Relationship Breakdown-READ THIS FIRST

[pccoinc]

Hi!
Im in the process of getting my permanent visa after my relationship breakdown as i have a child from this relationship.
I was sent an email from immigration saying for me to send some docs of my child and a statement from myself or any other documents addressing the parental rights for both parents.
Do I need to send anything saying the reason why my relationship has ended?
And will I need a sponsor in this case..to get my permanent visa or after visa being granted?

Thank you.

[nvoorst]

Originally Posted by singh

My friend on partner visa have difficult marriage from past few months. Husband is threatening her withdraw her application. She is been physically abused. My questions are

1. how do u define a domestic violence situation which allow her to stay here.

2. if he withdraw her application will immigration inform her and give her enough time to prove her point.

1. Family violence is not limited to physical violence, but could include things like mental cruelty, emotional blackmail, threats etc.

2. She will be given fixed time periods to respond and usually extensions can be requested.

It is a complex issue and it best to seek professional advice to deal with it.

[nvoorst]

Originally Posted by pccoinc

Hi!
Im in the process of getting my permanent visa after my relationship breakdown as i have a child from this relationship.
I was sent an email from immigration saying for me to send some docs of my child and a statement from myself or any other documents addressing the parental rights for both parents.
Do I need to send anything saying the reason why my relationship has ended?
And will I need a sponsor in this case..to get my permanent visa or after visa being granted?

Thank you.

You have to provide exactly what they ask for. I can't give more details without seeing the request letter.

If you are applying for permanent residency on the basis of there being a child from the relationship, you won't need another sponsor.

These issues can be complicated and it may be a good idea to get some professional advice to help you deal with it properly.

[singh]

But how she came to know that partner has withdrawn her sponsorship. DIAC will inform or not. if yes how?

[nvoorst]

Originally Posted by singh

But how she came to know that partner has withdrawn her sponsorship. DIAC will inform or not. if yes how?

If her partner has withdrawn the sponsorship, she will receive a letter from DIBP and will be given the opportunity to respond within a set time frame, usually 28 days. She wants to make sure that her contact details (postal, phone and email) are up to date, so she can be contacted by DIBP, if required.

[mizuki]

Hi there,
I would like your advice please.
I applied for a partner visa 820/801 about two years ago, in April 2013 and I am still on a bridging visa. I couldn't go through the health care check till the arrival of my second child which caused the delay. I have two children with my husband since then, 20 months old and 8 weeks old. Unfortunately my relationship is ending and I just notified the immigration. My questions are;
1) Can I still continue with my application for PR on the ground that I have two australia kids with my husband even though I am on a bridging visa? I know if I had a temporary visa I can.
2)If my visa is refused, what options do I have to remain in Australia?

Thank you so much!

[nvoorst]

Originally Posted by mizuki

Hi there,
I would like your advice please.
I applied for a partner visa 820/801 about two years ago, in April 2013 and I am still on a bridging visa. I couldn't go through the health care check till the arrival of my second child which caused the delay. I have two children with my husband since then, 20 months old and 8 weeks old. Unfortunately my relationship is ending and I just notified the immigration. My questions are;
1) Can I still continue with my application for PR on the ground that I have two australia kids with my husband even though I am on a bridging visa? I know if I had a temporary visa I can.
2)If my visa is refused, what options do I have to remain in Australia?

Thank you so much!

1)Technically, yes.

What visa were you on when you lodged the sc. 820 application, as schedule 3 criteria may come into play ?

2)Other than applying for a MRT review, you'd have very few onshore options as you would be s. 48 barred and wouldn't be able to make a new application (with a few exceptions like protection visas) while you remain in Australia.

If the children are Australian Citizens or Permanent Residents, you could apply for a Parent Visa .But, since the children are under 18, a relative of the children who is an Australian citizen/PR or a community organisation would need to provide sponsorship.

[mizuki]

Thank you for your very useful advice. I have a few more questions.
Firstly, to answer your question I was on a working holiday visa when I lodged the application. - what do you mean by schedule 3 criteria may come into play?
Here are my questions;

1)My separated husband says he doesn't want to see the children. Does this affect on my visa decision?
- I was told by a legal advice service that the visa may not be granted if he does't want contact with the kids as it will be granted when the applicant and the former sponsor share parental responsibilities. I researched what "parental responsibilities" mean and it says "The Family Law Act makes it clear that each parent has parental responsibility for each of their children until aged 18. Parental responsibility is not affected by changes in the parents' relationship; for example, if you separate or remarry.
Parental responsibility means all the duties, powers, responsibilities and authority which, by law, parents have in relation to children" I am hoping that visa will still be granted, as from above I understand he still has parental responsibilities even if doesn't want to see the kids, such as financial responsibility like child support etc. What is your view?
2)What do I need to provide to continue with my application for PR?

Thank you so much in advance.

Originally Posted by nvoorst

1)Technically, yes.

What visa were you on when you lodged the sc. 820 application, as schedule 3 criteria may come into play ?

2)Other than applying for a MRT review, you'd have very few onshore options as you would be s. 48 barred and wouldn't be able to make a new application (with a few exceptions like protection visas) while you remain in Australia.

If the children are Australian Citizens or Permanent Residents, you could apply for a Parent Visa .But, since the children are under 18, a relative of the children who is an Australian citizen/PR or a community organisation would need to provide sponsorship.

[nvoorst]

Schedule 3 criteria come into play if you were on a bridging visa when you lodged your partner visa application. If you were on a substantive visa, like the WHV, then that is not an issue.

This is the relevant regulation:


(ii) the applicant:
(A) has custody or joint custody of, or access to; or
(B) has a residence order or contact order made under the Family Law Act 1975 relating to;
at least 1 child in respect of whom the sponsoring partner:
(C) has been granted joint custody or access by a court; or
(D) has a residence order or contact order made under the Family Law Act 1975; or
(E) has an obligation under a child maintenance order made under the Family Law Act 1975, or any other formal maintenance obligation.

I'd say you have custody/joint custody by virtue of being the children's mother, but I am not a lawyer. You should see a family lawyer about custody issues etc.

Once the Department has been notified of the breakdown of the relationship (both of you have an obligation to notify the Department of this change of circumstances), they will contact you and give you the opportunity to respond with a certain timeframe (usually 28 days).

Get the legalities in regards to the children sorted out first, then get a registered migration agent to deal with your visa.

Be careful with free legal advice services, as they are not always up to scratch when it comes to immigration issues.

If money is an issue, you can try this service here: http://www.iarc.asn.au

Feel free to contact me directly, if you wish.

[ann]

Hi there! Hope you guys can help me. Me and my ex-husband are legally married in the Philippines and are both Australian PR. We just moved to Australia this month but we are separated for 2yrs now and planning to file for a divorce after we meet the more than 12 months of living apart in Australia (as per law). so thats around May 2016. Are we eligible by then? If yes, after I obtain a divorce can I marry my partner who is also a Philippines Citizen. We have been in relationship for more than a year. He has a marriage in the Philippines but planning to file an annulment. Should we wait for the annulment result or can we go ahead and file for a de-facto visa once I'm already divorced.

Actually our plan is to do things in parallel. He will file for annulment now in the Philippines. While waiting for me to meet the more than 12 months living separately (with the ex-husband) requirement to file for a divorce here. Then we get married afterwards. Let me know your thoughts please. Thanks!