Relationship Breakdown-READ THIS FIRST - Page 3

Kellyjane · 22nd June 2014, 04:57 PM

I have been married to my now separated wife for 6 years. She cheated on me numerous times and has been violent and abusive towards me so i left and have now moved on and met my new partner.despite all the cheating she has done she expects me to still be with her and threatens to cancel my visa because i left her. My ex wife has now threatened to go to immigration. Was just wondering what my rights were as I want to stay in Australia and be with my new partner and i only have a year or less until i am granted my permanent visa as im on a 309/100 visa atm.

nvoorst · 23rd June 2014, 09:00 AM

If your relationship has ceased, then both of you are obliged to advise the Department. If your wife withdraws the sponsorship, you may have to leave Australia. You cannot be granted the permanent visa, unless (in your case) it was to be granted under family violence provisions.If your new partner is to sponsor you for another partner visa, then I suggest you seek professional advice as there can be all sort of complications to deal with.

delorean · 21st July 2014, 12:12 AM

Hello there,
I have been married to an Australian citizen and have a five month old baby with her.
Now she want's to end the relationship, -I have not cheated on her or been violent. Our marriage took place March 2013. I am currently on an onshore bridging visa C awaiting the partner visa/ permanent residency to come through.
I have been here since 2007, -first on a working holiday visa, then study visa, then skilled migration, during which time I met my wife to be, so changed my visa into a partner visa.
She now,-since after the birth has decided to dump me for the baby.
There also has been some physical violence on her behalf which is documented, however I would prefer not to go down the route of domestic violence as it puts her at the risk of loosing custody of the baby.
How are my chance considering I have been here for nearly seven years and have a baby here, -what do you suggest?
I definitely would like to be here for my child!
Thank you for your advice.

pommyr · 25th July 2014, 07:00 AM

Hi I have a question about my situation I hope you can shed some light. I am married to a pr and have been in Australia on a bridging visa awaiting my temp partner for 13 months. My marriage however is failing and we have a small child together. Am I right in thinking that if on a bridging visa and the relationship ends I have to leave Australia still. The child is my only one and I don't want to leave my son on the other side of the world, being English. I have recently sent my final paperwork with a copy of my sons birth cert to diac and am hoping this will be enough if I cannot save my relationship but I am worried and sick of threats to my visa from my partner.

Can you please advise

Gardner · 24th October 2014, 06:17 PM

Hi Guys I need some advice.

Basically I found out my partner had cheated on me. She was cheating on me when she was a defacto on the 457 and when she was a defacto on permanent residency. She was gone 1 week after residency was granted. Now I have raised my points to immigration and have been thrown all over the place by them. Jumping from one case officer to the other. They still tell me after 18 months she is been investigated. I have wrote emails to Scott Morrison and the likes and they are following it up. I have raised this very valid point; it states on the residency paperwork at the declaration stage that all information supplied is correct and you are in a full committed relationship. I have raised the point that the defacto was in a full committed relationship and she further signed the document under STATUTORY DECLARATIONS ACT 1959 where it states “ a person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment for which is imprisonment for a term of four years—see section 11 of the Statutory Declarations Act 1959.

Do you think I have a leg to stand on going forward?

nvoorst · 24th October 2014, 06:27 PM

Quote:

Originally Posted by Gardner

Hi Guys I need some advice.

Basically I found out my partner had cheated on me. She was cheating on me when she was a defacto on the 457 and when she was a defacto on permanent residency. She was gone 1 week after residency was granted. Now I have raised my points to immigration and have been thrown all over the place by them. Jumping from one case officer to the other. They still tell me after 18 months she is been investigated. I have wrote emails to Scott Morrison and the likes and they are following it up. I have raised this very valid point; it states on the residency paperwork at the declaration stage that all information supplied is correct and you are in a full committed relationship. I have raised the point that the defacto was in a full committed relationship and she further signed the document under STATUTORY DECLARATIONS ACT 1959 where it states “ a person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment for which is imprisonment for a term of four years—see section 11 of the Statutory Declarations Act 1959.

Do you think I have a leg to stand on going forward?

You have advised the Department of Immigration about the situation and that is really all you can do.It is up to them if they want to pursue it further.

jessica112 · 25th October 2014, 09:19 PM

Dear Members,

I'm facing a strange situation... maybe you could give me some advice.
I arrived to OZ about 6 months ago with PR (points based skilled visa, subclass 190). At the time of my application I was the main applicant and my boyfriend was the secondary applicant (de facto).
After 2 months here we broke up. Maybe the stress, the changes...I don't know. We moved out and after 3 months I fell in love with someone from my home country. I knew him for a long time but I never see him more than a friend. I can see him now

He cannot apply for any skilled visa because he does not meet the criteria... Do I have a chance to sponsor him in any way? Fiance, partner visa or something? What about my ex's PR? Can it be affected? What about mine? Do we have to announce DIBP about this breakup?
Thank you!

Zoltan Bertok · 26th October 2014, 05:42 AM

I'm facing a strange situation...

Your situation is pretty common.

Do I have a chance to sponsor him in any way? Fiance, partner visa or something?

Yes.

What about my ex's PR? Can it be affected?

No.

What about mine?

No problem.

Do we have to announce DIBP about this breakup?

No.

nvoorst · 18th March 2015, 03:02 PM

Quote:

Originally Posted by Aussie3

Quick question regarding an 820 Visa and relationship breakdown..

Is there a chance a PR can be granted after a relationship breakdown after 4 years of being in the country.. The PR application had started but wasn't finalised and never ended up getting a PR.. Immi have said the standard response of basically if no Violence etc you'd have to leave and no PR or extended temp Visa can be given at all...
After 4 years in the country there's nothing that can be granted at all?
Work cannot sponsor either..

If it is a partner visa you are referring to, then yes, it can only be granted after a relationship breakdown, if one of the specific circumstances you mention do apply.

There may be other visas that can be applied for, depending on age, qualifications, work experience and current visa status.

singh · 24th March 2015, 11:24 PM

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.