Need advice on delicate marriage visa situation.....

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Need advice on delicate marriage visa situation.....


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Old 06-14-2011, 10:51 PM
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Need advice on delicate marriage visa situation regarding a Filipina.....

A filipina friend of mine married a NZ citizen, living in Australia. She has been in AUS for 3 months now and has been hit twice by her husband already. She was just married last year in Feb or March (IN AUSTRALIA) and just moved to AUS in February of this year. She has not changed status to her husbands last name yet.

What recourse does she have to get out of this situation of domestic violence? She is planning to leave next year to go back to the Philippines and her family.

Does she need to divorce the man first?

Does she need to reside in AUS during the divorce proceedings?

Is her status still legally single?

How long does divorce take in AUS given the amount of time they are together.

What are the terms of legal seperation in AUS?

Can anyone recommend a divorce lawyer in the Brisbane area that I can consult with and possibly hire for her.

Thanks for any possible help....



Last edited by Phazuka; 06-15-2011 at 06:05 AM.

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Old 06-15-2011, 03:53 AM
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Hi there,

I guess your friend is there on a partner visa? First, she should think about contacting the police about what is going on. And, she should tell DIAC what is going on. Of course, it's a sensitive issue, so I'm sure DIAC would treat it confidentially and not tell her husband if she told them not to.

There are plenty of places to go for help, but she go to the police and let them know that he has abused her physically. They might suggest some further counselling services and advise her about whether she should press charges against him.

Family violence contact officers
Family violence contact officers are located at department offices in each state and territory. They are immigration officers who are experienced in handling applications from people seeking permanent residence on the grounds of family violence.

They provide information on the FVP as well as details of organisations that offer a range of welfare and legal services.


So, contact DIAC and let them know what is happening. Whether she wants to stay in Australia or not is her choice, but DIAC needs to know what is going on. They can also give her information about what to do next.

Australian Immigration Fact Sheet 38. Family Violence Provision

Read the DIAC site for more information. As for lawyers, I've never used any in Brisbane so wouldn't know where to point her in that regard.

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Old 06-15-2011, 06:13 AM
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Hi Aussiegirl,

It's a spouse visa, I believe.....but I'll have to ask.

I don't think she will report anything, she doesn't have anyone else around her to run to or get away to. She will just try to appease him and not say anything until she can get out of that situation. Right now, she is just trying to work and to support her family back home.

Until then, she has questions anonymously through me.

How long until she has to change her status? Is it 2 years living in the country and married?

If she doesn't change her status would her spouse visa be revoked and she would have to return to the Pinas?

Any answers to these new questions and the original questions would be helpful.


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Old 06-15-2011, 08:25 AM
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Hi,

I understand your friend is afraid, but she should not be afraid to report her husband. She doesn't have to suffer for her visa.

If you read the information I gave you, it says DIAC will give her advice about how she can stay in Australia and still get her PR, BUT she has to tell DIAC what is going on first. If she doesn't tell DIAC about this situation, and her husband reports to DIAC that the marriage has broken down (which he can and must do if they break up), then she is putting herself at risk of having her visa cancelled.

Please convice your friend to go to DIAC. They are not the police, they won't do anything to her husband, but they can help her stay in Austrlalia and work so that she can support her family.

As for divorce, take a look at this site. It gives you all the basic information about getting a divorce in Australia. Your friend can divorce in Australia if she had been in the country 12 months or more. She doesn't need a lawyer to file for divorce and can do it using a divorce kit, available through this link:

http://www.familylawcourts.gov.au/wp...vorce/Divorce/

This site also has information on seperation.

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Last edited by aussiegirl; 06-15-2011 at 09:43 AM.

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Old 06-15-2011, 09:45 AM
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We just want to help you and your friend and don't want her to be a victim of her husband's abusiveness. Please let us know if you have any more questions.

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Old 06-15-2011, 12:31 PM
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Thanks everyone for the advice. I think her plan is to return go her family in Pinas and go back to her former American bf and marry him and with the end goal of filing a fiance or spouse visa. She doesnt want to mess up any chance of being able to get to the usa.


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Old 06-15-2011, 12:44 PM
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I'm going.to consult with her at the next opportunity and ask her to read this information.


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