getting divorced

[jwjw]

my husband is due to get his permanent residency. we are having marital problems and may lead to divorce. we have a baby.
if we divorce can he be sent back to his country. i believe he has used me to come to Australia. he keeps threatening that he will divorce me after he gets his permanancy. does he automatically get his permanancy after 2 yrs of being in australia or do I have to also fill out more forms to allow him to stay here.
if we divorce i dont want him in this country anymore

[nvoorst]

He does not automatically get PR.

DIAC will check whether applicant and sponsor remain in a qualifying relationship and , if not, whether other circumstances justifying grant of a permanent visa exist.

That might well be the case, since there is a child involved.

It might be a good idea to go and see a family lawyer, so you are both clear about your rights in regards to custody etc.

[jwjw]

is having a baby enough to keep him in this country?
how do i prove abuse? do i have to prove abuse?

[nvoorst]

If Family (Domestic) Violence has taken place, then you should involve the police and/or a social worker and get them to guide you through the process.

If your husband has custody or joint custody of the child, then he might not need to meet the usual criteria for permanent residence.

I really believe that this more of a family law than a migration law matter (even though there might be consequences for your husband under migration law) and I advise you to see a family lawyer first and go from there.