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Relationship Breakdown.
Old 24th February 2011, 05:39 PM   #1
kjrr
 
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Location: Sydney
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Default Relationship Breakdown.

Hello . My Spouse and our son arrived on 8.03.2010.
I withdrew my Sponsorship on 15.11.2010.
She is Ukrainian ,our son is also ,but now our son is a
Australian Citizen.
I do not know if she will stay in Australia or leave ?
We do not talk , and I would like to know how long it will
take Immigration to make a decision .
I do not see a reason for her to stay .
Thank you
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Relationship breakdown
Old 28th September 2016, 09:55 PM   #2
Emmylou
 
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Default Relationship breakdown

Hi
I am in need of advice.
I am currently on a graduate visa,which is due to expire September 2017. I have been living in a de facto relationship since 2014. We have an 8 month old son. Both my partner and son are Australian citizens. I have just found out my partner has been seeing another woman fir the last 18months. I am devastated and reluctant to remain in the relationship. If it was not for my son and my visa situation I would have ended my relationship.
I would like to know where I stand should I choose to leave? Could I return to my country of residence with my son? I am not prepared,under any circumstances to leave my child!

Many thanks
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Old 29th September 2016, 09:00 AM   #3
Zoltan Bertok
 
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Originally Posted by Emmylou View Post
Hi
I am in need of advice.
I am currently on a graduate visa,which is due to expire September 2017. I have been living in a de facto relationship since 2014. We have an 8 month old son. Both my partner and son are Australian citizens. I have just found out my partner has been seeing another woman fir the last 18months. I am devastated and reluctant to remain in the relationship. If it was not for my son and my visa situation I would have ended my relationship.
I would like to know where I stand should I choose to leave? Could I return to my country of residence with my son? I am not prepared,under any circumstances to leave my child!

Many thanks
Have you lodged a partner visa application?
If you are on a Graduate visa, as you wrote, then the avenue for Graduate visa holders is open for you.
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I need some advice, please
Old 12th October 2016, 10:58 AM   #4
m35m
 
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Location: Victoria
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Default I need some advice, please

Hello,

My partner and I have granted defacto partner visa (provisional permanent visa) subclass 820 in August 2015. We met from the internet and he went to my country to meet and I came to Australia to meet his family and friends. So we got a married in August 2014.

Our relationship was going all good but our first year together was very hard and tough for me (he is Australian citizen). We have argument almost every week. He over-spoke when I was talking, rising his voice to not let me talk. I did cry a lot and many times I said to him that I will leave him and go back to my country if he does not change. Sometimes he is the most sweet person others is the most cruel person I ever seen. I thought it was a "culture" thing and I accepted many of his behaviour, rudeness....

Our actual situation is critical because we cannot communicate, as he never accept that his wrong or made a mistake, he continues over spoke on me and raising his voice. So I gave up because if I want to be listen I have to behave i the same way, and It is against my principles and the way I think how problem can be resolved.

So, my last hope was to talk with a pastor from the church we go to. So they came to our home and have a conversation with us. I explain to the pastor what is going on and the pastor agreed with me in front of him that he need to change and what he is doing is cruel. So, to resume the story, he did not change and is getting worse.

I decided that I dont want this married anymore, hes has been calling me a stupid woman, put me down with my professional background (I'm accountant qualified back home) and his is a trade. I never been in such disgraceful situation. I dont know what to do and what is my rights here in Australia. I refused to sleep in the same bed and I took my wedding rings from my fingers. Unfortunately I dont have a place to go and a job. I'm sleeping in the other room for the moment. I have been applying for a job since my partner visa was granted, but I only got casual jobs, not permanent, unfortunately.

This week we are going to see our senior pastors from church, I said to him nothing will change because he already killed all the good things from the relationship. I really do not want to continue with this marriage. I am completed emotional distres, unhappy, disappointed...a mixed of feelings.

Is there any other visa I could apply for? I'm also thinking to call the immigration after the meeting with the pastors and let them know about our current situation.


Please give me advice.
Regards,
m35m
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Old 12th October 2016, 01:09 PM   #5
nvoorst
 
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Quote:
Originally Posted by m35m View Post
Hello,

My partner and I have granted defacto partner visa (provisional permanent visa) subclass 820 in August 2015. We met from the internet and he went to my country to meet and I came to Australia to meet his family and friends. So we got a married in August 2014.


Is there any other visa I could apply for? I'm also thinking to call the immigration after the meeting with the pastors and let them know about our current situation.


Please give me advice.
Regards,
m35m

Unless there has been (documented) family violence or there are children of the relationship, the permanent partner visa cannot be granted, if the relationship has broken down.

You should see a registered migration agent to work out if you have any options under general skilled or employer sponsored migration.Do not contact immigration about your relationship breakdown until it is definite and final and you have considered all your options. Once you advise them that your relationship has broken down, you will have very little time to sort things out and you may have to leave Australia on fairly short notice.

Don't do anything, until you have sought professional advice.
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Old 16th December 2016, 07:26 PM   #6
sitcom
 
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Quote:
Originally Posted by nvoorst View Post
Unless there has been (documented) family violence or there are children of the relationship, the permanent partner visa cannot be granted, if the relationship has broken down.

