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Divorce DV / FV Partner Migration Subclass 309/100 Visa and Permanent Residency
Old 29th May 2016, 10:30 PM   #6
t0n
 
Join Date: May 2016
Location: North QLD Australia
Posts: 2
Default Divorce DV / FV Partner Migration Subclass 309/100 Visa and Permanent Residency

Hello,
I hope you (or someone here) might know the answer to a nagging question...
My Filipino wife was granted her Partner Migration Visa subclass 309/100 (provisional) in 2013 along with her 3 children and MY child (BORN in PHILIPPINES 2010 who is already an Oz citizen. (I applied for Australian citizenship by descent a few months after she was born, so she could come with her mother, who still only held a tourism visa at the time they travelled, in 2011).
The VIA Centre in Cebu advised us to do that as it would be easier and quicker than applying for a Philippines Passport. Her Citizenship, then Australian Passport was indeed issued after only a few weeks.
It's just a pity that her mother didn't apply for our daughter's PHILIPPINES Passport upon her return because our daughter became an over-stayer after her 30 day pass (stamp in her Oz Passport) expired! Thus when my estranged wife's sc 309/100 provisional visa was granted and she applied to leave the Philippines by the deadline of Jan 28 2014: the Philippines authorities discovered that she was an OVERSTAYER! This is probably irrelevant to what I want to know, however, it did cause more conflict contributing to the inevitable failure of our marriage - I had to find MORE MONEY (already strapped for cash), to pay the exorbitant fine (almost AU$3000.00), so our then 4 yr old daughter wouldn't be locked up in an immigration detention facility...

Anyway. Moving on.
The problem I have now is that although I am now divorced, I am not sure if I can sponsor another partner...

My estranged wife and OUR daughter along with her 3 children (all Phil. Citizens / passport holders), who were included on her visa application, have now, all been granted Permanent Residency...

The main reason our marriage failed and I initiated divorce was because I felt that she used me to gain entry into Oz (or to quote my lawyer's words: "used me as a vessel to enter Australia")...
I immediately reported my change in circumstances to the dept. So did my ex-wife, a few weeks later, but when she found out that I'd not only informed them that I'd withdrawn my sponsorship, but had also informed them that I believed I'd been used (FAKE marriage), she was not too pleased as she knew that she would probably be sent home. (My lawyer advised me to do that because it would save a lot of money - It already cost me a small fortune in facilitating their expeditious travel to Australia before the Jan 2014 deadline).
Unfortunately, it seems that I did not have sufficient evidence to prove the marriage was in fact a sham, because she is still residing as a PR in the same town and currently receiving sole parent's pension (or similar) from Centrelink. She is not working as far as I know - but I don't have ANY communication with her or ANY of the children, so I don't really know much...
Needless to say, I am still obligated to pay and I'm indeed, making child support contributions to our daughter.

Also, as far as I know: she was granted permanent residence on the grounds of having a child to me - her Australian spouse.
However, I DON'T KNOW that for sure. My solicitor and I can only assume that she was allowed to stay on that basis...

There are of course 'other reasons' that a migrant, whose sponsor has withdrawn his/her sponsorship can still be granted permanent residency, such as Family Violence.
Although no family violence was ever involved, other than one instance where I yelled one night in anger: "just get out of my house",
I am worried now that under current over-the-top, inflated feminist based law, almost anything can be classified as 'violence against women' if a woman so accuses a man... Even 'staring in a 'menacing or aggressive' way may well constitute 'VAW' these days...

So, I am concerned that she may have exploited this law as I've heard that women don't even need PROOF of an accusation of violence? All they need to do is simply go to the police, tell them whatever pack of lies they want and they are guaranteed to be BELIEVED.

So, my question is: IF she did try to use (exploit) the Family violence clause in the legislation, that is: FALSELY accused me of committing violence against her (or the kids), would I necessarily have to be informed of such allegations?
I mean for all I know, she could have accused me of 'something' and they believed her story (then granted her PR visa).
Is it possible they could have done this and not even told me??
Then (and this is what I am really worried about), next time I apply to sponsor another partner, her application for a PMV is refused because I sponsored a partner that I withdrew and she was granted PR on Family Violence grounds?

I apologize for such a long story leading up to this question, but thought I should provide as much detail as possible.
I asked my solicitor the same question, but he didn't know either.
His advice was to try and find out via the Freedom of Information Act, which I have looked into and it is not a simple, nor inexpensive process...
Hence this post...

I hope someone can tell me something - I have searched through many posts here, but cannot find a story quite the same as this...
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