GeordieKat

I will keep this brief an anonymous. I am a mother of three young children who came to Queensland from the UK reluctantly with my husband two years ago. We are on my husbands 457 visa and are in the process of applying for PR. He has left me and the children two months ago and has told me not to say anything as he feels this will stop the PR process. He does not want me to go back to the UK as he wants to see the children (however not often!), I want to go back to the UK, but my oldest son wants to stay and he is my son and only my husbands step son, I feel very trapped, but am willing to stay for my children's happiness regardless of mine. I have no support or family here and am very isolated.

I called the British Embassy anonymously an they said he should by law inform immigration that we have separated. I am stuck really as I am reliant on him financially as my wage cannot cover all expenses and I am entitled to nothing. I cannot afford a lawyer, and cannot legally separate from him as this would mean informing immigration. Please can someone give me some advice or information on what my actual rights are, i'm scared and unsettled and feel like I have no control over any of this situation.

Pollyana

If the relationship is over then yes, you should inform Immigration as you are only here because of your marriage. You are a dependent on your husband's 457.
That also means that you are not eligible to apply for PR as his wife, if the relationship is over.If he is trying to get you to pretend that the relationship still exists, then you should be aware that this is visa fraud and is a serious offence.

Technically, you should return to the UK, unless you qualify for another visa, however with children involved it becomes more complicated. If the PR is granted you would have problems removing them from the country; on the 457 you might stand a better chance

Some migration agents will give an initial consultation for free, that might at least point you in the right direction. You would be better contacting one of them before going to DIAC at all. There are some who post on here, Alan Collett and George Lombard come to mind, and they might be able to point you to some free or cheap advice. I strongly suggest that you get professional help before going any further with the PR application.

Bermudashorts

I think Polly has covered everything so this is just to echo that post.

Personally, I would tell immigration and not attempt to get PR. You have said you want to go home so go home, an unhappy mum will lead to unhappy children in due course.

pumpkin blossom

I agree with bermundashorts. If you didn't tell immigration (as pointed out, not good) and did get pr and THEN decided you didn't want to stay here you could have big problems taking your children back.
Your husband has caused this situation, you have to do what is best for YOU. And has been said, if you are not happy, that will filter down to the kids.
Good luck.

quoll

Sounds like he wants to eat his cake and have it too! Look after yourself and do what is best for you! The others have given you good advice, I just wanted to wish you luck! Edited to say, even though you are on a temporary visa you can still seek support/advice from social workers at Centrelink IIRC. Another avenue of support might be from the Women's Information and Referral Centres. Do you have any UK family who might be able to help you out?

rasen78

I doubt you separating would have an effect on HIS PR application It would possibly only effect those of the children, but you would need to speak to someone with far more knowledge.. However, if Immigration find out that fraud has been committed, that will have serious consequences. He has created this situation and I'm afraid I'm of the opinion he has made his bed. You should inform Immi of the situation ASAP to minimise any potential problems.

Why are you entitled to nothing? As the mother of his children, you should have some entitlements surely? You really do need to seek out some legal advice.

Pollyana

It won't affect HIS PR application - unless he includes the OP on it as his current spouse when the relationship is over. Nothing to stop him going ahead and applying for PR as a separated person, and admitting the relationship is over, in which case the OP will not get PR as she is no longer with him.
However, the question of the children will complicate things. They will either have to be named as migrating or non-migrating dependents, will need medicals, and it then gets even more complicated.
The OP having no longer got a visa to live in Aus, should be going home. The children however can stay as they are his dependents on the 457. As she would be living in the UK the father would need her permission for any of the children to live here. If the children are still here when the PR is being decided, then the complications get even worse and she would definitely need professional advice - I don;t know all the ins and outs of the laws but she might find that the children end up with PR and can stay here, and she has no right to remove them and take them home.

Quoll's suggestions of who to contact would be a great place to start - but do it quickly!

GeordieKat

Only two of our children are biologically his and currently residing with me as this is what they want, if his PR application goes ahead and is successful can he include the two on it without my say and would they take my children from me and send me home with my other son? I'm really scared now.

GeordieKat

I am on the current PR application as his current spouse, unless he has taken me off without my knowledge, as we were still together when he lodged the initial application. We have already gone through the medicals and the form filling process and now it has been lodged through the company lawyer who he works for. There is a backlog of up to five months for processing he has told me.

Bermudashorts

They would need to go for a medical for the PR stage, so no doubt you would at least know about it. I don't think you could stop him putting the natural children on the application.

If you were in the UK and he was applying for a PR visa, the visa would not be granted unless he could prove he had custody and the right to remove them from the country. However you are already in Australia so I am not quite sure how it will work ...

I would suggest you get some help from a family lawyer asap, in fact if it were me (and I didn't want to stay in Australia), I would be looking to get out of the country asap. I mean legally of course, don't just book a flight and go.

Do take some action and put your own interests first ... your husband is.


Edit: just read your post again, sounds like the children are already on track to getting the PR visa, I really would take some steps before that happens.

Pollyana

As Bermudashorts says, family lawyer help asap, preferably from one with Immigration knowledge as well.And I would be going home too, with your children. Depending on their age DIAC may take their wishes into account, but they will also have to check permission from you for them to migrate permanently - if they are in the UK.
If you are still in the country their PR may just be granted - especially if you are on the application as well. Then you will be left with no rights to remove them EVER without a lengthy court process.

And the fact remains - if you gain PR by claiming to be his Spouse when you no longer are, you are both committing visa fraud. You could both end up with your visas being cancelled. I would contact the company lawyer/agent IN WRITING and tell them you are no longer with him and should be removed from the application.

GeordieKat

Thank you all for your kind advice. I did try to see a family lawyer however they had no immigration background so were unable to help. There is a free immigration service here however they are away for Christmas break until late Jan. I have however just emailed another one, and hopefully they can assist in someway. I wish I could just get on a plane and go back however I do not have the money for four plane tickets and I seriously doubt he will pay for them.

Pollyana

Do you have any family or friends at home that could lend you the money?

What I'm working on is that if you are granted PR along with your husband and the children, you will then be stuck here as they will not be able to leave unless he gives permission.

GeordieKat

I understood that would be the case as the lady at the embassy when I called told me this regarding the PR and children. Although I do want to go back I feel this is more about me wanting to be around people who love and care for us, rather than looking at the bigger picture of would we really be better off in the uk right now? as its pretty grim there and I'd be going back with no job or house, whereas here I have a good full time job. My main concern is that I don't like the idea of that I am doing something wrong by not saying something to immigration, I am a really honest person and would hate to think I was breaking any laws. Also my oldest child really wants to stay here he has settled in school and loves the way of life, as do the other two (his) however they are aged 8 & 4 and just want to be anywhere I am. My family would find the money if necessary, but I am also scared of the repercussions of removing them anyway without his say so, especially as they are on the PR application and by the sounds of things may remain on that even if I was not. The thought of loosing two of my children fills me with dread, especially as I am a really good parent and basically have done nothing wrong.

Pollyana

IF you lie to Immigration and say you are still in a relationship, when you are not,yes that is fraud.
No-one on here will condone it as it is against the law. However, at the end of the day it is your choice..... Unless you qualify for a visa in your own right then your route to PR - and staying here - is through your husband. And remember DIAC may ask for proof of the continuing relationship when granting PR.

Once PR is granted, based on an ongoing relationship, it is irrelevant whether you stay together or not.