Marriage breakup and returning to Uk
Jul 8th 2007, 12:12 am
#31
Retired
Joined: Apr 2004
Posts: 34,649
Re: Marriage breakup and returning to Uk
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.
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.
Jul 8th 2007, 12:15 am
#32
Retired
Joined: Apr 2004
Posts: 34,649
Re: Marriage breakup and returning to Uk
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.
Do not rely on DIAC knowing the law or even being helpful.
Jul 8th 2007, 12:30 am
#33
ex-squaddie
Joined: Jan 2007
Location: Aylesbury, UK
Posts: 4,605
Re: Marriage breakup and returning to Uk
Sorry to hear of your difficult circumstances.
On NO ACCOUNT leave. Unless of course, you or your daughter are in immediate physical danger. And I do appreciate that its easy for me to say that.
DO NOT believe him to be the nice guy he once was. You're being treated like sh1t and so is your daughter. Making your life so difficult and denying you basic 'female' needs is abhorrent. Personally, I'd like to knock his lights out for that alone!
The very best of luck to you and your daughter.
xx
On NO ACCOUNT leave. Unless of course, you or your daughter are in immediate physical danger. And I do appreciate that its easy for me to say that.
DO NOT believe him to be the nice guy he once was. You're being treated like sh1t and so is your daughter. Making your life so difficult and denying you basic 'female' needs is abhorrent. Personally, I'd like to knock his lights out for that alone!
The very best of luck to you and your daughter.
xx
Jul 8th 2007, 8:34 am
#34
Jedi Princess
Joined: Jun 2006
Location: Melbourne,Australia
Posts: 2,089
Re: Marriage breakup and returning to Uk
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.
An agent or lawyer not experienced in these areas will not be able to help much.
Of course, my english skills may be worn or it could to some seem ambiguous, but it seemed pretty clear to me.
Last edited by kiwi_child; Jul 8th 2007 at 8:36 am.
Jul 8th 2007, 8:44 am
#35
Jedi Princess
Joined: Jun 2006
Location: Melbourne,Australia
Posts: 2,089
Re: Marriage breakup and returning to Uk
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.
Jul 8th 2007, 8:44 am
#36
Reg. Migration Agent
Joined: Jan 2003
Location: Inner Western suburbs of Sydney
Posts: 4,483
Re: Marriage breakup and returning to Uk
Sorry to hear of your difficult circumstances.
On NO ACCOUNT leave. Unless of course, you or your daughter are in immediate physical danger. And I do appreciate that its easy for me to say that.
DO NOT believe him to be the nice guy he once was. You're being treated like sh1t and so is your daughter. Making your life so difficult and denying you basic 'female' needs is abhorrent. Personally, I'd like to knock his lights out for that alone!
The very best of luck to you and your daughter.
xx
On NO ACCOUNT leave. Unless of course, you or your daughter are in immediate physical danger. And I do appreciate that its easy for me to say that.
DO NOT believe him to be the nice guy he once was. You're being treated like sh1t and so is your daughter. Making your life so difficult and denying you basic 'female' needs is abhorrent. Personally, I'd like to knock his lights out for that alone!
The very best of luck to you and your daughter.
xx
You're in a very vulnerable situation and although you've already had mountains of advice, I think that you ought to make contact with the following:
RAILS - community immigration advice service in Queensland - see http://www.rails.org.au/ .
A good women's refuge with experience in migration issues - wouldn't be hard to find, since we have at least one pro bono DV case on the books at any one time and I understand that generally most refuges would have a number of trusted agents they'd deal with. The one we work with mostly won't let men on the premises or advise their location to DIAC, which is a bit tricky sometimes. You might not want to go there yet but you do need to know where you'll go if things get difficult.
Finally, if you or your daughter have experienced any violence or threatened violence at the hands of this man, it needs to be carefully documented.
Cheers,
George Lombard
Jul 8th 2007, 8:50 am
#37
Reg. Migration Agent
Joined: Jan 2003
Location: Inner Western suburbs of Sydney
Posts: 4,483
Re: Marriage breakup and returning to Uk
The OP came on a prospective visa (class 300) which gave her 9 months to enter OZ and marry, and apply for the spouse visa. The DIMIA website (in particular the notice of change in circumstances form 1022) states that she is obliged to inform DIMIA ONLY IF she has not received her visa. In other words if it is still being processed or an application for it has not been made. This site also indicates that once the spouse visa has been granted, PR status has at such time been conferred.
Of course, my english skills may be worn or it could to some seem ambiguous, but it seemed pretty clear to me.
Of course, my english skills may be worn or it could to some seem ambiguous, but it seemed pretty clear to me.
Actually the obligation to inform DIAC arises out of the fact that when you apply for a provisional spouse visa you also apply for the permanent visa - it's the permanent application which is the problem.
And what you've posted is excellent research but this stuff is really incredibly complex, even when it ought to be simple. Imagine trying to explain all of this to a mail order bride with no English and no education and bruises all over her body.
Cheers,
George Lombard
Jul 8th 2007, 9:22 am
#38
Jedi Princess
Joined: Jun 2006
Location: Melbourne,Australia
Posts: 2,089
Re: Marriage breakup and returning to Uk
Dear KW,
Actually the obligation to inform DIAC arises out of the fact that when you apply for a provisional spouse visa you also apply for the permanent visa - it's the permanent application which is the problem.
