Satara Posted June 17, 2014 Share Posted June 17, 2014 I need your help and advice. My spouse applied as the primary applicant for SN Subclass 190 in Western Australia last February 2013. I am his secondary applicant and my son (from previous marriage) is the dependent. We got married last year, June 2013 immediately so we can travel together in Perth as a new family. We received our Visa Grant in September 2013 and planned to make our first entry by August 2014. Unfortunately 4 months after the wedding, my spouse had shown some signs of instability which has caused severe marital damage in our relationship and my miscarriage. We tried to fix the marriage but he still have recurring unstable decisions in mind which always leaves me and my son like walking on a tight rope. So my big dilemma, time is running out and he kept us hanging-- There was a time he wanted to withdraw my visa, and then he wanted me and my son back, and then last month he decided that we'll travel separately and now he changed his unstable decision again and thought of cancelling my visa and my son's. I already expressed my resignation in my current post and my son's schooling has been affected. I don't want to get embarrassed should I still travel with the thought that my spouse really cancelled our visa and we'll get a hold departure order or send us back when we land in Australia. I just want to ask if you can help me of these following queries: 1. Can the Primary Applicant withdraw or cancel our visa immediately? 2. How will he request to cancel it? 3. Does it needs my signature or agreement? How would I know if it was cancelled? 4. If the Embassy responded to his request, how long will it be processed? 5. Can my son and I still dispute and how? 6. I already bought a ticket for me and my son. Should we land in Australian soil, can he still revoke or withdraw our Visa? I hope you can help me in this delicate state. I'd greatly appreciate all your help and info. Thanks Link to comment Share on other sites More sharing options...
Londongal76 Posted June 17, 2014 Share Posted June 17, 2014 I'd contact a Mara registered agent if I were you, and be very sure of what you're walking into before you go. Don't get caught in a strange country in an horrific relationship situation with no money, and no escape. Sounds like a lot of emotional blackmail going on. Link to comment Share on other sites More sharing options...
lebourvellec Posted June 17, 2014 Share Posted June 17, 2014 Welcome to PIO sound like you are in a horrible situation. As the visa has been granted only DIBP can cancel a visa. Once the visas have been validated they can not be cancelled, and unlikely to cancel a visa which has not been validated, due to these circumstances. He could inform DIBP regarding your situation be it would not be likely that they would cancel them due to the fact that your relationship from what you say is not over. Get advice from a registered migration agent. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted June 17, 2014 Share Posted June 17, 2014 You and your son have your own visas, so he can't cancel them unless he were to try to tell DIBP that it was applied for under fraudulent circumstances. It's not like a partner visa where you need to demonstrate the relationship is ongoing. So as long as you and your son validate the visas by the initial entry date, you will retain your PR status. It may be worth it to make that initial trip with the tickets you've purchased already (to validate the visas) and then returning to your home country until you're able to resolve your marriage one way or another. Link to comment Share on other sites More sharing options...
TeeTMI Posted June 17, 2014 Share Posted June 17, 2014 If your permanent residence visa has already been granted it is not in your husbands power to make a decision to cancel it or not. If you wish to check your visas status you might check VEVO. Link to comment Share on other sites More sharing options...
wrussell Posted June 17, 2014 Share Posted June 17, 2014 1. Can the Primary Applicant withdraw or cancel our visa immediately? Not immediately, or at all. 2. How will he request to cancel it? Cannot be done. 3. Does it needs my signature or agreement? Not applicable How would I know if it was cancelled? It will not be cancelled 4. If the Embassy responded to his request, how long will it be processed? It will not be processed. 5. Can my son and I still dispute and how? No need to. 6. I already bought a ticket for me and my son. Should we land in Australian soil, can he still revoke or withdraw our Visa? No. From what you have posted, the only way you might face a problem with the DIBP is if false or misleading information was submitted with your application. The only person who can cancel your visa is the minister and this will not happen unless you breach your visa conditions. Whether to come to Australia is a matter for you to decide, but you will not face any immigration issues if you do. Link to comment Share on other sites More sharing options...
Satara Posted June 20, 2014 Author Share Posted June 20, 2014 Thank you all for the information you provided me. I am somehow relieved. SO far we are still under "married" status and he has not yet come to a decision to have me a sign an amicable settlement since it'll take a year or two for an annulment. Currently, he is really blackmailing me and even squeezing me to give him a certain amount of money (which is so pathetic) for his pocketmoney in exchange of not messing our visas and allow me and my son to fly to Oz independently. I've been really traumatized with my current situation and I am thankful for all of your kind thoughts on this. Just in case, I can successfully get there with my son, who or where can I seek help for a temporary transient? I am a Filipino and I don't have any relatives nor immediate friends I've known in Perth. If you can help me, My 14 yr old son and I would greatly appreciate it. Thank you Link to comment Share on other sites More sharing options...
Quoll Posted June 20, 2014 Share Posted June 20, 2014 Is this one of those visas where the primary has to enter at same time or before the dependents? Link to comment Share on other sites More sharing options...
Satara Posted June 20, 2014 Author Share Posted June 20, 2014 My immigration agent told me that it has to be the primary who has to go first or we can go together. But I read through other forums that should I have an indicated Travel condition on my Visa Notice with NIL, it says that a secondary applicant can go ahead before the Primary. I hope that is correct Link to comment Share on other sites More sharing options...
MaggieMay24 Posted June 20, 2014 Share Posted June 20, 2014 If your immigration agent is MARA registered, I'd take their advice over what you may read on a forum. Link to comment Share on other sites More sharing options...
lebourvellec Posted June 20, 2014 Share Posted June 20, 2014 You will have the 8502 condition attached to your visas if the primary applicant must enter Australia first. Link to comment Share on other sites More sharing options...
wrussell Posted June 21, 2014 Share Posted June 21, 2014 My immigration agent told me that it has to be the primary who has to go first or we can go together. But I read through other forums that should I have an indicated Travel condition on my Visa Notice with NIL, it says that a secondary applicant can go ahead before the Primary. I hope that is correct If you email a scan of your visa grant letter to visa@pinoyau.com I will have a look at it. Link to comment Share on other sites More sharing options...
Satara Posted June 21, 2014 Author Share Posted June 21, 2014 There's no 8502 condition on my Visa Grant Letter. I will email scan the visa grant letter this Monday, Thanks a lot Westly :smile: Link to comment Share on other sites More sharing options...
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