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Old 4th February 2016, 10:28 PM   #111
jenna
 
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Hi,
I'm in a bit of an awkward situation here. I sponsored my partner on a prospective marriage visa, we got married in Australia and applied for a permanent partner visa. Six months later, in 2013, the relationship broke down and I was assured by his family that his visa situation was taken care of. I didn't notify the DIAC, assuming that he had done so. It was incredibly traumatic at the time, and there were multiple reasons to believe during the breakup that he might cause harm to himself, or me, if I did anything he perceived as drastic so I did not pursue it further.
Today I received an email from the DIAC stating they have been trying to contact him about supporting documentation they requested in 2014, which shows me that he did not in fact inform them of the change in our relationship status. My question is that, as a sponsor, do I face any legal recourse over not having informed the DIAC when the relationship broke down, due to being told that it was all "under control"?
Any advice would be very much appreciated! Thank you.
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Old 4th February 2016, 10:44 PM   #112
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Originally Posted by Dhruvy View Post
Thanks Nick really appreciate it, last question; in the event she makes any false claims against me or my family, will I have the opportunity to respond and provide evidence to defend the allegations?
Any claims she makes will be assessed by DIBP. I really can't tell you what they will or will not do. Anything outside the actual visa issues will be more of a civil/ family law matter.
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Old 4th February 2016, 10:48 PM   #113
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Both sponsor and applicant are required to advice DIBP of a change in circumstances like a relationship breakdown. Just update them on the situation. I doubt there would be any legal ramifications for you as the sponsor other than that you will be subject to the sponsorship limitation.
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Old 4th February 2016, 10:59 PM   #114
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Thank you for that Nick. I will be contacting them shortly.
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Old 17th February 2016, 05:08 AM   #115
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Hi Nick,

First of all thank you for creating this very helpful forum.

I am the main applicant for our family. We (me, my husband, 1 kid) have all currently got PR but only myself and the kids live in Australia. My husband works overseas and will be overseas for the next 6 years. The kids and I have been living in Australia for the past 3.5 yrs and I am hoping to apply for my citizenship soon.

Recently our marriage has broken down and we want to divorce. My husband is reluctant to go ahead with it as he is worried that his PR status and Citizenship will be cancelled and he will not be able to come to Australia often to spend time with the kids or live here in the future. I too don't want this to happen. As much as he has hurt me, the kids need to have access to their Dad.

We are currently separated but not divorced. Would appreciate very much if you could advice if we go ahead with the divorce once I get citizenship, will he loose his PR and ability to apply for citizenship.

Thanks
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Old 17th February 2016, 09:02 AM   #116
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Originally Posted by rook View Post
Hi Nick,

First of all thank you for creating this very helpful forum.

I am the main applicant for our family. We (me, my husband, 1 kid) have all currently got PR but only myself and the kids live in Australia. My husband works overseas and will be overseas for the next 6 years. The kids and I have been living in Australia for the past 3.5 yrs and I am hoping to apply for my citizenship soon.

Recently our marriage has broken down and we want to divorce. My husband is reluctant to go ahead with it as he is worried that his PR status and Citizenship will be cancelled and he will not be able to come to Australia often to spend time with the kids or live here in the future. I too don't want this to happen. As much as he has hurt me, the kids need to have access to their Dad.

We are currently separated but not divorced. Would appreciate very much if you could advice if we go ahead with the divorce once I get citizenship, will he loose his PR and ability to apply for citizenship.

Thanks
Your husband's PR status won't be affected by getting divorced. He should keep in mind though that the travel facility that came with his permanent residence visa is only valid for 5 years and he should consider the residence requirements for a resident return visa :http://www.border.gov.au/Trav/Visa-1/155-

If he is able to apply for Australian citizenship, it might be wise to do that as soon as possible.
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Old 18th February 2016, 02:56 AM   #117
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Thanks Nick.
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Need suggestion
Old 21st February 2016, 12:28 AM   #118
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I am applying for 190...was married 3 yrs back and after marriage my wife went back to Australia and I was in India. She was on student visa then work and now again on student visa (trying for PR). I visited her once to understand situation in end of 2014. Time came when she said she does not want to continue with the relationship...and I started working on my own visa. I applied for my new passport and did not add her name. Well finally I got an invite from DBIP to apply for visa...now my worry is that EOI and form 1221 I have mentioned that we are separated; however, while filling form 80 should I give my wife's details. I don't want to lie about anything. I have checked the option that she is not moving with me in form 80. If the answer is yes to fill her details then can I update the remark column with below statement (want to know can this affect my Visa...I have PCC and no police records as she is in Melbourne, Australia and I have applied for NSW:
"My wifes complete name is XXXXXXX. Currently she on student visa at Melbourne, Australia. Our marriage commenced on XXXXXX. After 3 years de facto separation, she has expressed her views on not continuing with this marriage. We are seeking legal help to formally end this relationship on mutual grounds. However, irrespective of legal separation or divorce, she will not be moving with me to NSW as a dependent." Please suggest if this statement is fine....need help

Last edited by ravikumk; 21st February 2016 at 12:34 AM. Reason: adding some points
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Old 21st February 2016, 12:02 PM   #119
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Should be ok. Make sure you provide evidence that divorce proceedings are in progress, so she is not classed as non-migrating dependent and has to do medicals and police checks..
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Not a dependent
Old 21st February 2016, 02:57 PM   #120
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Hello Nvoorst...really appreciate your reply...my point is what if I nowhere show her as a migrating/non migrating dependent while filling my application. Do I still need to give proof? In form 1221 where they ask for status I mentioned status as "Separated" and in form 80 wifes name details cause we are legally not divorced yet. I have checked the box "Migrating with you?" as "No".

I am not mentioning anyone as non-migrating dependent as I cant ask parents or anyone to go-through the entire process. They don't want me to go anywhere .....so not going to add her also, anyways she is not dependent on me....

Last edited by ravikumk; 21st February 2016 at 02:59 PM. Reason: Added points
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