And what you've posted is excellent research but this stuff is really incredibly complex, even when it ought to be simple. Imagine trying to explain all of this to a mail order bride with no English and no education and bruises all over her body.
Cheers,
George Lombard
Actually the obligation to inform DIAC arises out of the fact that when you apply for a provisional spouse visa you also apply for the permanent visa - it's the permanent application which is the problem.
And what you've posted is excellent research but this stuff is really incredibly complex, even when it ought to be simple. Imagine trying to explain all of this to a mail order bride with no English and no education and bruises all over her body.
Cheers,
George Lombard
Lucky BE (and the OP of course) have someone with your background and training taking an interest in these matters.
Jul 8th 2007, 11:28 am
#39
Migration Agent
Joined: May 2002
Location: Offices in Melbourne, Brisbane, Perth, Geelong (Australia), and Southampton (UK)
Posts: 6,459
Re: Marriage breakup and returning to Uk
The OP came on a prospective visa (class 300) which gave her 9 months to enter OZ and marry, and apply for the spouse visa. The DIMIA website (in particular the notice of change in circumstances form 1022) states that she is obliged to inform DIMIA ONLY IF she has not received her visa. In other words if it is still being processed or an application for it has not been made. This site also indicates that once the spouse visa has been granted, PR status has at such time been conferred.
Of course, my english skills may be worn or it could to some seem ambiguous, but it seemed pretty clear to me.
Of course, my english skills may be worn or it could to some seem ambiguous, but it seemed pretty clear to me.
Best regards.
Jul 8th 2007, 11:29 am
#40
Forum Regular
Joined: Jul 2007
Location: Spain then Massachusetts USA
Posts: 211
Jul 8th 2007, 12:37 pm
#41
Jedi Princess
Joined: Jun 2006
Location: Melbourne,Australia
Posts: 2,089
Jul 10th 2007, 3:22 am
#42
Just Joined
Thread Starter
Joined: Jul 2007
Posts: 11
Re: Marriage breakup and returning to Uk
Thanks to everyone for your messages and info. It's given me a real boost of energy when I most needed it, and helped me clear my head and focus on what I've needed to do, so thank you all.
Getting out of the situation my daughter and I were living in was the top priority and is soon to happen as he's moving out. I had a call inviting me to a job interview on Thursday morning too.
It's just a shame that this is all so complicated, moreso for non english speaking people..
George, thank you, you do a great job in helping people and I really appreciate your advice, as I do from everyone who's offered it. RAILS is one of the places I'm in touch with.
I'll keep you posted.
Hugs to you all, thank you.
Getting out of the situation my daughter and I were living in was the top priority and is soon to happen as he's moving out. I had a call inviting me to a job interview on Thursday morning too.
It's just a shame that this is all so complicated, moreso for non english speaking people..
George, thank you, you do a great job in helping people and I really appreciate your advice, as I do from everyone who's offered it. RAILS is one of the places I'm in touch with.
I'll keep you posted.
Hugs to you all, thank you.
Jul 10th 2007, 3:38 am
#43
SUPER MODERATOR
Joined: Dec 2005
Posts: 88,114
Re: Marriage breakup and returning to Uk
Thanks to everyone for your messages and info. It's given me a real boost of energy when I most needed it, and helped me clear my head and focus on what I've needed to do, so thank you all.
Getting out of the situation my daughter and I were living in was the top priority and is soon to happen as he's moving out. I had a call inviting me to a job interview on Thursday morning too.
It's just a shame that this is all so complicated, moreso for non english speaking people..
George, thank you, you do a great job in helping people and I really appreciate your advice, as I do from everyone who's offered it. RAILS is one of the places I'm in touch with.
I'll keep you posted.
Hugs to you all, thank you.
Getting out of the situation my daughter and I were living in was the top priority and is soon to happen as he's moving out. I had a call inviting me to a job interview on Thursday morning too.
It's just a shame that this is all so complicated, moreso for non english speaking people..
George, thank you, you do a great job in helping people and I really appreciate your advice, as I do from everyone who's offered it. RAILS is one of the places I'm in touch with.
I'll keep you posted.
Hugs to you all, thank you.
Jul 10th 2007, 9:39 pm
#44
BE Forum Addict
Joined: Dec 2005
Location: waikanae
Posts: 4,148
Re: Marriage breakup and returning to Uk
Thanks to everyone for your messages and info. It's given me a real boost of energy when I most needed it, and helped me clear my head and focus on what I've needed to do, so thank you all.
Getting out of the situation my daughter and I were living in was the top priority and is soon to happen as he's moving out. I had a call inviting me to a job interview on Thursday morning too.
It's just a shame that this is all so complicated, moreso for non english speaking people..
George, thank you, you do a great job in helping people and I really appreciate your advice, as I do from everyone who's offered it. RAILS is one of the places I'm in touch with.
I'll keep you posted.
Hugs to you all, thank you.
Getting out of the situation my daughter and I were living in was the top priority and is soon to happen as he's moving out. I had a call inviting me to a job interview on Thursday morning too.
It's just a shame that this is all so complicated, moreso for non english speaking people..
George, thank you, you do a great job in helping people and I really appreciate your advice, as I do from everyone who's offered it. RAILS is one of the places I'm in touch with.
I'll keep you posted.
Hugs to you all, thank you.
