Spouse visa - Child from an affair
Nov 6th 2005, 2:53 pm
#1
Just Joined
Thread Starter
Joined: Oct 2005
Posts: 1
Spouse visa - Child from an affair
Tricky question.
Three months ago I left England and entered Oz on a spouse visa (47SP-309) with my wife of five years and three year old son. So far so good.
I have just been contacted by my ex who is six-months pregnant and is naming me as the father. The math isn't too difficult and my wife is livid to say the least.
My wife and I are trying to work things out for my son but would like to know
1) Whether I need to inform DIMIA of the change in circumstances and are there going to be any consequences
2) If my new child can claim an Australian passport when I have completed my two years.
I appreciate that I might not get any sympathy but any information would be appreciated.
Three months ago I left England and entered Oz on a spouse visa (47SP-309) with my wife of five years and three year old son. So far so good.
I have just been contacted by my ex who is six-months pregnant and is naming me as the father. The math isn't too difficult and my wife is livid to say the least.
My wife and I are trying to work things out for my son but would like to know
1) Whether I need to inform DIMIA of the change in circumstances and are there going to be any consequences
2) If my new child can claim an Australian passport when I have completed my two years.
I appreciate that I might not get any sympathy but any information would be appreciated.
Nov 6th 2005, 3:07 pm
#2
Retired
Joined: Apr 2004
Posts: 34,649
Re: Spouse visa - Child from an affair
Originally Posted by Steve1971
Tricky question.
Three months ago I left England and entered Oz on a spouse visa (47SP-309) with my wife of five years and three year old son. So far so good.
I have just been contacted by my ex who is six-months pregnant and is naming me as the father. The math isn't too difficult and my wife is livid to say the least.
My wife and I are trying to work things out for my son but would like to know
1) Whether I need to inform DIMIA of the change in circumstances and are there going to be any consequences
2) If my new child can claim an Australian passport when I have completed my two years.
I appreciate that I might not get any sympathy but any information would be appreciated.
Three months ago I left England and entered Oz on a spouse visa (47SP-309) with my wife of five years and three year old son. So far so good.
I have just been contacted by my ex who is six-months pregnant and is naming me as the father. The math isn't too difficult and my wife is livid to say the least.
My wife and I are trying to work things out for my son but would like to know
1) Whether I need to inform DIMIA of the change in circumstances and are there going to be any consequences
2) If my new child can claim an Australian passport when I have completed my two years.
I appreciate that I might not get any sympathy but any information would be appreciated.
Something doesn't "add-up" here:
1. If you have been married for 5 years and have a child, then how did you manage to get only a 309 visa? On the face of it you should have been given a permanent visa at the start (married over two years with child).
2. Are you saying you had an affair with your ex-wife six months ago? (usually people want to get as far away from ex-wives as possible ... )
3. You need some urgent professional advice if your existing marriage is going to end, as you don't have a permanent visa and you are obliged to notify DIMIA of your relationship ending (if that is the case). You are at risk of having to leave Australia unless you can perause DIMIA you are entitled to stay under the law. One way to stay after the end of a relationship is to have an access order in favour of your child.
So you need:
- a good family law solicitor; and
- some good immigration advice (don't expect a family lawyer to know much about immigration law). If you need a referral to a competent practitioner, contact IARC in Sydney for a referral. http://www.iarc.asn.au
Jeremy
