okramania Posted March 8, 2015 Share Posted March 8, 2015 Hi, I have complicated situation and hope someone can advise me in here. I came to Australia with Student Visa at 2010. I met with a nice lady on the Feb11 and we married at 2012. I applied to Marriage/Spouse Visa at 12/2013. On the December 2014 we had argue with my wife at home. She attacked me with coffee table, tv stand speaker and damaged my properties. My next door called the Police and they attended to our house. Next door was witness and we explained what happened on the incident evening. Police Officers asked me that "would you like to give a statement ?" I said no because her children was with us and i do not wanted to arrest my wife front of her children. My wife moved from house and 2 days later police arrived home with a letter. I've received AVO letter from officers. Police made an application to against my wife. On the beginning of March, AVO was accepted by court and she can not come to my house, harras, etc.. My ex-wife made private civil application (Not by police) to the court against me. She noted "I have fears against my exhusband, He might be very angry because of his visa situation. " Her statement was with full of false informations like i killed someone in back home and i have criminal history in Australia. I proved to the court with evidences that i did nothing wrong against her and never been in criminal events in my life. Magistrate decided to give AVO against me in few minutes with no admissions. We both have AVO against each other. My marriage ended up with her attack and i also have MRI results, Medical Certificates because of minor damages on my body. I also informed to IMMI about incident and filled up 1022 Form ( Change of Circumstances) and they never replied to me till 10th of Febuary. She noticed them and reported as breakdown in relationship. I also had email from IMMI and they gave 35 days to explain why marriage ended. I went few agents and immigration lawyers. I haven't figured out yet what should i do and i do have concerns about my future in Australia. I own my business and i build great company for the future. Can anyone help me about my situation please ? Regards okramania Quote Link to comment Share on other sites More sharing options...
Nemesis Posted March 8, 2015 Share Posted March 8, 2015 Hi, I have complicated situation and hope someone can advise me in here. I came to Australia with Student Visa at 2010. I met with a nice lady on the Feb11 and we married at 2012. I applied to Marriage/Spouse Visa at 12/2013. On the December 2014 we had argue with my wife at home. She attacked me with coffee table, tv stand speaker and damaged my properties. My next door called the Police and they attended to our house. Next door was witness and we explained what happened on the incident evening. Police Officers asked me that "would you like to give a statement ?" I said no because her children was with us and i do not wanted to arrest my wife front of her children. My wife moved from house and 2 days later police arrived home with a letter. I've received AVO letter from officers. Police made an application to against my wife. On the beginning of March, AVO was accepted by court and she can not come to my house, harras, etc.. My ex-wife made private civil application (Not by police) to the court against me. She noted "I have fears against my exhusband, He might be very angry because of his visa situation. " Her statement was with full of false informations like i killed someone in back home and i have criminal history in Australia. I proved to the court with evidences that i did nothing wrong against her and never been in criminal events in my life. Magistrate decided to give AVO against me in few minutes with no admissions. We both have AVO against each other. My marriage ended up with her attack and i also have MRI results, Medical Certificates because of minor damages on my body. I also informed to IMMI about incident and filled up 1022 Form ( Change of Circumstances) and they never replied to me till 10th of Febuary. She noticed them and reported as breakdown in relationship. I also had email from IMMI and they gave 35 days to explain why marriage ended. I went few agents and immigration lawyers. I haven't figured out yet what should i do and i do have concerns about my future in Australia. I own my business and i build great company for the future. Can anyone help me about my situation please ? Regards okramania If you are the victim of domestic violence whist on a temporary spouse visa then you can still get permanent residency in some cases. However I won't advise trying it without the assistance of a good registered agent - especially as it sounds like rather a complex casse. Quote Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted March 8, 2015 Share Posted March 8, 2015 So what visa do you have at the moment? In the heading you say PR, if you have PR then you have a visa in your own right and are safe. Quote Link to comment Share on other sites More sharing options...
okramania Posted March 8, 2015 Author Share Posted March 8, 2015 So what visa do you have at the moment? In the heading you say PR, if you have PR then you have a visa in your own right and are safe. Thanks for replies. I have Bridging Visa at the moment. I need explain to DIAC in 35 days. Quote Link to comment Share on other sites More sharing options...
engaus Posted March 8, 2015 Share Posted March 8, 2015 So you havnt even been granted your temporary partner visa yet? Speak to an agent. If you had the temp partner visa things would be slightly less complicated but if you don't have that it gets even more complicated. Quote Link to comment Share on other sites More sharing options...
