Advice to cancel Spouse Visa

[TG786]

Hi guys,

Need some help. My Mum got married in the UK a few years ago with a gentleman and they have lived there for 2 years before my mum decided she wanted to move back to Australia with this partner.

They successfully applied for a spousal visa for my mums husband and i acted as an assurance of support for him via centrelink for the 2 year period.

There is now 2 months remaining in this 2 year period since they have lived together in Australia and my Mum has found this man to be abusive in the relationship.

She is desperate to leave him before the 2 years is up otherwise he will be a permanent problem in her life.

What is the best way to go about cancelling the Visa and am i able to do anything as the assurance of support to fast-track it? We are on a deadline and im afraid for her safety the longer he is around

Thanks

[Sheelagh Blanckenberg]

Hi TG786

Welcome to the forum.

A tricky question you pose.

From a purely immigration law perspective, your mum should immediately let the immigration department know that she is no longer in a relationship with this gentleman and that she no longer wishes to sponsor him. You should also let them know you are going to withdraw your assurance of support (have you spoken to Centrelink about doing so?) Your mum should also advise DIAC of the abuse.

DIAC will then take it from there. By that I mean, they will contact the visa applicant and let him know that as his sponsorship has been withdrawn he is no longer in a position to be granted a permanent visa. He will be given a period of time to respond and to make arrangements to either apply for another visa or for him to leave the country.

An awful situation you are in, so the quicker you and your mum deal with it the better.

Kind regards
Sheelagh

[downundervisa]

Sheelagh is absolutely correct. And remember that your mum isn't "getting back at him" by her actions. The man is entitled to be here ONLY if he complies by the Regulations, and the Regulations state that he needs to remain in a proper relationship with your mum for the specified period. If he is not? Then he is no longer entitled to be here. Full stop!

I hope she also keeps right away from him? Because if he's the sort of character who abuses women, chances are he'll also blame her for the outcome.