mala

Hi all,

i am the main applicant of a 175 visa containing 3 secondary applicants, husband, female child aged 3y and widowed father of 65y. We were granted the PR in 2008 july and validated the PR last month.

i must say things between us were not going well for sometime and when i got back after validating the trip (my husband stayed on in australia) i had summons which came to me for a divorce he has filed in my country before we left. only then i knew he had filed for divorce. how ever, i am ready to agree for a divorce as i see its impossible to get along. we have been married for 7y now and life has been unhappy for several years.

i want to bring up my kid and give her a good future so i am planning to go to aus next year with my dad and kid once the divorce is settled this year.

i have a few questions which i am facing :

1. if i meet some one new in my home country what are my options of marrying him and spending life together in australia to raise my kid together. i know there is a restriction of 5y gap between partner sponsorship.

2. is the five years counted from date of application or grant of PR?

3. my husband was a secondary applicant, does it go as a sponsored partner ?

4. if i get married here would it be difficult to sponsor the new partner ? i know there are compelling situations when there are young children in abandoned marriages

5. would it be easy to get a new partner on a temp visa and get married there in aus?

6. i am totally lost and i need some support to bring up my kid and look after my aged dad. i need to remarry some kind person who is ready to look after us. i need to know what visa options are available and what would be the best way of facing this.

thanks in advance
regards
mala

mala

anyone please ?

moneypenny20

A few things confuse me. First off is you say you got your visa in July 2008 but only validated last month, I assume you meant you got the visa in 2009?

Secondly if you are the primary applicant why are you looking for someone to look after you and yours? You are presumably well qualified in your profession and would have to work anyway.

You have just been told your husband is applying for a divorce and you're immediately asking about how to get some new man a visa? I'd do one step at a time and sort the divorce out and start your new life first. You don't even know if you will want to live in Australia in five years time.

I know everyone is different and we all live our lives differently but I can't get my head around your attitude to be honest. I also think your husband has got into Australia by 'the back door' and shouldn't be here but that's just my opinion.

Pollyana

You really need to be a bit more patient when waiting for replies, especially on something complex like this.

Firstly, I think you are a bit confused about sponsoring a partner. When you applied for your original visa, you weren't sponsoring your husband, he was included in the application. The five year gap applies to people being sponsored on a de facto/spouse visa.
- You will not be able to marry anyone else until you are divorced, therefore you cannot sponsor for a spouse visa until you are divorced.
- You will not be able to sponsor for a de facto visa unless you live with a new partner for 12 months or more.
You would not be able to sponsor someone fo a Prospective Marriage Visa, and then marry in Aus, until you are divorced.
- The compelling circumstances are usually in relation to a child and his/her natural parents. You inding someone else to marry so that you can have a partner to help look after the child would NOT count as compelling circumstances.
Needing "support to bring up my kid and look after my aged dad" is not grounds for being able to sponsor a brand new partner. You have to satisfy DIAC that you are in a stable and ongoing relationship with that partner, not that they would be useful for supporting your family.

Sorry that its not what you will be wanting to hear, but thats life.

I must admit, personally it does sound rather as if he has managed to get to Aus on an easy ticket, and can now just do his own thing, and I'm sure there are a lot of others around in much the same position.

mala

hi, thanks for your reply. yes i got it in july 2009. my dead line was june 2010 so didnt bother to validate it as we were having some issues with each other so waited till april.

i liked the country very much when i did the validation so i guess i really want to be there, obviously not with my husband as i hate him for what he did. probably want to start a new life after my divorce which will be over by the end of this year i guess. i want t o move to aus end of next year which would give me enough time to meet some one. what i was thinking was i dont want to start dating or anything after my divorce in case i cant sponser anyone from here. it would be a waste of time and would hurt too much in the end. i was thinking long term i guess... oh forget my husband.. i dont even want to talk about him.. makes me sick

anyway thanks alot.

mala

hi , thanks a heap. i was thinking of Prospective Marriage Visa. i wont be in aus now it self.. may be end of next year. my divorce should be over end of this year. that gives me time to meet new ppl. so just thinking long term.. i dont want to start dating if i cant take the new partner ... it will only hurt in the end . so i am safe with this visa right ?

Pollyana

Not sure what you mean? Do you mean "safe" with the Prospective Marriage Visa? If you meet someone, and if you decide to want to marry him, once you are divorced, then the PMV is probably the best visa for him, once you move to Australia. You can sponsor him to join you, on a PMV.

Don't be too hasty though - with the marriage only just ending, to be thinking of meeting and sponsoring someone else is a big step forward. How do you know that you would not be better off settling here first and seeing how things develop from there? After all, its a big ask when you first meet someone - to expect him to take on your child and your father, AND migrate to a new country

mala

thats true pollyana.. i guess i dont know what i am thinking... still in a bit of shock i guess... cant think straight it would be a disaster if i get in to a bigger mess! thanks so much for your advice. really appreciate it