taylor20ro Posted November 29, 2012 Share Posted November 29, 2012 Hi guys, I was granted 176 Visa in January 2011; I was primary applicant, husband - was granted visa as family member. We booked flights to travel to Australia for visa validation in October 2011. Unfortunately the marriage broke down and we got divorced in June 2011. Divorce was straightforward as we did not have children or significant common assets. We did not inform DIAC about the change in circumstance and both me and my ex-husband traveled to Australia and validated our visas. Now husband has re-married and has moved to Australia and wants to bring new wife there. I'm still in the UK and not sure whether will move to Australia soon due to family circumstances. I made enquirers and it appears that under S109 DIAC can cancel our visas because of failure to inform them of change of circumstances prior to validating visa. Is any way I can sort this out without risking to lose my visa? I'm aware I made a mistake in not informing DIAC at the right time; did not want to spoil my ex-husband's dream of living there, but now realize that I am risking losing my visa too. Many thanks for your advice! Link to comment Share on other sites More sharing options...
Rupert Posted November 29, 2012 Share Posted November 29, 2012 As far as I can tell, yes you should have told immigration of the change in circumstances. I don't know what would have happened, but I would speculate that him having his visa cancelled would have been a possibility (otherwise why would they want to know about change in circumstances post visa grant). When did you split up and when did you both activate your visas? Link to comment Share on other sites More sharing options...
taylor20ro Posted November 29, 2012 Author Share Posted November 29, 2012 We split up in June 2011 and had our visas validated end of October 2011. As far as I can tell, yes you should have told immigration of the change in circumstances. I don't know what would have happened, but I would speculate that him having his visa cancelled would have been a possibility (otherwise why would they want to know about change in circumstances post visa grant). When did you split up and when did you both activate your visas? Link to comment Share on other sites More sharing options...
Parley Posted November 29, 2012 Share Posted November 29, 2012 So you were still together married in January 2011 and divorce finalised by June 2011. It sounds very fishy. Doesn't divorce take at least 6 months to finalise ? I would imagine immigration people will be very suspicious. Link to comment Share on other sites More sharing options...
lebourvellec Posted November 29, 2012 Share Posted November 29, 2012 As soon as he puts in a Partner visa - he will have to provide all the information DIAC need to cancel the visas, as in divorce certificate and new marriage certificate - this will be investigated. Dont under estimate DIAC, they keep records of everything, they have cancelled PR visa that have been years old because of false information. THe other day a member on the forum had his PR visa cancelled as his IELTS center updated his result due to problems with the examiners and visa was cancelled and he had to depart Australia. You said you got divorced in June, so was you relationship still genuine and continuing when you had visa granted? Soulds unlikely. It says clearly on your grant letter regarding change of circumstances. You both have major issues - the main one is that he wants to sponsor a partner, because DIAC will become aware of everything. You need professional advice. Link to comment Share on other sites More sharing options...
taylor20ro Posted November 29, 2012 Author Share Posted November 29, 2012 We were married for seven years; the time the application was made our relationship was genuine and we were trying to work on the relationship, however it did not work and I decided we could not make the move to Australia together. The timing was very wrong and all happened before I could undertake my validation trip. Life is unpredictable and things don't always happen as planned. I hope I can get some constructive advice from this forum and not be judged or my integrity questioned as it is not the case. Link to comment Share on other sites More sharing options...
Petals Posted November 29, 2012 Share Posted November 29, 2012 We were married for seven years; the time the application was made our relationship was genuine and we were trying to work on the relationship, however it did not work and I decided we could not make the move to Australia together. The timing was very wrong and all happened before I could undertake my validation trip. Life is unpredictable and things don't always happen as planned. I hope I can get some constructive advice from this forum and not be judged or my integrity questioned as it is not the case. Unfortunately its not this forum that you need to worry about and the posts are meant to help you and not hurt you, they are the facts of how the Immigration people are going to look at it. In this country you have to be separated for 12 months before divorce so if they look at that your timings are a little different. As people have suggested getting advice from a qualified person is the way to go. Sorry that this has happened to you but maybe your post will help others to avoid such a problem. Good luck Link to comment Share on other sites More sharing options...
