alipally

Right going to put all of this down as I don't know the right answer. I'll start from the beginning, please bear with me it's quite long...

BFF arrived here, alone, 2.5years ago on 457 visa. Met bloke 15 months ago and got pregnant immediately He was on a spouse visa, but, separated from said spouse, who then cancelled his visa. He was then visaless.... So she had him added to her visa, as de facto. The bought a house together... (her money paid the v. hefty deposit over $200K)

Baby born 6 months ago, he became violent and manipulative, she has been trying to get him out of the house, but he refused to leave. So she left and stayed with friends. Relationship on and off and on and off again, but never for more than a week or two before he started his old game plan again.
Anyway he moved out of the house and then decided that he would move back in again because 'it's half mine'!

I was there, he woke the baby in middle of night banging about in spare room (getting ready to leave to watch world cup) she was mad, went to get baby and shouted at him for waking baby. End Result, he hit her AGAIN, I called police, he left to watch match, before they arrive.
Statements are taken. Mediation was booked for Tuesday and now AVO issued with court scheduled for today Tuesday's mediation.... he says he want baby to stay in Aus until he's 18 and accused BFF of not putting through PR app to prevent this.... (possibly true). Then today went to court and pleaded NOT GUILTY to charge despite admitting to police that he DID hit her.

So question is.... Would it be legal for her to resign from job, have visa cancelled (his too) and leave country, forcing him back to the UK as well. There's no order for baby to stay at the moment would it be legal for her to leave NOW and should she before she's trapped her for an eternity????

We're clear about the property, thankfully, but it seems to me that his aim is to make her as miserable as possible.

moneypenny20

She doesn't need to jack in her job and cancel the visa. She can simply inform DIAC that the relationship has broken down, that he is no longer her de facto partner and he will lose his visa and be sent back to the UK after which she and the child can do as they please.

That's how I'd do it anyway. She has the detailed proof of his violence, there should be no problem with him losing his visa.

alipally

Are you absolutely sure that this can be done?

Somebody told her that the baby couldn't have a different emigration status to the father??? It's possibly not true, but if everyone agrees, I'll tell her and it will be done tomorrow.

moneypenny20

She's on a Temp visa and had the baby here so the baby is hers but is British (presumably). As far as I'm aware the migration status of the father is irrelevant but perhaps in the circumstances her best move would be to have a consultation with a reputable migration expert who will tell her exactly what she can and can't do. Most of the good ones will do a fifteen minute free first consultation so if she works out the questions she needs to ask and avoids 'chat' she may get all the info she needs from that one conversation. Try George Lombard or Alan Collett or Ian Harrop - all their details are in their public profiles on here.

At the end of the day she holds all the cards, he doesn't hold any.

Pollyana

The baby at present will be on a 457, like the mother. If the mother goes for PR the baby will presumably be on that application but the father won't if the relationship has broken down.
If the father goes for PR he can put his child on his application, but not his ex-partner.

Where it will get complicated is if one parent is here, one is in the UK, and there is a conflict over custoy of the child. I would echo Moneypenny's suggestion of getting advice from a registered agent.

JenniGee

I so, so wish I could help you with this one, but I really have no idea about the visa side of things

It doesn't matter if he does accuse your friend of not putting him on the application...she has evidence of his violence towards her & it's her visa - why on earth would she include him???

Definitely get hold of someone like George Lombard asap, as I am sure there are ways & means of getting this guy's visa cancelled, especially since he now has a "record".

Very best wishes to your friend

hoofie2002

What is that with these men who get off on hitting women ? How brave and tough they are [not] !

The fact he has hit her and she has a baby should make it very easy to get a court order keeping him out of the house. The lady in question also needs a lawyer to protect her house and assets also.

The nasty prick will get him comeuppance soon.

lonndongeek

Your friend really does need professional help. Either direct her to one of the agents mentioned in one of Moneypenny's posts or have her speak to one of the free immigration advice organisations in this post.

Hope she gets it all sorted out in the end.

Cheers

Steve

Dorothy

With all due respect, he doesn't have a "record". He has not been convicted of a crime, so therefore is still innocent in the eyes of the law and DIAC.

The OP's friend needs to contact a reputable agent who can help her sort the visa situation.

JenniGee

That's probably true..I guess I meant "record" in terms of having had the Police called out & that he had admitted the assault to them.

I hope the lady gets advice soon

JAJ

Section 78 of the Migration Act ... baby gets visas from both parents, normally.

But do get some professional assistance.