Migration Help

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-   Partner migration (http://forum.migrationhelp.com.au/forumdisplay.php?f=54)
-   -   Relationship Breakdown-READ THIS FIRST (http://forum.migrationhelp.com.au/showthread.php?t=2014)

nvoorst 20th August 2012 07:03 PM

Relationship Breakdown-READ THIS FIRST
 
The following is only relevant as far as Migration Law is concerned.

For other aspects of a relationship breakdown you should seek relevant advice from suitable experts or authorities like a family lawyer, social worker, other agencies that deal with family issues or (in cases of threats or violence) the police.

If you were sponsored for a prospective marriage visa (sc. 300) and the relationship breaks down before the marriage has taken place there are no special provisions which will allow you to stay in Australia unless you are eligible for another visa.

If the relationship ends after the marriage has taken place you may, under certain limited circumstances, still be eligible for a spouse visa.

If you were sponsored for an offshore partner visa (sc. 309/100) or an onshore partner visa (sc. 820/801) and the relationship has broken down before you have been granted permanent residence, you must immediately notify the office handling the application that the relationship with your partner has ended.

Unless you are eligible for another visa you will most likely not be able to remain in Australia. There are some limited circumstances where you can still be granted permanent residence, even if the relationship has ended, for example if there are children from the relationship or if domestic violence has occurred.

The sponsor must also immediately notify the department that the relationship has broken down, or if he/she decides to withdraw his/her support for his/her partner before their application is finalised. Once you have notified DIAC, there is no more you can do. It is up to DIAC to decide if your former partner can remain in Australia or not.

If the break-up happens after your partner has obtained permanent residence there is no requirement to involve DIAC. It is basically just a civil matter between you and your ex-partner.You cannot have your former partner's visa cancelled; you cannot have them removed from Australia.

However, DIAC does have the power to cancel someone's visa on character grounds or if the visa was obtained fraudulently. It is a serious offence to misrepresent yourself, or one of your family members when making an application for an Australian visa. This includes making false or misleading statements, or submitting false information or false documents with your application. Even if someone else completes your application for you, you are responsible for it.


You may not be able to sponsor another partner if any one of the following applies:
  • you have previously sponsored two other partners for migration to Australia (including sponsorships you may have withdrawn where your former partner obtained permanent residence on family violence grounds)
  • you have sponsored another partner within the last five years
  • you were sponsored for a partner visa as a partner yourself within the last five years

If you have previously sponsored or been sponsored, you may still be permitted to sponsor your partner in compelling circumstances, such as:
  • if your previous partner has died or abandoned the relationship leaving young children
  • if your relationship with your current partner is long standing (that is, five years or more)
  • if you and your current partner have dependent children of your relationship
.

In all cases, whether you are the sponsor or the visa applicant, it is advisable to seek advice first from a registered migration agent or a solicitor to discuss your options.

If you cannot afford professional advice you can try and seek help from one of the agencies listed here: http://www.immi.gov.au/media/fact-sh..._providers.htm

Robert K Chelliah 20th August 2012 07:51 PM

Hi Nick

Your posting is timely. I notice lately there are some from ladies who have been cheated of relationship and are seeking revenge to have their sponsored partners visa cancelled. There is no relief for a scorned partner.

I always remind myself the migration laws are not about justice or fairness . It is all about law and regulatory processes. This means the migration laws does not facilitate taking revenge for the comission of injustice. It is purely a jungle of hard and cold faced legal regulations . It has no safety net, by and large , to catch those who fall victims of human farility, particlary in the unpredicatable volitile human relationship. As a qualified social worker (family case worker) sometimes I had wished God has created us human beings without any emotions . Life would have been much simpler. That was not to be.

Those partners who received the raw end of the stick or feel made use of or cheated, the recourse lies elsewhere and not in the migration laws. The best solution would be fortify oneself and move on as a wiser person.

Cheers

Team Oyeniyi 23rd August 2012 11:36 PM

I'm going to add a link to this to my emotions article.

