Toryglen-Boy

Hi there.

I recently came back out to Australia with my Australian partner on a defacto spouse visa, and after an initial panic attack of leaving, and then coming back, i love the place, and yes, it has come to grow on me ...

But i think i need to speak to immigration ...

recently my relationship with my partener has went downhill, and there is talk of splitting up. We have a 6 week old daughter, and i have a very good job. The company i work for have said they would speak up for me with immigration, and tell them i am doing a great job, and how they dont want anyone else. Me and the babys mum would be on very good terms, and she wants me to be part of the baby's life, and i am happy to provide for the baby etc.

If i explained all this to immigration, would they let me stay? my daughter needs her dad ....

we havent split up yet, but its looking likely ...

ta

northernbird

I don't know about the immigration stuff but just wanted to wish you all the best.

Sleeping Beauty

have you already got your PR de-facto visa?

if you have, then what happens after it is issued surely has no bearing on the visa issued? somebody could split up some months after it was issued, or some years. at the time the visa was issued, you were in a relationship with this aussie girl and have since had a 6 week old baby. is this right?

Anastasia Beaverhausen

Do you already have a PR visa? I think you have to inform DIMIA if the relationship breaks down, but it would be pretty heartless for them to kick you out when you have a child here.

On a side note, are you sure the relationship problems are not part of the settling period after having a child. Hormones and emotions are everywhere, trust me, I could have throttled my hubby on several occasions after having our son. Its all good now though.

Toryglen-Boy

yeah thats right, but i think in the first two years of the visa are temporary, and if there is any change in the status of our relationship i have to inform the DIMIA immediately. I only get considered for residency after the intinal period of the visa is up?

Sleeping Beauty

how long have you had the visa for? not that long if my memory is correct?

Ozzidoc

This must be a very difficult time for both of you. Can I please please suggest that you speak to your GP about your relationship and seek help on where to find professional help?

They will have seen this many times before. Presumably your partner will be seeing the Dr for a 6-week post baby check up anyway?

Good luck with everything.

Toryglen-Boy

had my visa since about April, been here since June ...

Sleeping Beauty

as someone mentioned earlier, is there no way back with your relationship? i presume you are still living together. 6 weeks since a new baby arrived, its all bound to be very fraught anyway. your whole life changes. as ozziedoc has suggested, why dont you all go to the doctors together.

Toryglen-Boy

no. no way back

DunRoaminTheUK

Hi.

Can't you and your partner come to some arrangement and simply ensure that you continue to live together for the sake of your child, legality and your continued presence in Australia? If you are still both on very good terms then perhaps this might be a workable solution?

I'm not sure, however, if by doing so you would be violating the terms of the agreement as if you are still cohabitating how would DIMIA determine (in law) the legal termination of your partnership? Some people (and I mean this seriously) are still legally a couple but haven't indulged in any of the carnal activities that re-enforce that partnership. They wouldn't be "kicked out" because what formally defines the end of a relationship?

iPom

Really? This is very sad. Hormones and all that... Is your other half depressed? Her thyroid will be very low after the baby - it takes about 3 months for it to recover, so she may be completely depressed, tired, snappy etc etc etc. She may also have some postnatal depression, though research indicates that it is often diagnosed instead of giving thyroid support.
I wouldn't make any life changing decisions 6 weeks after having a baby, I really wouldn't. Can you get some time away for a while, but keep supporting her with the baby by popping in every other day or whatever? Time out for both of you might help.

I'm really sorry to hear this.

DunRoaminTheUK

Also, one of the biggest priorities for you needs to be driven by the fact that your baby needs you. You will regret the time lost (even if you get to "visit") and there is no getting it back once things come to pass.

I would really think about sorting out your differences and staying together, even if it is whilst perhaps finding your own respective "space" for a while?

Pollyana

From a visa point of view, PR is usually only granted if a rel'ship is still ongoing. I suggest you get professional advice, maybe from one of the agents that posts on here, as to how best to put your case to DIMA.

iPom

Absolutely agree with this... Please keep us informed TGB... I really, really hope you sort this out.