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Chances of finding out defacto seperation??

Chances of finding out defacto seperation??

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Old Mar 24th 2009, 10:50 pm
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Red face Chances of finding out defacto seperation??

Sticky topic and i know what your supposed to do but

I am here on a 457 visa and have been in the country for 5 yrs and have my defacto spouse and two small children as my dependants.

Well... We have actually been seperated and living seperatley for 18 mths now. I have started the application for RSMS 857 visa and the employer part has been approved. I know if we can make it through to PR then we can declare that she is no longer my dependant. (If she has to go back to UK then i lose my children)

My question is what are the chances of DIAC finding out we haven't been in a relationship for 18 mths?? We have been very careful but she rents a house in her name and works, and almost all her addresses (bank, bills etc) are to her address not mine.

Oh and ex wouldn't be able to get any Visa in her own right

Last edited by Squishy; Mar 24th 2009 at 11:19 pm.
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Old Mar 24th 2009, 11:24 pm
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Default Re: Chances of finding out defacto seperation??

Chances are much higher by putting information like this on a public forum which DIAC agents can and do read.
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Old Mar 24th 2009, 11:33 pm
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Default Re: Chances of finding out defacto seperation??

Originally Posted by RCoight
Chances are much higher by putting information like this on a public forum which DIAC agents can and do read.
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Old Mar 25th 2009, 12:30 am
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Default Re: Chances of finding out defacto seperation??

Yes you're right i had thought of that but do they actually check stuff like your spouses listed addresses and the like?
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Old Mar 25th 2009, 12:53 am
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Default Re: Chances of finding out defacto seperation??

Originally Posted by Squishy
Yes you're right i had thought of that but do they actually check stuff like your spouses listed addresses and the like?
Of course they do,they are nosey b'stards,mmmm very very nice nosey b'stards of course
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Old Mar 25th 2009, 7:32 am
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Default Re: Chances of finding out defacto seperation??

Originally Posted by Squishy
Yes you're right i had thought of that but do they actually check stuff like your spouses listed addresses and the like?
Yes they can and probably will. You will be asked where you are both living, for starters. You will probably have to make statements about being married, sharing finances etc. If you obtain the PR visa with a less than honest application you are at risk of having it cancelled at any point, in which case you will all be on the way back to the UK.

Do the words "visa fraud" mean anything to you?
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Old Mar 25th 2009, 10:55 am
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Default Re: Chances of finding out defacto seperation??

Originally Posted by Pollyana
Yes they can and probably will. You will be asked where you are both living, for starters. You will probably have to make statements about being married, sharing finances etc. If you obtain the PR visa with a less than honest application you are at risk of having it cancelled at any point, in which case you will all be on the way back to the UK.

Do the words "visa fraud" mean anything to you?
Presumably any findings of visa fraud could also result in cancellation of PR?
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Old Mar 25th 2009, 11:03 am
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Default Re: Chances of finding out defacto seperation??

Originally Posted by EvannTel
Presumably any findings of visa fraud could also result in cancellation of PR?
Yes, it will. And also bring with it a ban on returning for a time.
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Old Mar 25th 2009, 11:16 am
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Default Re: Chances of finding out defacto seperation??

Originally Posted by Dorothy
Yes, it will. And also bring with it a ban on returning for a time.
Gee, makes some tough decisions for OP.
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Old Mar 25th 2009, 11:19 am
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Default Re: Chances of finding out defacto seperation??

don't know whether the OP and ex-partner could ask for a waiver since there are the kids involved... any views on such a possibility?
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Old Mar 25th 2009, 11:23 am
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Default Re: Chances of finding out defacto seperation??

Where were the children born? I have a feeling that there is also a rule about the children's country of "habitual residence" which applies when the child has been resident 3 months in the country, that may be helpful.

Hope this helps.
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