You should see a registered migration agent to work out if you have any options under general skilled or employer sponsored migration.Do not contact immigration about your relationship breakdown until it is definite and final and you have considered all your options. Once you advise them that your relationship has broken down, you will have very little time to sort things out and you may have to leave Australia on fairly short notice.

Don't do anything, until you have sought professional advice.
I'm a foreigner and my Partner / sponsor is an Australian citizen. We have been in a relationship and lived together in Australia for four years. We have no children. I am currently awaiting a decision on my 801 (Partner Permanent) visa application after having provided all the additional information requested by the department (totaling the maximum of 60 uploads, many with multiple pages in PDF format) via my online immiaccount. My application status has shown "Assessment in Progress" since late June 2016.

I recently (in December 2016) received an email from a case worker (this must be the third or fourth case worker I've had...either the department has a high turnover rate or it is a norm for cases to get passed from one officer to another? How do they maintain continuity if so..?) saying the department has received adverse information that the relationship between my partner and I had ended. The department did not give me any specifics as to the source of this adverse information, what content exactly comprised the information supplied to the department, nor the manner in which this adverse information in question was conveyed to the department. I was only invited me to comment on this allegation that my relationship had ended. I was utterly shocked and dumbfounded.

Like many in our situation, we have experienced a considerable amount of stress relating to this whole application progress. Waiting for a decision in the hands of a government department which could dictate a huge turning point in your life can be nerve wracking and sure have an impact on your relationship, no matter how close or in love you are. Sometimes, even the smallest arguments or misunderstandings are amplified, and one's faults or weaknesses scrutinized as if under a microscope. Words are sometimes exchanged in the heat of the moment that are later regretted and retracted. However, neither I nor my partner have gone to the extent of ending our relationship; neither of us have ever moved out of our family dwelling or announced to our respective families that we are no longer together or are moving on with our lives separately. These are things that couples who Really split up do.

Thus, at first I suspected there may be a third party interference maliciously trying to ruin the relationship between my partner / sponsor and I due to jealousy or other such thing. When I brought this email to my partner / sponsor's attention however, he admitted that four months ago, in August 2016 , when he and I were going through hard times, he had telephoned DIBP during a heated moment, to inquire as to what what process he would have to follow in the event of a relationship breakdown. He was advised to submit any report of a relationship breakdown or withdrawal of sponsorship in writing to the department. My partner however, DID NOT write in to the department, because we DID NOT end up breaking up.

I replied to the department via email to the case offer who wrote me, refuting the allegations of a relationship breakdown, saying that the relationship between my partner and I had not ended. I attributed the allegations to a miscommunication that may have occurred when my partner / sponsor had telephoned the department to make a simple enquiry as to the process he needed to follow IF the relationship has broken down or has ended. I clarified that I did not wish to withdraw my application and my partner was not withdrawing his sponsorship as our relationship is ongoing, and concluded saying that I hoped the department will dismiss these allegations as they are unsubstantiated. I also said that should I relationship end, the department would be notified IN WRITING, as was the advice of the person to whom my partner spoke to when he called in to make his inquiry back in August.

The correspondence between the case officer and I has not shown up in my online immiaccount; the application status appears to be unaffected, still showing "Assessment in Progress" as it has from June-Dec 2016 (the present). I am so anxious and on the verge of depression awaiting how the department will respond to my refuting the allegations. Six months waiting, praying and hoping for a favourable decision and now this! If it took them four months to send me this "invitation to comment" from the time they supposedly received the "adverse information", I suspect I am in for a long wait (although it says on the DIBP website that they aim to respond to all email enquiries etc within 7 working days...).

I am still hoping for the best but am already looking into how to make an appeal with the MRT should my visa be refused under these false circumstances. The financial and emotional cost of that possible eventuality may be too much to bear for me. I am considering withdrawing my application altogether before it gets rejected as I fear I may have trouble getting approved for a visitor visa in future if I want to visit my sister, who has PR here, and her family, or other relatives, or simply if i desire to come back to Australia for holidays or to see my partner (how sad!).

What, if anything else, can I do..? Would the case of Minister for Immigration and Citizenship v Maman [2012] FCAFC 13 apply? The Full Federal Court found that the decision of the Migration Review Tribunal was affected by jurisdictional error because Mr Maman had not been afforded procedural fairness by being given the opportunity to consider and comment on a confidential letter that his former partner had provided to the Department about their relationship.Similarly, the source of adverse information was never disclosed to me by the department...
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Old 17th December 2016, 10:57 AM   #7
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I have responded to your email. Please do not lodge multiple posts on the same subject.
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Relationship problem urget help please
Old 2nd January 2017, 04:26 AM   #8
Summerof69
 
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Default Relationship problem urget help please

I got married in September 2014 (in aus), applied 801 got refused reason shedule critrie 3
Came overseas with wife applied again 309 which is on its 11 month waiting time, wife left after 6 month spending with me. Everything was fine til last week for some reason she is acting different and might withdraw sponsership( for reason i think she think its taking too long and she is not feeling connection, she had some high dpression problem before i cant go von visitor visa got sec 48. Omg i wish i was there to clarifies the reasons. Is this the dead end of our life story???????
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