Sad to see all the break-up threads that have been created while we were busy moving house. :(

Palm D'ore 21st May 2013 12:09 PM

visa cancellation
 
I hope you guys could be able to assist with my query.

My query is in relation to Relationship Breakdown!!! My wife of 3 year have left me after gaining a PR. (as mentioned in your previous forum that I can't cancel her PR).

However, I have found out now with the evidence that she has used me to get into australia. as she was married previously & didn't gone through divorce at a time she married to me. As per Indian Marriage law she can not marry another men while she is married. Her divorce settlement occur 5 months after my marriage.

I am not sure how can still her temporary visa got approved at first place? the only document she had was notarised document which is stating that she is separated from her ex-husband.

What are my rights as an Australian Citizen?

Should I get an immigration lawyer to cancel her visa?

Uncertain1 1st August 2013 05:47 PM

Sponsor Power Play
 
Hello,

First of all I would like to say what a relief it is to find a forum like this which is helpful and useful - so thank you to the facilitators.

I am in Australia on a BS 801 which was granted about three months ago (after completing two years on a BS820). I met met my wife about six years ago in the UK (my home) and we chose to live and marry in Australia. In the beginning life was very exciting with the relocation, getting a new job, making new friends and establishing our life here together. However, I often found whenever we would have a disagreement my wife (my sponsor) would threaten me with my visa suggesting she would revoke her sponsorship, we have had low times and fantastic times in our marriage. At one low point about 18 months ago I was messaging another woman romantically for a few weeks, there was no action it was only a series of messages over a few weeks when my wife and I hit rock bottom and I found someone who showed me care and affection. It was wrong, my wife knows about it, we moved past it and 18 months have since passed. I thought the visa threats from my wife would stop when I got my PR, this isn't the case. We have occassional domestic verbal disputes and without fail she threatens to revoke her sponsorship and have my VISA revoked even now after the PR has been issued.

I have persuaded her that we should try couples counselling to focus on us and our relationship, I'm glad she has agreed because without an objective outsider we aren't really getting anywhere are slowly becoming like two people living in the one house but growing apart.

I must admit the two years of VISA threats play on my mind and I would like to know where I stand given the circumstances as I don't enjoy feeling like a prisoner in a relationship. If our counselling does not help, given my PR status and my foolish messaging another woman 18 months ago, if we were to seperate in the coming months or even a year does she actually have the ability to impact my residence in Australia?

I appreciate your help and time.

Man 13th October 2013 11:28 PM

Hi All

I need some advice from you regarding cancellation of spouse visa.

I am married and my wife is on a "Spouse (Provisional) subclass UF 309 visa" - Grant Letter dated 22/09/2011. She arrived to Australia in October 2011.

With ongoing issues in our relationship for the last many months, I am considering to withdraw my sponsorship of her partner visa and moving forward divorce her. My wife is also 13+ weeks pregnant. I have also read other posts on this and other forums where one partner seeks permanent residency on grounds such as family violence or custody of children.

- I wonder how will her pregnancy impact my application of sponsorship withdrawal?
- Will a divorce now mean she may claim permanent stay in Australia?

Your help appreciated.

Jason

nvoorst 10th November 2013 09:32 AM

You can withdraw the sponsorship if the relationship has broken down. What happens afterwards is a matter between your partner and the DIBP and would depend on her specific circumstances. Has the stage 2 (the permanent visa) paperwork been completed yet ?

RonaLD 3rd December 2013 03:23 PM

delay after relationship breakdown
 
Hi,

Great advises on this forum!

On the back on this post, since I am in a similar situation (Temporary spouse Visa 309, relationship breaks down before the 2 years to qualify for PR) I have lived in Australia for 3 and a half years over a 5 years period. Also, their are no children, violence or death of the partner... I was wondering how long do I have until I have to leave the country or find a work sponsorship? My wife has notify Immigration that the relationship has ended via email but we haven't heard from them yet.