Rupert Posted November 29, 2012 Share Posted November 29, 2012 We were married for seven years; the time the application was made our relationship was genuine and we were trying to work on the relationship, however it did not work and I decided we could not make the move to Australia together. The timing was very wrong and all happened before I could undertake my validation trip. Life is unpredictable and things don't always happen as planned. I hope I can get some constructive advice from this forum and not be judged or my integrity questioned as it is not the case. What has not been constructive about the responses you have received. Who has "judged" or questioned your integrity. Presumably you would rather everyone had just pretended that you did not have a serious problem here? Link to comment Share on other sites More sharing options...
lebourvellec Posted November 29, 2012 Share Posted November 29, 2012 We were married for seven years; the time the application was made our relationship was genuine and we were trying to work on the relationship, however it did not work and I decided we could not make the move to Australia together. The timing was very wrong and all happened before I could undertake my validation trip. Life is unpredictable and things don't always happen as planned. I hope I can get some constructive advice from this forum and not be judged or my integrity questioned as it is not the case. We are not trying to judge you but the facts are - that you were divorced when you validated the visas, with your ex. DIAC are interested in if the relationship was genuine and continuing at time of grant, not application. It says clearly in your grant letter regarding change of circumstances. You partner was granted PR as the basis he was you husband, by the time you validated your visas, you were divorced, and 2 months later he is already married to someone else. Your ex-husband wants to sponsor his new partner, DIAC will find out what has happened - this is your problem. If it wasn't for this, you might not have any issues. Link to comment Share on other sites More sharing options...
taylor20ro Posted November 30, 2012 Author Share Posted November 30, 2012 Unfortunately its not this forum that you need to worry about and the posts are meant to help you and not hurt you, they are the facts of how the Immigration people are going to look at it. In this country you have to be separated for 12 months before divorce so if they look at that your timings are a little different. As people have suggested getting advice from a qualified person is the way to go. Sorry that this has happened to you but maybe your post will help others to avoid such a problem. Good luck I divorced in my country of origin where the law is different- if there are no children involved or common assets you can get a divorce at the public notary within one month. I hope this clarifies some of your inquiries. The visa was granted in January 2011 and soon after we booked our flights to Australia for October 2011. At the time the visa was granted we were still in a genuine relationship hence we planned and booked our trip together. Things have started to fall apart in March 2011 and I decided to end the marriage. We started the divorce process in May 2011 and in June 2011 the divorce was granted. My ex-husband has remarried after a year and a half after our divorce not after two months as it was mentioned in one of the posts! Link to comment Share on other sites More sharing options...
Warm but mild Posted November 30, 2012 Share Posted November 30, 2012 I divorced in my country of origin where the law is different- if there are no children involved or common assets you can get a divorce at the public notary within one month. I hope this clarifies some of your inquiries. The visa was granted in January 2011 and soon after we booked our flights to Australia for October 2011. At the time the visa was granted we were still in a genuine relationship hence we planned and booked our trip together. Things have started to fall apart in March 2011 and I decided to end the marriage. We started the divorce process in May 2011 and in June 2011 the divorce was granted. My ex-husband has remarried after a year and a half after our divorce not after two months as it was mentioned in one of the posts! I guess the point is that you validated your visas after the divorce was granted. Link to comment Share on other sites More sharing options...
blossom Posted November 30, 2012 Share Posted November 30, 2012 You really need professional help. As others have said, you are a bit stuffed. Most of us agree that they will want to cancel both of your visas. Maybe not so important for you, but your ex has already moved to oz! You are going to have to spend some cash 'trying' to sort this out, but be prepared for the worst. I can recommend George Lombard for a good agent. Good luck. Link to comment Share on other sites More sharing options...
taylor20ro Posted December 1, 2012 Author Share Posted December 1, 2012 You really need professional help. As others have said, you are a bit stuffed. Most of us agree that they will want to cancel both of your visas. Maybe not so important for you, but your ex has already moved to oz! You are going to have to spend some cash 'trying' to sort this out, but be prepared for the worst. I can recommend George Lombard for a good agent. Good luck. Thanks for the advice! I'm already in process of seeking professional advice! Link to comment Share on other sites More sharing options...
Guest Posted December 1, 2012 Share Posted December 1, 2012 I think professional advice is the best route. Hopefully it will have some good news at the end of it for you and you'll keep your visa, but don't get too hopeful. What others have said about your ex husband, I agree, chances are his visa will be cancelled and he'll have to leave Aus. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.