grounds to stay in Australia. If your child has citizenship and it's from the relationship, then this can be consideration for DIAC to grant her PR.

If she's in doubt, she should contact DIAC and ask how she can stay in Australia to be with your son.
i got my permanent residency subclass 100 3 weeks ago. i m permanent residence of australia. hoewewr, my husband wants to cancel my permanent residence visa and want me to go back to my country.because he like someone else. we are still livig together and i have evry proff eg joint bank statements, home loan papers, living together .sharing bill.my question is that can he now cancel my permanent residency?
i m overseas at the moment. would they let me come again or not


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Old 10-02-2011, 12:51 AM
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If you have permanent residency this can't be cancelled.
A gentleman posted similar on here recently, his ex was trying to do the same and he didn't know if he had to notify DIAC but as the permanent residency had been issued and the relationship was legit their is no need.
So you have no worries. If your husband likes someone else and they are not a permanent resident he will not be able to sponsor them as their is a 5 year restriction. Just by the by - maybe irrelevant.


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Old 10-02-2011, 01:10 AM
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Quote:
Originally Posted by Bear View Post
If you have permanent residency this can't be cancelled.
A gentleman posted similar on here recently, his ex was trying to do the same and he didn't know if he had to notify DIAC but as the permanent residency had been issued and the relationship was legit their is no need.
So you have no worries. If your husband likes someone else and they are not a permanent resident he will not be able to sponsor them as their is a 5 year restriction. Just by the by - maybe irrelevant.
thanks for ur reply. can u give me ling of that gentlman please. i m bit worried but i have all evidences like joint bank account, joint home loan, living together for two yrs .correspondence at same address. marriage certificates .wedding photos


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Old 10-02-2011, 01:19 AM
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http://www.australiaforum.com/visas-...sent-home.html
This is the link to the other post.
Please read this then rest assured you do not need any proof if you are already Permanent. You cannot have this removed.

SarahM likes this.


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