Any advises would help, thanks


Quote:

Originally Posted by nvoorst (Hozzászólás 8591)
The following is only relevant as far as Migration Law is concerned.

For other aspects of a relationship breakdown you should seek relevant advice from suitable experts or authorities like a family lawyer, social worker, other agencies that deal with family issues or (in cases of threats or violence) the police.

If you were sponsored for a prospective marriage visa (sc. 300) and the relationship breaks down before the marriage has taken place there are no special provisions which will allow you to stay in Australia unless you are eligible for another visa.

If the relationship ends after the marriage has taken place you may, under certain limited circumstances, still be eligible for a spouse visa.

If you were sponsored for an offshore partner visa (sc. 309/100) or an onshore partner visa (sc. 820/801) and the relationship has broken down before you have been granted permanent residence, you must immediately notify the office handling the application that the relationship with your partner has ended.

Unless you are eligible for another visa you will most likely not be able to remain in Australia. There are some limited circumstances where you can still be granted permanent residence, even if the relationship has ended, for example if there are children from the relationship or if domestic violence has occurred.

The sponsor must also immediately notify the department that the relationship has broken down, or if he/she decides to withdraw his/her support for his/her partner before their application is finalised. Once you have notified DIAC, there is no more you can do. It is up to DIAC to decide if your former partner can remain in Australia or not.

If the break-up happens after your partner has obtained permanent residence there is no requirement to involve DIAC. It is basically just a civil matter between you and your ex-partner.You cannot have your former partner's visa cancelled; you cannot have them removed from Australia.

However, DIAC does have the power to cancel someone's visa on character grounds or if the visa was obtained fraudulently. It is a serious offence to misrepresent yourself, or one of your family members when making an application for an Australian visa. This includes making false or misleading statements, or submitting false information or false documents with your application. Even if someone else completes your application for you, you are responsible for it.


You may not be able to sponsor another partner if any one of the following applies:
  • you have previously sponsored two other partners for migration to Australia (including sponsorships you may have withdrawn where your former partner obtained permanent residence on family violence grounds)
  • you have sponsored another partner within the last five years
  • you were sponsored for a partner visa as a partner yourself within the last five years

If you have previously sponsored or been sponsored, you may still be permitted to sponsor your partner in compelling circumstances, such as:
  • if your previous partner has died or abandoned the relationship leaving young children
  • if your relationship with your current partner is long standing (that is, five years or more)
  • if you and your current partner have dependent children of your relationship
.

In all cases, whether you are the sponsor or the visa applicant, it is advisable to seek advice first from a registered migration agent or a solicitor to discuss your options.

If you cannot afford professional advice you can try and seek help from one of the agencies listed here: http://www.immi.gov.au/media/fact-sh..._providers.htm


nvoorst 4th December 2013 07:34 AM

Quote:

Originally Posted by RonaLD (Hozzászólás 10152)
Hi,

Great advises on this forum!

On the back on this post, since I am in a similar situation (Temporary spouse Visa 309, relationship breaks down before the 2 years to qualify for PR) I have lived in Australia for 3 and a half years over a 5 years period. Also, their are no children, violence or death of the partner... I was wondering how long do I have until I have to leave the country or find a work sponsorship? My wife has notify Immigration that the relationship has ended via email but we haven't heard from them yet.

Any advises would help, thanks

If your visa (sc. 100)is refused ( because sponsorship has been withdrawn)you usually have 28 days to appeal,lodge another application or leave the country.

bwm 13th December 2013 12:25 AM

Support withdrawal impact of timing subclass 300
 
Hi there,

I did "read this first" and I wanted to know about the impact of a withdrawal of support on a future application where the withdrawal was before the visa was issued and before the applicant entered the country.

I read the section that another partner cannot be sponsored if you have sponsored a partner within the last five years, however on another post a responder mentioned that whether the visa had been issued and whether the applicant had entered the country when the support was withdrawn were significant in determining whether a future application could be made, but didn't elaborate on how.


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