Quinkla Posted March 8, 2015 Share Posted March 8, 2015 (edited) If I am reading your post correctly, you have not yet been granted even the temporary spouse visa - your application for one is still being processed. I understood that the discretion to waive the two year requirement for the permanent partner visa applied only if the temporary partner visa had already been granted. This is definitely a case for a migration agent or a migration lawyer, not a forum of amateurs. On edit - sorry Engaus - cross posted. Edited March 8, 2015 by Quinkla Quote Link to comment Share on other sites More sharing options...
okramania Posted March 8, 2015 Author Share Posted March 8, 2015 (edited) So you havnt even been granted your temporary partner visa yet? Speak to an agent. If you had the temp partner visa things would be slightly less complicated but if you don't have that it gets even more complicated. If I am reading your post correctly, you have not yet been granted even the temporary spouse visa - your application for one is still being processed. I understood that the discretion to waive the two year requirement for the permanent partner visa applied only if the temporary partner visa had already been granted. This is definitely a case for a migration agent or a migration lawyer, not a forum of amateurs. On edit - sorry Engaus - cross posted. I've received an email from immigration saying that your visa is going to further processed on the 14th of Nov 2014. Incident ( Domestic Violence) happened on the 28th of November. I already sent updated form 80, change circumstances form (1022), AFP Police Check on the 22nd of Dec. I also informed to IMMI about violence but haven't got any respond. My wife sent an email on the 5th of Feb to IMMI and i recevied an email on the 6th Of Feb 2015. They are waiting my respond in 35 days. I had no chance to inform them due to Court reasons and AVO's granted on last week for both parts. I am writing here because i have different answers from different agents/lawyers. Edited March 8, 2015 by okramania Quote Link to comment Share on other sites More sharing options...
engaus Posted March 8, 2015 Share Posted March 8, 2015 As you don't have a partner visa the process for you attempting to stay is not as straight forward. If you had a temporary partner visa (which you don't as you have stated your on a bridging visa) there would be a possibility of you staying if DIBP concluded that from the evidence provided you were a victim of family violence - I'm not sure how that would pan out given you both have AVO's against each other. But as you DONT have a temporary partner visa I'm not sure what grounds you have for staying. Are the agents you are seeking advice from MARA registered? A good MARA agent would know what to advise once they had all the required information. Quote Link to comment Share on other sites More sharing options...
Killara Posted March 8, 2015 Share Posted March 8, 2015 (edited) Hi, I have complicated situation and hope someone can advise me in here. ... I went few agents and immigration lawyers. I haven't figured out yet what should i do and i do have concerns about my future in Australia. I own my business and i build great company for the future. .... ... I am writing here because i have different answers from different agents/lawyers. You are right that you have a complicated situation. You have immigration, AVO, and family law issues tied up together, and potentially others (a breach by other party of the AVOs could lead to criminal law proceedings for example), so you should be getting advice from a lawyer who can advise you and act for you in all of those areas. You don't mention whether you had a lawyer acting for you in the AVO proceedings taken by your wife against you, but if you did, unless that lawyer is also a registered migration agent, they probably won't have been able to advise you on effect on your visa application. It is possible that you can still be granted the partner visa. The 820 visa can be granted when the relationship has broken down since the date of application for the visa and the applicant has suffered domestic violence during the relationship. However, to properly advise you, it would be necessary to review the court orders which have been made in relation to the AVO proceeesings, the police report, and other evidence of domestic violence (for example the witness statement of the neighbour). It would also be nessecary to look at the avo order granted against you. If there are family law proceeesings, it would also be necessary to look at that. Did the agents / lawyers you spoke to look at all of these? If not, that would potentially explain them giving you different answers. You really should be using a lawyer that is familiar all aspects of these matters who will look at all of the material, not just the one particular aspect that they are acting for you on (for example a lawyer acting for you only in the AVO matter). For these reasons also, the very helpful members on this forum are not going to be able to give you much further guidance then what you have received from the agents/lawyers you have spoken to, because forum members here have for example not seen the court orders that have been made (and you would not want to be publishing those court orders here - that is something that should not be posted to a pub ic forum). For responding to DIBP, I would strongly recommend that you bring your documents to an immigration lawyer who ideally also acts in AVO, criminal, and family law matters, so that the lawyer can make submissions to DIBP on the domestic violence and related law affecting your circumstances. Edited March 8, 2015 by Killara Quote Link to comment Share on other sites More sharing options...
