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Separation, child & temp spouse visa

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Aliashere View Drop Down
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Joined: 23/June/2012
Location: Australia
Posts: 18
  Quote Aliashere Quote  Post ReplyReply Direct Link To This Post Topic: Separation, child & temp spouse visa
    Posted: 23/June/2012 at 11:44
My wife and I have been married 18 months, she is here on a temporary spouse visa, we have a child just under one year old. She has left the home and I believe the marriage is over as she will not attend counselling and has rented a unit.

The relationship broke down as I cant do anything right by her, she wont engage Australian culture and stays within her community. She also belittles my other children & with some time apart I've come to the realisation I don't want to go back to what was an emotional nightmare of a marriage.

She will say I abuse her verbally and control the money. Any verbal is nothing more than usual spouse bickering and records will show I don't control the money. She may even claim this as Domestic Violence as I've heard this can be used to help gain residency.

I have excellent family support and can look after and raise our child. I am reticent to inform immigration of our separation as I believe every child needs their mum however I am obliged to inform them. What happens when I do? Will she be eligible for another type of Visa due to the child? If she loses her visa will the child (Aussie citizen) have to return to her native country? Does claiming domestic violence have an effect on what immigration do?

Thank you

MartinO View Drop Down
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Joined: 02/March/2009
Location: Australia
Posts: 13999
  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 23/June/2012 at 16:40
Immigration have granted a visa to sponsored partners who left the marriage before a permanent visa is granted especially when domestic violence is alleged. However each case is unique, if she is no longer living with you and the requirements of your sponsorship are that you report this, you shouls report to immigration that the marriage appears to have broken down and that she has left the matromonial home.

Then stay out of it. What happens after that is up to immigration and her, it does not require any further input from you.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

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