Cathrina

Hi All,

I have a burning problem and expecting sharp answers from the experts.

My brother got his PR visa and already traveled to Australia with his wife to validate the VISA and went back.

He was married earlier prior to this current marriage and divorced, he is having a child from his previous marriage and paying maintenance (Child Support) monthly for the child and he has never defaulted any of the payments so far.

Since he is migrating permanently, his X-wife has told the courts that she needs an assurance of continuous maintenance payments which he has managed to convince the courts, however he is now fear that she might contact the DIBP or local AU embassy and provide false documents or convince them to think that he might move to Australia and keep silent without paying the child support/maintenance which he has agreed to pay at the local courts.

based on this my brother fear that his VISA may get cancelled by DIBP taking these grounds in to account that he might keep silent once he moved to Australia permanently.

Kindly advice on this as for me this is very complicated.

Cath.

quiltman

Interesting question. I assume the child is resident in UK? Can understand her fears he may cease paying child support when in OZ. Maintenance is different - that's paid to the wife, not for the child.
I'm sure one of our more experienced members will be along with advice. there's bound to be others in the same situation as you.

quiltman

Here you go; took all of 10 seconds on Google!
https://www.gov.uk/child-maintenance...broad/overview

quiltman

Follow the link in the above document and you'll see she can still take you to court in OZ if you stop paying as UK has reciprocal enforcement order with OZ. Should calm her mind!

Cathrina

many thanks quiltman - can she convince the DIBP authorities or the local AU Embassy to get my brothers VISA cancelled based on this grounds before he even come to Australia?

old.sparkles

Did your brother include his child in the visa application as a non-migrating dependant?

quiltman

Don't believe so. The UK court will apply to OZ court if he stops paying and she has applied to the UK court for action to be taken under REMO. Just because she thinks he may not pay is not grounds for cancelling a Visa! If, as I understand, the child is remaining in the UK , then it may be worth getting his solicitor to write to his Ex pointing out he knows his obligations and reminding her that in case of default the OZ courts can pursue him just as if he was in UK.That should stop her thinking he can get away without paying.

Cathrina

Yes old.sparkles he has included his child as a non migrating dependent in his VISA application

Cathrina

Many thanks quiltman for your valuable input, but i personally believe that she is trying to sabotage and put a black mark on him which might possibly lead to a VISA cancellation or a passport ban.

Could this be really possible?

Pollyana

Are they in the UK? If not, then what country are we talking about?

either way it is highly unlikely that a child support issue would lead to a visa canellation. I have no dea what you mea by a 'passport ban' . If he is really cncerned about it he shoud seek advice from a registered mgration agennt from the visa point of view and an expert in family law in his country as regards the law on child support payments.

quiltman

Cathrina

Thank you very much Pollyana

MarkHoath

If he is not behind in making child support payments, then they can not cancel/revoke his passport. If he is already behind, he would need to catch up prior to being issued a passport.

There are no grounds for cancelling a permanent residence visa due to child support concerns overseas.

If he fails to make payments while in Australia, their are remedies through reciprocal arrangements.

Cathrina

Many Thanks MarkHoath - That sounds relieving