Bexie

Hi all,
I have been back in UK since 15th May 2009. Myself and my hubby and children emigrated on 31st Jan 2007 to Melbourne on a Class BN Subclass 137 Skilled - STNI visa. I wasPrimary applicant. I had to return suddenly as my husband left mesuddenly and unexpectedly for an Australian woman. he has been residing with her since end of April...he left me on 7th April this year. I urgently need to know if he is legally allowed to remain in Oz on this visa despite not being visa holder. I left Oz 3 mths short of two years. i am seeking legal advice and need to know his position. i need to inform DIAC of a change of circs. Can anyone give me a link or email addy. I would be sooooooooo grateful if you can help. Please.
Thank you so much.

eurosyl

Sorry to hear about the breakup but as far as I know it is a permanent visa, and you do not say as much but he must be in Oz as permanent visa holder (I suspect he was the secondary applicant). The visa was validated and their are no grounds to withdraw that after a split in the relationship. There is also no need to inform DIAC.

And a public forum may not be the best place to look for legal advice.

Sylvia

JAJ

No change of circumstances to report, sorry. Once validated, he held PR on the same basis as you. But you may wish to seek advice from a family lawyer in the state in question as to what his obligations may be on support money, etc.

Why did you have to return to the UK? Was there no option to remain in Australia? And where are your children?

Bexie

Thank you...I am not realyseeking legal advice, my solicitor just asked me to find out. I did not have to come back, rather, it was a case of needing to be back for family support etc. my children are with me. hank you for taking the time to reply to me. So even as secondary applicant, my husband can remain in Australia without me being there.
Bexie

Dorothy

Yes he can. He was granted a permanent resident visa as well so is not dependent on your staying here.