Cancelling a Temporary Spouse Visa

[misskristie]

Hi there,
I have sponsered my Irish partner on a spouse visa that was approved six months ago. We have an 18 month old son together. Unfortunately our relationship is not working and I have asked him to move out. Now he is a great guy, wonderful father and skilled Mechanical Fitting tradesman, but our relationship is quite unstable and its not in the best interests of anyone concerned to keep it going, however I dont want to have him deported, it would devestate him not to be able to see his little boy and in return my son would be lost without his father, but I am unsure of what to do. If I do withdraw my sponsership will he be deported? Is there another option in regards to alternate visa options? I'm quite anxious about this and dont want anyone hurt, so any advice or feedback wouls be greatly received.
Thanks!

[nvoorst]

Hi Kristie,

Sorry to hear about your predicament. Unfortunately it is a fairly common scenario. Some things to consider :

There is a requirement to notify the department of any change in circumstances.

I believe that your partner can still be granted a permanent visa, because of the fact that a child is involved. It is probably a good idea to see a family lawyer and ensure that you have joint custody etc.

I would not notify the department until this has been sorted out.

This will give you time to consider all options and it keeps the relationship "intact', insofar that you have not yet separated permanently, even though you might be living apart for a while. There is always the possibility of a reconcilliation.

You can find some more relevant information and possible assistance here : http://www.iarc.asn.au/ or you can contact a registered migration agent to assist you, once the family law side of things has been addressed.

The following is from DIAC's policy manual :


if an officer is satisfied that a child is the child of the applicant and their Australian partner, the applicant has rights and responsibilities towards that child unless there is evidence of the visa 801 applicant being denied any access to that child by a court or that the Australian partner has sole custody of that child.
Under policy, this means that, unless an officer has a particular reason to believe such evidence exists, they can accept a statutory declaration from the applicant to that effect. Although not a requirement under law, it may assist an officer if an applicant can provide other documents, such as a court order giving access, a parenting order or parenting plan that attests to their parental responsibility.
If the applicant can satisfy this provision and if all other criteria for the grant of the visa 801 can be met, the applicant is not required to wait out two years before being granted their visa 801.


Regards,

Nick