Lumo

Hello everyone, I’m posting this question on this forum because of a recommendation from a friend.

Applied Skilled Independent Feb 04.

Just had Med requests for myself, wife and son. Booked for 2 weeks time.


Wife has now left with my son to a new house.

So now I’m totally destroyed. I put my all into an idea that was my wife’s, and admittedly I got hooked on Australia after a month there last year. I have even secured employment and told everyone I work with including my boss that I’m leaving in May.

My wife wants me to stay in the UK, because she doesn’t want the hassle of chasing me for money in Australia, and this is the basis of my question;

1. If I still wanted to go to Australia by myself, am I totally screwed now that she isn’t going for the medicals?
2. And if she did go to the medicals, would we all need to migrate to for me to settle in Australia?
3. or as the Principal VISA holder, would I be able to go on my own?
4. How do Australia organise Maintenance with separated couples?

Please help with any info you can, I didn’t want it to be like this, I wanted the whole family to have a great new life in Australia, but now I have to make the best of the rest of my life.

Thank you for reading.

Lenny.

desperate2go

I havent got the answers you are looking for unfortunately Lenny- although if its skilled independant and its your occupation thats been assessed i would have thought you could still go, if you so wished.

Someone on here will know the answer. Just wanted to send you my love and hope that things work out for you one way or another. It is a horrible time as those who have been through it know only too well and im sure that at the moment you feel devastated. Take a while to think over your options before you rush into anything. Take care mate

Rachel

vivi

I am so sorry Lenny, I am afraid I do not have answers, tho' I would imagine if you get the visa on your merits ie points then it will be granted. Hang in there someone will come up with the answers!
ViVi

JAJ

Assuming you are the main applicant, and you are *not* using spouse skill points then you should be able to get the visa on your own merits, provided you navigate the medicals issue below.

- DIMIA will expect your wife to do a medical normally. However you need to write to your case officer and explain your relationship has ended. They will want to see some evidence the marriage is being formally ended (eg separation documents). Once satisfied of this, they should not require your wife to do medicals.

- Your child still needs to do a medical unless you can persuade DIMIA it's 'unreasonable' to expect him or her to do so.

In the light of both of these points, you need some competent immigration advice as you don't want DIMIA to refuse your application before these get sorted out.

Can't help specifically. I don't know if CSA orders are enforceable in Australia.

One thing on which you do need to get some good advice is custody of your child - you don't necessarily want your ex using your migration as an excuse to apply for sole custody rights and deny you access. See a good family law solicitor as these topics are far too complex for an online forum.

Jeremy

Lumo

Thanks Jeremy, you seem to know what you're talking about, I am taking your advice and am writing to my case officer.


I have spoken to my wife tonight, she will not allow the children to have medicals, she assumes this will stop me emigrating, and therefore guarantee her child support. This was never in question, I have already agreed to let her have everything, all savings and possessions, and I wouldn't want to see my boy go without.

Thanks again all for your suggestions
Lenny

markeh

Lenny,
I think you need to reconsider giving your wife everything.
I believe that the CSA will still be after you if she clames anything.

I would take legal advice about the split & don't give it all away.
You may yet have another family

As far as the visa goes, if you are the applicant then the visa is for you.
Your case officer will need to be informed, and if you have it in writing that your wife won't let her & children take the medical then that should be ok. (only what I've glkemed from past threads.)

Bye
Mark

Plenty more fish in the sea!

Wol

Poor chap - what a position to be in.

Don't rush: if you are eligible for a visa it won't go away! You must sort out the UK legal side first, and get accurate advice on the visa application - don't listen to us amateurs here on something as potentially complicated as this one. You can get a lot of advice on the usual things here but something like your case could backfire.

Good luck.

anya4oz

Lenny

Poor you - what a rotten situation to be in. Jeremy's advice sounds good though, & I am sure with the right legal backup, you will get it sorted.

Best of luck with the move.

Cheers,
Anya.

numbers

SOrry mate to hear what you went through. I wont give you advice, i dont think anybody canon the finances issues, but just to let you know that I used to work for the CSA (best check now though as things may have changed), but i can say for sure, when i worked there, you are not Liable to pay any sort of maintenance, as the CSA powers are for UK only. Now before you take this the wrong way, its not meant like that, all im saying that if this is still the case, then you have more bargaining power than you think, so head the warnings of a prebvious post about giving everything away. Ive seen it all at the CSA, it was horrible, men getting shafted (and women before i get a hammering) and the CSa can actually turn a amicable separation into a really nasty one, expecially when hungry solictors get involved. Anyway just thought id let you know about the CSA powers (when i worked there), but a quick phone call will tell you for sure, then you can decide whats best for you on your terms financially. Hope i havent offended, just my experience of solicitors and mother in laws have scarred me for life :scared: take care mate..tony

alexanw001

The CSA can not take money from you in Australia, however you will accumulate a debt in the UK for unpaid child support until your child is 16 years old. If you ever go back you will have a large debt to repay or you even may have to go bankrupt, if you decide to pay maintenance from Australia, make sure you leave a paper trail and keep receipts and even inform the CSA what you are doing because your partner may not declare the income you provide her with.

Everything will work out ok, your moving to the land of milk and honey

Alex

nursenancy

Lenny, so sorry to hear about your situation but don't lose hope and also don't let your wife take 'everything' - by the sounds of it your entitled to 30%, you'll need that for starting a new life down under. Give her time and she'll come round. She's just 'angry' at the moment, once shes a bit more settled I'm sure she'll do the medicals etc Unless she really wants to make your life miserable?

The McGintys

Hi Lenny

What a nightmare, my husbands brother is going through the same thing but their relationship broke down whilst abroad and now he has the dilema of staying in a country he hates or coming back to the UK without his son.

I think another issue you may wish to consider is not being able to see your son. This could affect how you settle in australia as many people get homesick but missing your child must be very difficult to cope with.

Hope you can work it out.

Daihla

bridiej

Sorry to hear about your position, hope you get it sorted.

marysidey

Really sorry Lenny

I agree with other replies tho dont rush into any decisions yet its too soon
sounds like this has come like a bolt from the blue

dont give up on your dream but dont give up on everything else
I agree you need sound advice and to negotiate property savings etc
work out how and when you will see your son as the most important thing
dont be blackmailed into staying but dont be pushed away either
good luck
love mary