Partner visa complicated case - Need help !

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Partner visa complicated case - Need help !


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Old 03-19-2011, 07:57 AM
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Partner visa complicated case - Need help !

Hi all,

My questions are,

1. In case the sponsor continue for his ex-wife's spouse visa, since she has been living oversea during 2 years provisional temporary visa, she's still eligible to get the Permanent Resident?

2. Will those affect to the 2nd future spouse visa application? (some lawyers adviced that my husband better wait for 1 yr later, let her get PR then divorce then can start the 2nd spouse visa application ?!


Very appreciated for any replies.
Regards,


Last edited by stitchthp; 03-20-2011 at 05:54 AM. Reason: For sensitive reason

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Old 03-19-2011, 02:02 PM
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It seems the Aussie guy needs to do a but more thinking to resolve this situation for the very first thing he needs to do is respond to the DIAC letter and if his wife has returned to China some time ago he needs to inform them that the relationship no longer exists and from what you describe I would be surprised if his wife will be granted PR.

The next step he can have a look at is filing for a divorce and if the marriage was in Australia, there should be no problem for him to puruse a divorce for that can occur without both parties agreeing.
The sooner the guy lets Immi know what has occurred and gets the current sponsorship situation cleared up, the quicker he'll be able to do something about sponsoring you.
Normally he would have to wait five years to sponsor someone else but there are some reasons that this may be waivered, you having given birth to a child being one if you read Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100)

It would seem the lawyers have not given such good advice and you should not be paying such people anymore money.
By your husband advising Immi with the truth and then seeking to sponsor you, he cannot get into trouble but if he does not inform Immi truthfully what has been going on just so his wife can get PR and then hope she will give him a divorce he is involving himself in immigration fraud and that can be trouble for him.

he does not even have to wait until he gets a divorce if initially he is prepared to sponsor you as a partner and then once a divorce is processed, you can get married.
Be completely truthful and you do not have such a complicated situation afterall.





Last edited by Wanderer; 03-20-2011 at 08:42 AM.

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Old 03-20-2011, 04:34 AM
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Hi Wanderer,

They got married in China, and he was Permanent Resident at that time (he just got Au citizenship last yr) so I don't know if he can process the divorce procedure according to the Australian law or not ?

Actually I have read and researched quite alot about the law that apply into our case and at 1st we also gonna stop his ex wife's spouse visa application but after seeing those lawyers, and what they told us make us so confused, they drew the very tough situation for us. They said that I should be feel guilty for what I have done and he should do something to compensate for her. And my husband seemingly feel the same too. I have no idea if this is all my fault?

Anyway, after reading what you said, actually the situation is not complicated but just the people make it complicated. Again thanks very much Wanderer, you clear my mind.
Regards


Last edited by stitchthp; 03-23-2011 at 07:08 AM.

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Old 03-20-2011, 08:37 AM
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Even though they got married in China, because Australia recognises that marriage, he can still file for divorce in Australia and there is a timeline for him to do that.
You can read about the approach @ Divorce
It is actually something he can do himself and another reason to ditch those lawyers and I wonder whether they are in Australia and if not all the more reason to ditch them for they may not be familiar with Australian Law.

If they are in Australia and suggesting that the Aussie guy does not report the separation situation to Immigration, they should be reported to both Immigration and other legal authorities.
They have no right to make you feel guilty and it nearly seems they are representing the Chinese wife and not you and the husband so certainly do not feel guilty.

In actual fact, if the Chinese wife is supported for PR, Immi will know something is odd if she has been back in China for a long while because that will be in immigration records and so if Immi are told a relationship still exists it will mean trouble.

So I am glad you understand now and the head is a bit clearer.
Step by step, what needs to happen is as follows;
. Husband notifies Immi without delay and PR will not proceed
. When two years is up from when marriage occurred and they have been separated for a year, he can apply for a divorce.
. As soon as the Immi matter is cleared, he can enquire about a waiver for sponsoring you because you have a child together.
Immi may be a little hesitant because of the recency from the sponsorship and marriage but if he clearly documents what has been happening re the Chinese wife returning to China and yet threatening no divorce to get PR and the advice from Lawyers, the situation for you both may be OK.
. Once he has the divorce [ and he definitely does not need her approval ] you can proceed to get married.





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Old 03-20-2011, 10:17 AM
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Hi Wanderer,

Those so called lawyers are in Australia, forgive me I can't say exactly about them for sensitive reason, but they addressed themselve with very experienced and high reputation lawyers, registered agents with good company websites. That why after seeing them, I often get sleepless.

Wanderer, you are the best consultant that I've ever known. You also gave me an informal psychology treatment in someway and thanks a lot for that.
Best regards,


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Old 03-21-2011, 12:18 AM
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Quote:
Originally Posted by Wanderer View Post
Even though they got married in China, because Australia recognises that marriage, he can still file for divorce in Australia and there is a timeline for him to do that.
You can read about the approach @ Divorce
It is actually something he can do himself and another reason to ditch those lawyers and I wonder whether they are in Australia and if not all the more reason to ditch them for they may not be familiar with Australian Law.

If they are in Australia and suggesting that the Aussie guy does not report the separation situation to Immigration, they should be reported to both Immigration and other legal authorities.
They have no right to make you feel guilty and it nearly seems they are representing the Chinese wife and not you and the husband so certainly do not feel guilty.

In actual fact, if the Chinese wife is supported for PR, Immi will know something is odd if she has been back in China for a long while because that will be in immigration records and so if Immi are told a relationship still exists it will mean trouble.

So I am glad you understand now and the head is a bit clearer.
Step by step, what needs to happen is as follows;
. Husband notifies Immi without delay and PR will not proceed
. When two years is up from when marriage occurred and they have been separated for a year, he can apply for a divorce.
. As soon as the Immi matter is cleared, he can enquire about a waiver for sponsoring you because you have a child together.
Immi may be a little hesitant because of the recency from the sponsorship and marriage but if he clearly documents what has been happening re the Chinese wife returning to China and yet threatening no divorce to get PR and the advice from Lawyers, the situation for you both may be OK.
. Once he has the divorce [ and he definitely does not need her approval ] you can proceed to get married.
Wanderer,

Thanks for the link on divorce, you surely helped me on this and put to rest some of my anxiety.I wonder if you are a solicitor by profession because you are so knowledgeable.Had i found this site sooner, we don't even have to employ the services of an agent,Your advices and assistance would have suffice.

Cheers!

rowena


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Old 03-23-2011, 02:51 AM
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Hi Wanderer,

Just 1 more question related to 5 yrs ban.. my baby was born outside of Australia, but he's not eligible to apply for Australia citizenship by descent bcoz he was born before the time his father got the citizenship certificafe, anyway my boy got the birth certificate which is clearly stated the name of the parents .. will this can be take into account in order to seek the 5 yrs ban waiver?

Many thx again and regards,


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Old 03-23-2011, 08:22 AM
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Hi,

It doesn't matter if the baby has Aussie citizenship or not, the main thing I think is that the baby was from your relationship together, which you can prove with the birth cert. So, I think this could be considered in waiving the 5 year ban. I would call DIAC to check with them to make sure.


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