Mental Health - Partner Visa rights
Sep 1st 2016, 10:31 am
#1
Forum Regular
Thread Starter
Joined: Apr 2014
Posts: 63
Mental Health - Partner Visa rights
Hi everyone,
I'm in a pickle and need some advice. Been with the OH for 2.5yrs and in a registered De-Facto relationship for 18 months. I applied for the partner visa in April and am now in stage 1 (on a bridging visa, waiting for the interview to grant a 2yr temporary visa). We have lived together the whole time but had our own place for 5 months.
About 2 months ago, my bf went into a Bi-Polar manic episode. He was diagnosed 3yrs ago but has always refused medication. He has had about 5 episodes since diagnosis, each time getting worse but still refusing meds. This time however, is horrific. He is living in a complete fantasy land, thinks he's on a big mission (although won't tell anyone what it is), has paranoia, volatile anger issues, talks utter non-sense, had a 2 week long affair. Annoying the local bikies - he is not for this planet much longer if he carries on. It's very bad.
I have been working with his parents, the mental health team at the hospital and the police to get him assessed and institutionalised and rehabilitated.
The problem I'm facing is the house. I was forced to move out a couple of months ago, when he became too volatile and dangerous to be around. I have been trying to keep the house going from a distance, with help from family and friends but it's expensive and I can't keep it up any longer. He can't work and the bills have gotten much higher - I have rental arrears and bills coming out of my ears. I was hoping things wouldn't go on this long or get this bad and I could save our home but now it looks like it just won't happen. I have to take my name off the lease.
Where does all this leave me when it comes to assessment of my visa (and my sponsor)? Can they shut it down on the grounds of mental illness (especially when it's the Australian citizen with the problem)? If he goes to rehab, will I essentially become his carer when he comes out? Am I better off keeping the house in my name indefinitely, even if it's killing me?
Any advice on this area would be much appreciated, thank you.
I'm in a pickle and need some advice. Been with the OH for 2.5yrs and in a registered De-Facto relationship for 18 months. I applied for the partner visa in April and am now in stage 1 (on a bridging visa, waiting for the interview to grant a 2yr temporary visa). We have lived together the whole time but had our own place for 5 months.
About 2 months ago, my bf went into a Bi-Polar manic episode. He was diagnosed 3yrs ago but has always refused medication. He has had about 5 episodes since diagnosis, each time getting worse but still refusing meds. This time however, is horrific. He is living in a complete fantasy land, thinks he's on a big mission (although won't tell anyone what it is), has paranoia, volatile anger issues, talks utter non-sense, had a 2 week long affair. Annoying the local bikies - he is not for this planet much longer if he carries on. It's very bad.
I have been working with his parents, the mental health team at the hospital and the police to get him assessed and institutionalised and rehabilitated.
The problem I'm facing is the house. I was forced to move out a couple of months ago, when he became too volatile and dangerous to be around. I have been trying to keep the house going from a distance, with help from family and friends but it's expensive and I can't keep it up any longer. He can't work and the bills have gotten much higher - I have rental arrears and bills coming out of my ears. I was hoping things wouldn't go on this long or get this bad and I could save our home but now it looks like it just won't happen. I have to take my name off the lease.
Where does all this leave me when it comes to assessment of my visa (and my sponsor)? Can they shut it down on the grounds of mental illness (especially when it's the Australian citizen with the problem)? If he goes to rehab, will I essentially become his carer when he comes out? Am I better off keeping the house in my name indefinitely, even if it's killing me?
Any advice on this area would be much appreciated, thank you.
Sep 1st 2016, 10:46 am
#2
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,820
Re: Mental Health - Partner Visa rights
Hi everyone,
I'm in a pickle and need some advice. Been with the OH for 2.5yrs and in a registered De-Facto relationship for 18 months. I applied for the partner visa in April and am now in stage 1 (on a bridging visa, waiting for the interview to grant a 2yr temporary visa). We have lived together the whole time but had our own place for 5 months.
About 2 months ago, my bf went into a Bi-Polar manic episode. He was diagnosed 3yrs ago but has always refused medication. He has had about 5 episodes since diagnosis, each time getting worse but still refusing meds. This time however, is horrific. He is living in a complete fantasy land, thinks he's on a big mission (although won't tell anyone what it is), has paranoia, volatile anger issues, talks utter non-sense, had a 2 week long affair. Annoying the local bikies - he is not for this planet much longer if he carries on. It's very bad.
I have been working with his parents, the mental health team at the hospital and the police to get him assessed and institutionalised and rehabilitated.
The problem I'm facing is the house. I was forced to move out a couple of months ago, when he became too volatile and dangerous to be around. I have been trying to keep the house going from a distance, with help from family and friends but it's expensive and I can't keep it up any longer. He can't work and the bills have gotten much higher - I have rental arrears and bills coming out of my ears. I was hoping things wouldn't go on this long or get this bad and I could save our home but now it looks like it just won't happen. I have to take my name off the lease.
