Rights on separation on 457 visa and PR in process
#16
Re: Rights on separation on 457 visa and PR in process
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.
You need to find that money and get on the plane as soon as you are legally allowed to do so. Do not just go without speaking to the family lawyer as I believe the Hague convention would still apply even though they are temporary residents.
Hopefully family can help with flights, you mention you have been working so you should be able to claim your super back once you leave which would be several thousand I am sure.
Wanting to be around people that love and care for you is a great reason to go back. Staying in Australia because of a temporary recession in UK is not a great reason to stay. Well it might be in the short term, but you have to think long term and if you do not get out now you might be trapped for many years.
Regarding your oldest child, well the fact is that he, like you, is not entitled to stay on your husband's visa application and as you want to stay honest and legal, there is no choice here, he does not qualify for a visa.
#17
Just Joined
Joined: Dec 2012
Posts: 3
Re: Rights on separation on 457 visa and PR in process
Hi GeordiKat
I really feel for you I am in the same situation My husband announced on Sunday that he is moving out (he has been seeing someone else) We haven't applied for PR yet but were to do so shortly He still wants to go ahead with this and wants me to pretend that we are still in a relationship My kids desperately want to stay as they have really settled in My concern, like you is the total insecurity of the situation and taken to the extreme the possibility of losing my kids Added to this, I am not eligible for any state aid because of the 457 VISA Just to complicate matters, although we are British, we have not lived in the UK for a while as we were living in another EU country when we came here Initial enquiries suggest that I would not be eligible for any state aid, even temporary, from the UK or the country we migrated from Like you I feel totally isolated I have no money of my own as I gave up my professional career when we came here to support my husband's big career move
Ryn
I really feel for you I am in the same situation My husband announced on Sunday that he is moving out (he has been seeing someone else) We haven't applied for PR yet but were to do so shortly He still wants to go ahead with this and wants me to pretend that we are still in a relationship My kids desperately want to stay as they have really settled in My concern, like you is the total insecurity of the situation and taken to the extreme the possibility of losing my kids Added to this, I am not eligible for any state aid because of the 457 VISA Just to complicate matters, although we are British, we have not lived in the UK for a while as we were living in another EU country when we came here Initial enquiries suggest that I would not be eligible for any state aid, even temporary, from the UK or the country we migrated from Like you I feel totally isolated I have no money of my own as I gave up my professional career when we came here to support my husband's big career move
Ryn
#18
Re: Rights on separation on 457 visa and PR in process
Very distressing Christmas thread.
For Geordiekat you should certainly contact RAILS - a community legal centre specialising in migration in Queensland - as you're in a very vulnerable situation. Their site is http://www.rails.org.au/ and I would suggest you call them for a consultation.
For Ryn I don't know where you are but would suggest you email Pollyanna who can give you the name of the RAILS equivalent for your state.
Happy New Year,
George Lombard
For Geordiekat you should certainly contact RAILS - a community legal centre specialising in migration in Queensland - as you're in a very vulnerable situation. Their site is http://www.rails.org.au/ and I would suggest you call them for a consultation.
For Ryn I don't know where you are but would suggest you email Pollyanna who can give you the name of the RAILS equivalent for your state.
Happy New Year,
George Lombard