LouiseD

Hi Poppy - just wanted to say that I do hope you manage to get things sorted out so that you can stay if you want to. It would be one less thing to worry about as it is difficult moving across the world with a partner, let alone when you are on your own. At least you have your daughter to keep you going and to help you get through this.

Good luck

Hutch

Talk about a rock and a hard place. Just wanted to wish you the best of luck sorting things out. Would echo JAJ's advice about posting in the immigration section of this site - lots of very knowledgeable folks in there.

krizzy

I'd not move out or doing anything until getting legal advice...easy to say not easy to do...but you could lose rights to a home and money if you move out...

kiwi_child

The relationship being over DOES NOT change his obligation of support as far as I know. This sounds like a ploy on his part so you won't kick up a stink and he can evade a financial liability, which he entered into an agreement with the Australian government.

I know there is info/advice on DIMIA website about this kind of situation. Also it does not force you out of the country, and you may well be entitled to centrelink payments as well.

Check out: www.dimia.gov.au

www.centrelink.gov.au

And also find out where your local community legal advice centre is. You can get cheap legal advice at them. As your husband he cannot just force you out of the home. You may actually even be able to have him removed by court order. Also DO NOT hesitate to contact immigration and the Family Court ASAP.

Good luck,

Christina

dingbat

Do they have Women's Transition/Refuge organizations in Aus? It is just that the OP stating that she has to ask for money for sanitary products really p***ed me off. There are sometimes advocates who can advise of her rights for free within some of these organizations.

Try these people too:

http://www.legalaid.qld.gov.au/Women...+Legal+Aid.htm

megansmummy

Im so sorry to hear about your awful situation. I cant believe your hubs is treating you so bad

My situation isnt quite the same but i too married last may & had same visa as you!

I have just left my hubs in Oz due to hating the country really badly. He is now shacked up with an 18 yr old & im back here

I cant offer any practical advice but i do truly hope you get something sorted soon

I wish you all the best! xx

Pollyana

Unfortunately the first two years of the Spouse visa in Aus is usually on a temporary visa. The permanent visa is granted after two years if the rel'ship is ongoing - its designed to stop people marrying just to get a visa. There are exceptions but they don't seem to apply here.
If he was the natural father then Poppy would have more chance of remaining in Australia, as it is, without a domestic violence case then if the rel'ship ends the visa is virtually cancelled. He only has to support her while they are together, and strictly speaking if they aren't together she has to go home, with her daughter.
Talking to an agent is her best bit in case they can come up with a loophole that at least allows her to stay until she can get home.

I don't mean any of this to sound cold, just trying to outline the spouse visa system for people outside of Australia.

auspal

There could possibly be domestic violence going on in your relationship, having to ask for money to buy feminine products rings a warning bell. Ring the Domestic Violence information line, dont know your local number, but a couple of internet links are:-

[email protected]
www.domesticviolence.com.au

It doesnt have to be physical violence, it can be intimidation, harrassment etc.

My advice is to stay put, no-one can force you out of the house, your name doesnt even have to be on the lease. It is your home and you live there. Only a court order from a magistrate can do that, and I dont see any grounds for that from what you have told us.

If your partner becomes aggressive towards you because you refuse to leave, then phone for the police immediately. ( I do hope that it wont come to that though)

The ladies at the domestic violence service will offer free counselling and support if you fit into that category, if not I am sure that they can point you in the right direction for professional help.

I feel so sorry for you, and I am glad that people on here are reaching out to help you. There are some lovely people around

kiwi_child

DIMIA mentions on their website that if a spouse of an Australian citizen comes to OZ, and the relationship breaksdown before they are granted PR, that there is provision for these circumstances. DIMIA take very seriously the responsibilities of the guarantor and legal action against him, if he tries to evade them is possible, even likely.

A breakdown of a relationship does not automatically end the temp visa holders rights to reside in OZ at all as far as I understand.

She may not have the finances to go to a migration agent. A community legal centre is free or nominal fee. Also I don't think she should be afraid to contact DIMIA direct, though she might first want to see the community legal advice people or a citizens advice bureau and ask how to approach DIMIA about this.

Jerseygirl

I'm sure the OP will be glad to hear that...thank you kiwi_child.

kiwi_child

Okay an update: If the OP has already applied for and received a spouse visa after marrying the guy, then she does not need to tell DIMIA anything and will have PR status.

If she has not yet applied for and received a spouse visa she will need to notify them of the breakdown of the marriage and fill in this form:

http://www.immi.gov.au/allforms/pdf/1022.pdf

http://www.immi.gov.au/migrants/part...-applicant.htm

Sponsors obligations:

http://www.immi.gov.au/migrants/part...ns-sponsor.htm

If your fiancé(e) is granted this visa, as sponsor you are responsible for all financial obligations to the Australian Government that your partner might incur in Australia.

You must immediately notify the department if your relationship with your fiancé(e) breaks down, or if you withdraw your support for your fiancé(e) before their application is finalised
(She isn't his fiance though, she is his wife!)


Assurance of Support:
http://www.immi.gov.au/media/fact-sheets/34aos.htm

An Assurance of Support is a legal commitment by a person (not necessarily the sponsor) to repay to the Australian Government certain welfare payments paid to migrants during their respective Assurance of Support period.

Respective Assurance of Support periods are:

- 10 years for Contributory Parent visa holders or
- 2 years for all other visa types where an Assurance of Support is needed.
The Assurance of Support scheme enables welfare costs for these migrants to be met by an Australian permanent resident or citizen, rather than the Australian community

So basically this guy IS liable for two years from date she entered OZ AND she can go to centrelink to claim welfare. He will be made to reimburse the federal government.

Pollyana

well I'm sure all those of us that have spent two years struggling under the impression that we were temporary residents and had to report relationship breakdowns are a little confused to read that. Especially the three posters that I'm aware of who have had relationships breakdown within two years and have had a real struggle to stay. Maybe the rules have changed - I'll bow out of the thread and leave it to you.

Alan Collett

Not correct I'm afraid if the OP has been granted a provisional spouse visa (as is usually the case when an application is made for the grant of a spouse visa after being married in Australia as the holder of a prospective marriage visa).

I recommend that the OP takes professional advice as a matter of urgency.

Best regards.

poppy1967

Thanks for your good wishes Hutch and LouseD. I like your "never regret" saying too. Can't say I've repeated it 50 times as yet, but is a good thing to remember!

Thanks krizzy, I'm in the process of getting advice from a number of sources at the moment, including Legal Aid Queensland. I appreciated your link dingbat, thanks for that.

megansmummy, yours was the first thread I read on here, and although I'm sorry to hear about what you went through, I'm glad to hear you're now in a happier space. Hopefully I'll be joining you there soon Some lessons are harder to learn than others, but all are good, even if it doesn't seem that way at the time.

You're absolutely right auspal, there really are some lovely people around. You've all renewed my faith in human nature, helping a stranger as you have. It's been great. I checked out your link and it was very helpful and confirmed some things I hadn't found elsewhere, thanks.

I'll be having a long chat with someone from RAILS (Refugee and Immigrants Legal Service) in the morning, as to my visa situation, and yes Alan, I was granted a temporary spouse visa in July of last year, and I'm getting advice from a number of different sources suggested by folk on here.

I'll keep you updated.

Cheers

JAJ

I second what Alan says. And when choosing an adviser, it is essential to go to one who thoroughly understands both the domestic violence provisions (not a simple area, psychological abuse can also count) and the process of appealing to the Minister under section 351 of the Act.

An agent or lawyer not experienced in these areas will not be able to help much.