Where does all this leave me when it comes to assessment of my visa (and my sponsor)? Can they shut it down on the grounds of mental illness (especially when it's the Australian citizen with the problem)? If he goes to rehab, will I essentially become his carer when he comes out? Am I better off keeping the house in my name indefinitely, even if it's killing me?
Any advice on this area would be much appreciated, thank you.
I'm in a pickle and need some advice. Been with the OH for 2.5yrs and in a registered De-Facto relationship for 18 months. I applied for the partner visa in April and am now in stage 1 (on a bridging visa, waiting for the interview to grant a 2yr temporary visa). We have lived together the whole time but had our own place for 5 months.
About 2 months ago, my bf went into a Bi-Polar manic episode. He was diagnosed 3yrs ago but has always refused medication. He has had about 5 episodes since diagnosis, each time getting worse but still refusing meds. This time however, is horrific. He is living in a complete fantasy land, thinks he's on a big mission (although won't tell anyone what it is), has paranoia, volatile anger issues, talks utter non-sense, had a 2 week long affair. Annoying the local bikies - he is not for this planet much longer if he carries on. It's very bad.
I have been working with his parents, the mental health team at the hospital and the police to get him assessed and institutionalised and rehabilitated.
The problem I'm facing is the house. I was forced to move out a couple of months ago, when he became too volatile and dangerous to be around. I have been trying to keep the house going from a distance, with help from family and friends but it's expensive and I can't keep it up any longer. He can't work and the bills have gotten much higher - I have rental arrears and bills coming out of my ears. I was hoping things wouldn't go on this long or get this bad and I could save our home but now it looks like it just won't happen. I have to take my name off the lease.
Where does all this leave me when it comes to assessment of my visa (and my sponsor)? Can they shut it down on the grounds of mental illness (especially when it's the Australian citizen with the problem)? If he goes to rehab, will I essentially become his carer when he comes out? Am I better off keeping the house in my name indefinitely, even if it's killing me?
Any advice on this area would be much appreciated, thank you.
I would think that the fact you can show you areworking to support him, keeping the house going, and are obviously in a committed enough relationship not to walk away from him, will all go in your favour.
Might be worth a quick chat with an agent though, just to make sure you've got everything covered. Try someone like George Lombard (his details are in his posts on the forum) - he's pretty good on partner visa stuff!
Good luck
Sep 1st 2016, 10:59 pm
#3
BE Enthusiast
Joined: Oct 2012
Posts: 486
Re: Mental Health - Partner Visa rights
Sorry to hear of your situation.
Within the migration legislation for the partner visa there are what are known as Family Violence Provisions
https://www.border.gov.au/about/corp...ets/38domestic
"The family violence provisions allow certain people applying for permanent residence in Australia to continue with their application after the breakdown of their married or de facto relationship, if they or a member of their family unit have experienced family violence by their partner.The provisions were introduced in response to concerns that some partners might remain in an abusive relationship because they believe they may be forced to leave Australia if they end their relationship."
I have assisted with such cases, if you are looking for a registered migration agent to assist please feel free to contact me.
Within the migration legislation for the partner visa there are what are known as Family Violence Provisions
https://www.border.gov.au/about/corp...ets/38domestic
"The family violence provisions allow certain people applying for permanent residence in Australia to continue with their application after the breakdown of their married or de facto relationship, if they or a member of their family unit have experienced family violence by their partner.The provisions were introduced in response to concerns that some partners might remain in an abusive relationship because they believe they may be forced to leave Australia if they end their relationship."
I have assisted with such cases, if you are looking for a registered migration agent to assist please feel free to contact me.
Sep 2nd 2016, 6:21 am
#4
Forum Regular
Thread Starter
Joined: Apr 2014
Posts: 63
Re: Mental Health - Partner Visa rights
Thank you both for this info. And yes, it is true that you stay as long as you possibly can, believing that your visa application is in jeopardy. But for me it was no longer an option. As far as I'm concerned, I am still in a continuing relationship with my OH and will move back in when he gets on meds.
In the meantime, my main concern is the house. There are undesirables living there that he moved in. Whilst it is still in both of our names, I'm responsible for the house and I really don't want to be. Is it in my best interest from a visa perspective to keep my name on it anyway? Or would it likely not have much impact, under the circumstances? I have the forms from the real estate to take me off the lease but am hesitant to sign them...
In the meantime, my main concern is the house. There are undesirables living there that he moved in. Whilst it is still in both of our names, I'm responsible for the house and I really don't want to be. Is it in my best interest from a visa perspective to keep my name on it anyway? Or would it likely not have much impact, under the circumstances? I have the forms from the real estate to take me off the lease but am hesitant to sign them...
