Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200
   

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:

ACT  NSW  NT  QLD  SA  TAS  VIC  WA  

AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

spouse visa to defacto visa

 Post Reply Post Reply
Author
  Topic Search Topic Search  Topic Options Topic Options
abandoned View Drop Down
Newbie
Newbie


Joined: 07/March/2010
Location: Australia
Posts: 2
  Quote abandoned Quote  Post ReplyReply Direct Link To This Post Topic: spouse visa to defacto visa
    Posted: 07/March/2010 at 17:36
My wife is currently on a spouse visa. She has left me and wants a divorce. I want her back and want to work things out. I am obligated to report to immigration that the relationship has ended as she has moved out and is with someone else now. She will be issued a bridging visa. She will then apply for a student visa. She believes that if she can spend 12 months in the country living with this new guy on her student visa, she will then be able to get a defacto visa. She really wants to get her PR but is unwilling to remain in the relationship with me. Is it possible to get a defacto visa in this manner? I understand that I am unable to sponsor a second person within a period of 5 years. Is it possible for someone to skip from sponsor to sponsor in order to attain PR?

MartinO View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 02/March/2009
Location: Australia
Posts: 13999
  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 07/March/2010 at 22:32
Check the conditions that you signed when you sponsored her, if you are obliged to report that she has left you, perhaps you should do this. If you are not, perhaps you should do nothing, she has gone, you cannot make anyone love 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.

bellsalute View Drop Down
Groupie
Groupie


Joined: 06/March/2010
Location: Australia
Posts: 40
  Quote bellsalute Quote  Post ReplyReply Direct Link To This Post Posted: 08/March/2010 at 04:45
i had married/sponsored uk woman and we split after 5 months and i had to inform them and withdraw my sponsorship.she ended up getting visa to stay here in her own right and i was aware only way she get 1 was domestic violence order.i asked her coz we got back together if what she did and assured me she didnt but never said how she got but it was difficult..as i learnt now id did report me for domestic violence she needs no proof or police involvement im just assumed guilty so she egts to stay.and you are not contacted at all so i could have slur on name with immigration and not know as they tell you nothing once withdrawn sponsorship you are out of picture for good..unreal.

abandoned View Drop Down
Newbie
Newbie


Joined: 07/March/2010
Location: Australia
Posts: 2
  Quote abandoned Quote  Post ReplyReply Direct Link To This Post Posted: 08/March/2010 at 11:30
She has told me she will accuse me of DV if I withdraw my sponsorship.

Lionheart View Drop Down
Groupie
Groupie


Joined: 21/December/2006
Location: Australia
Posts: 1180
  Quote Lionheart Quote  Post ReplyReply Direct Link To This Post Posted: 08/March/2010 at 13:25
Gawd thats awful
Lionheart

MartinO View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 02/March/2009
Location: Australia
Posts: 13999
  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 08/March/2010 at 13:53
If she cannot justify the complaint, you could always let her know that should she complain you would be happy to help provide the grounds.

Just joking, don't do it!
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.

jaazzz View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 19/September/2009
Location: Australia
Posts: 6498
  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 08/March/2010 at 15:07
Originally posted by bellsalute

i had married/sponsored uk woman and we split after 5 months and i had to inform them and withdraw my sponsorship.she ended up getting visa to stay here in her own right and i was aware only way she get 1 was domestic violence order.i asked her coz we got back together if what she did and assured me she didnt but never said how she got but it was difficult..as i learnt now id did report me for domestic violence she needs no proof or police involvement im just assumed guilty so she egts to stay.and you are not contacted at all so i could have slur on name with immigration and not know as they tell you nothing once withdrawn sponsorship you are out of picture for good..unreal.



   DV is probably one of the most, if not THE most misused & abused sections of our legal system.

For the information of anybody reading this thread who feels they may have been falsely accused .....

QUOTE [ Family violence provisions

Australia’s Migration Program enables people (generally those who are in Australia on Provisional Partner visas) to apply to remain in Australia if a partner relationship breaks down due to family violence. The family violence provisions were introduced in response to community concerns that some partners might feel compelled to remain in abusive relationships rather than end the relationship and be required to leave Australia. On 15 October 2007, the migration regulations were amended to reflect amendments to the Family Law Act 1975. These amendments included updating the term and definition of ‘domestic violence’ to ‘family violence’.

Legislation introduced in July 2005 allows the department to refer doubtful claims of family violence to an independent expert with extensive expertise in family violence matters to ensure that only genuine claimants access the provisions. The opinion of the independent expert (currently gazetted as Centrelink) is binding on the immigration decision maker. These changes were developed in consultation with the Office for Women and the Partnerships Against Domestic Violence Task Force. ] UNQUOTE

The above quote from DEPT OF IMMI ANNUAL REPORT


swoosh View Drop Down
Newbie
Newbie


Joined: 07/March/2010
Location: Australia
Posts: 3
  Quote swoosh Quote  Post ReplyReply Direct Link To This Post Posted: 08/March/2010 at 15:21
If i was in your position, i would go straight to the police and tell them what is happening and make sure they/you have record of this. Also you can try video/recording her blackmailing you.

lizzie View Drop Down
Newbie
Newbie
Avatar

Joined: 13/March/2010
Location: Australia
Posts: 29
  Quote lizzie Quote  Post ReplyReply Direct Link To This Post Posted: 13/March/2010 at 21:27
I had an experience with a solicitor in Melbourne, that advised me to use a DV just in case my marriage with my aussie husband wouldn't work out. I was so shocked, as it never even occured to me that my husband would even lift a finger to hurt me physically nor verbally. I was just consulting him about requirements and process of spousal visa and he told me that. Ofcourse i have to tell my husband, and he was not just shock but angry as well, esp it was his friend that recommended the said solicitor.

jaazzz View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 19/September/2009
Location: Australia
Posts: 6498
  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 14/March/2010 at 00:12
Originally posted by lizzie

I had an experience with a solicitor in Melbourne, that advised me to use a DV just in case my marriage with my aussie husband wouldn't work out. I was so shocked, as it never even occured to me that my husband would even lift a finger to hurt me physically nor verbally. I was just consulting him about requirements and process of spousal visa and he told me that. Ofcourse i have to tell my husband, and he was not just shock but angry as well, esp it was his friend that recommended the said solicitor.



   He should be reported to the law council in your state. Not only is it unethical & false, but he is putting you, his client at risk of being found guilty of swearing to a known false affidavit.

A prime example of how DV laws are abused

Edited by jaazzz - 14/March/2010 at 00:14

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.