Winni Posted August 1, 2013 Share Posted August 1, 2013 Hi everyone, I am in a difficult situation, I have been living in oz for the last 3 years on my husbands visa(457) with our 2 children, we separated 6 months ago, I have remained on his visa while living separately , but he is now talking of the fact that he is legally bound to let the visa people know that we are separated , I am now on a panic as to how I stay in the country if I cannot stay on his visa( I am not in full time employment myself)...... Also I have met someone new, who is Australian , but as I am still legally married , I cannot show a de facto relationship with my new partner. Hope someone can help :arghh: Link to comment Share on other sites More sharing options...
Joebloggs Posted August 1, 2013 Share Posted August 1, 2013 I think your husband is right, it's his obligation to inform DIAC that his circumstances have changed otherwise he could be in breach of his visa conditions and have his visa cancelled. Do you qualify for a visa in your own right? Link to comment Share on other sites More sharing options...
Rupert Posted August 1, 2013 Share Posted August 1, 2013 Your other post states that you have just returned to the UK? Link to comment Share on other sites More sharing options...
Winni Posted August 1, 2013 Author Share Posted August 1, 2013 Your other post states that you have just returned to the UK? Yes I have, to see family after a difficult time, but hoping to have an option of going back, hence the post Link to comment Share on other sites More sharing options...
Gareth 666 Posted August 1, 2013 Share Posted August 1, 2013 I may well be wrong on this but. With my 190 visa I am the main applicant but the rest of my family have their own visas that gives them the rights to residency etc and which is also why they have to validate their visas within a year and I can't just go on my own to do it. Your kids are still your ex's kids so their rights to reside shouldn't alter? Like I say I could be wrong and I'm no expert but if you have your own visa then surely you have the right to stay? Link to comment Share on other sites More sharing options...
CollegeGirl Posted August 1, 2013 Share Posted August 1, 2013 Not only is your husband correct about that, he was legally obligated to inform them within 28 days of your relationship breaking down (as were you), so you are both already way delinquent on that. Unfortunately, you're right - on a 457, you will have to leave the country right away. You are only legally in Australia based on your relationship with your husband - so once that's gone, there's nothing that allows you to legally remain in Australia. I think it would be really ill-advised to try to count the time you've already spent with your new partner as time in a defacto relationship, because DIAC will see that you and your husband didn't report the end of your relationship until way late. You would need 12 months of living together (or some time living together plus relationship registration) in order to qualify for defacto anyway. I'd suggest a consult with a migration agent just to see if you have any other options, but I don't see any options for you remaining in Australia. If you can get back into Oz on a skilled/work visa of your own, or on a WHV (if you don't have kids and you're young enough), you could build up time together in your defacto and then apply before your other visa ran out. But otherwise, your new partner would have to come live with you in order for you to build evidence as a defacto couple. gbuss - What you say is true for people with permanent visas. The 457 is not a permanent visa. Link to comment Share on other sites More sharing options...
Gareth 666 Posted August 2, 2013 Share Posted August 2, 2013 Ah, missed the 457 bit. I was right about the fact I could've been wrong though!! Lol Link to comment Share on other sites More sharing options...
Freesia Posted August 2, 2013 Share Posted August 2, 2013 Not only is your husband correct about that, he was legally obligated to inform them within 28 days of your relationship breaking down, so he's already way delinquent on that. Unfortunately, you're right - on a 457, you will have to leave the country right away. You are only legally in Australia based on your relationship with your husband - so once that's gone, there's nothing that allows you to legally remain in Australia. I think it would be really ill-advised to try to count the time you've already spent with your new partner as time in a defacto relationship, because DIAC will see that you and your husband didn't report the end of your relationship until way late. You would need 12 months of living together (or some time living together plus relationship registration) in order to qualify for defacto anyway. I'd suggest a consult with a migration agent just to see if you have any other options, but I don't see any options for you remaining in Australia. If you can get back into Oz on a skilled/work visa of your own, or on a WHV (if you don't have kids and you're young enough), you could build up time together in your defacto and then apply before your other visa ran out. But otherwise, your new partner would have to come live with you in order for you to build evidence as a defacto couple. gbuss - What you say is true for people with permanent visas. The 457 is not a permanent visa. re the WHV option...She did say she's got 2 children so it would not apply Link to comment Share on other sites More sharing options...
Rupert Posted August 2, 2013 Share Posted August 2, 2013 Yes I have, to see family after a difficult time, but hoping to have an option of going back, hence the post Well you cannot go back on the 457, you both had an obligation to report this to DIAC, not just him. The sooner you cancel it the sooner you can start clocking up time for a partner visa (assuming you are living with partner). Certainly do not overlap as that will highlight the breach of visa conditions. The partner visa could be a long path, do you qualify for skilled migration. Link to comment Share on other sites More sharing options...
CollegeGirl Posted August 3, 2013 Share Posted August 3, 2013 I thought she'd said that, Freesia, but didn't see it when I looked again. Thanks. This is just additional evidence of the importance of coffee in my life, haha. Link to comment Share on other sites More sharing options...
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