Sep 2nd 2016, 6:34 am
#5
Lost in BE Cyberspace
Joined: Feb 2009
Location: UK
Posts: 14,284
Re: Mental Health - Partner Visa rights
Thank you both for this info. And yes, it is true that you stay as long as you possibly can, believing that your visa application is in jeopardy. But for me it was no longer an option. As far as I'm concerned, I am still in a continuing relationship with my OH and will move back in when he gets on meds.
In the meantime, my main concern is the house. There are undesirables living there that he moved in. Whilst it is still in both of our names, I'm responsible for the house and I really don't want to be. Is it in my best interest from a visa perspective to keep my name on it anyway? Or would it likely not have much impact, under the circumstances? I have the forms from the real estate to take me off the lease but am hesitant to sign them...
In the meantime, my main concern is the house. There are undesirables living there that he moved in. Whilst it is still in both of our names, I'm responsible for the house and I really don't want to be. Is it in my best interest from a visa perspective to keep my name on it anyway? Or would it likely not have much impact, under the circumstances? I have the forms from the real estate to take me off the lease but am hesitant to sign them...
Good luck.
Sep 2nd 2016, 7:40 am
#6
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,820
Re: Mental Health - Partner Visa rights
Thank you both for this info. And yes, it is true that you stay as long as you possibly can, believing that your visa application is in jeopardy. But for me it was no longer an option. As far as I'm concerned, I am still in a continuing relationship with my OH and will move back in when he gets on meds.
In the meantime, my main concern is the house. There are undesirables living there that he moved in. Whilst it is still in both of our names, I'm responsible for the house and I really don't want to be. Is it in my best interest from a visa perspective to keep my name on it anyway? Or would it likely not have much impact, under the circumstances? I have the forms from the real estate to take me off the lease but am hesitant to sign them...
In the meantime, my main concern is the house. There are undesirables living there that he moved in. Whilst it is still in both of our names, I'm responsible for the house and I really don't want to be. Is it in my best interest from a visa perspective to keep my name on it anyway? Or would it likely not have much impact, under the circumstances? I have the forms from the real estate to take me off the lease but am hesitant to sign them...
Please get some advice from a registered agent, TeeTMI who posted above is good, or George, as recommended previously.
Sep 5th 2016, 9:42 am
#7
Forum Regular
Thread Starter
Joined: Apr 2014
Posts: 63
Re: Mental Health - Partner Visa rights
Thanks everyone! Currently seeking advice 
Sep 6th 2016, 10:21 am
#8
Forum Regular
Thread Starter
Joined: Apr 2014
Posts: 63
Re: Mental Health - Partner Visa rights
Hello again,
I am having problems with this. I have contacted some migration experts but none seem able to offer any advice on the one thing that I need advice on - my lease.
I want to know to what extent it would jeopardise my visa. Because I don't know how this is all going to pan out - it may be that he starts medication next week and things return to normal. Or maybe not. Until I know which way it will go, I don't know if I will need advice/help with my visa application.
Migration agents want to help me with my application... But I don't want to do that.
Out of interest, who would be the right person to contact regarding how house leases affect partner visas? It seems like a bit of a grey area.
I am having problems with this. I have contacted some migration experts but none seem able to offer any advice on the one thing that I need advice on - my lease.
I want to know to what extent it would jeopardise my visa. Because I don't know how this is all going to pan out - it may be that he starts medication next week and things return to normal. Or maybe not. Until I know which way it will go, I don't know if I will need advice/help with my visa application.
Migration agents want to help me with my application... But I don't want to do that.
Out of interest, who would be the right person to contact regarding how house leases affect partner visas? It seems like a bit of a grey area.
Sep 6th 2016, 11:00 am
#9
Reg. Migration Agent
Joined: Jan 2003
Location: Inner Western suburbs of Sydney
Posts: 4,483
Re: Mental Health - Partner Visa rights
Hi Red,
The lease isn't much of an issue - migration law allows for partner visa applicants to be living apart on a temporary basis - and I think you should be making contact with one of the significant NGOs - in NSW IARC for example or even the NSW Legal Aid Commission- since you are going to need significant support across a range of services, not just your migration status. Mental Health Act and guardianship matters come to mind immediately.
Email me if you want relevant agency details for where you are.
Cheers,
George Lombard
The lease isn't much of an issue - migration law allows for partner visa applicants to be living apart on a temporary basis - and I think you should be making contact with one of the significant NGOs - in NSW IARC for example or even the NSW Legal Aid Commission- since you are going to need significant support across a range of services, not just your migration status. Mental Health Act and guardianship matters come to mind immediately.
Email me if you want relevant agency details for where you are.
Cheers,
George Lombard