Quinkla Posted March 8, 2015 Share Posted March 8, 2015 I would strongly recommend that you bring your documents to an immigration lawyer who ideally also acts in AVO, criminal, and family law matters, so that the lawyer can make submissions to DIBP on the domestic violence and related law affecting your circumstances. +1 Quote Link to comment Share on other sites More sharing options...
okramania Posted March 9, 2015 Author Share Posted March 9, 2015 @engaus , Quinkla, Killara. Thank you very much for replies. You guys are spent your time and wrote your thoughts about my complex situation. Much appreciated again ! I found a solicitor/registered migration agent today in Sydney CBD. She has knowledge about Family Law, AVO and Immigration Law. She also confused about my situation. The AVO's cases are quite different in Sydney/Burwood court. It is very easy to get AVO for ladies without any criminal report, evidence. Only a statement would be enough due to violence possibility. Laws are more nearer to for ladies than mens. She had full of false informations in her statements includes " i killed a man, pulled out someone's eyes in a fight, slapped her face and etc " . Her statement had not supplied any evidences or reports. She also said i have fears against me due to my visa conditions. Her case in the court took only 5 minutes without any questioning. It was civil application and applied to court by herself. My case session took 3 hours in the court. There was one witness ( neighbour ) , photos, doctor reports about physical violence and medical report with MRI Scan results. There was also photos about damage personal properties and AVO application was made by Police Forces. I saw the differences with my eyes between man and woman AVO cases in the court. I will keep post it here. It would help for other victims who has same or similar problem with me for IMMI. Please post it here if you have more informations. I need to get more informations if its possible. Thanks again. Quote Link to comment Share on other sites More sharing options...
happyfeet90 Posted March 9, 2015 Share Posted March 9, 2015 hey sup..read your forum and chucked in to say that my relative also went from the same situation but he was a au citizen and his wife was on temporary spouse visa... all i can advise you is that lawyers help is only good when u really are thinking of separation but if you are on two boats on this decision then these lawyers gonna milk every dime out of you and in the end the judge will give you both an oppurtunity to give your marriage a try.but in the end of parent's ego and mess they do, lies the future of their child. so i cant predict your relationship fate all i can say is you can give a try TILL U GET YOUR PR. AFTER that you can do whatever you want. @engaus , Quinkla, Killara. Thank you very much for replies. You guys are spent your time and wrote your thoughts about my complex situation. Much appreciated again ! I found a solicitor/registered migration agent today in Sydney CBD. She has knowledge about Family Law, AVO and Immigration Law. She also confused about my situation. The AVO's cases are quite different in Sydney/Burwood court. It is very easy to get AVO for ladies without any criminal report, evidence. Only a statement would be enough due to violence possibility. Laws are more nearer to for ladies than mens. She had full of false informations in her statements includes " i killed a man, pulled out someone's eyes in a fight, slapped her face and etc " . Her statement had not supplied any evidences or reports. She also said i have fears against me due to my visa conditions. Her case in the court took only 5 minutes without any questioning. It was civil application and applied to court by herself. My case session took 3 hours in the court. There was one witness ( neighbour ) , photos, doctor reports about physical violence and medical report with MRI Scan results. There was also photos about damage personal properties and AVO application was made by Police Forces. I saw the differences with my eyes between man and woman AVO cases in the court. I will keep post it here. It would help for other victims who has same or similar problem with me for IMMI. Please post it here if you have more informations. I need to get more informations if its possible. Thanks again. Quote Link to comment Share on other sites More sharing options...
happyfeet90 Posted March 9, 2015 Share Posted March 9, 2015 i also wanted to mention that she have more rights than you cos she is a citizen and you aren't..so thats y her civil appl was accepted quickly. hey sup..read your forum and chucked in to say that my relative also went from the same situation but he was a au citizen and his wife was on temporary spouse visa... all i can advise you is that lawyers help is only good when u really are thinking of separation but if you are on two boats on this decision then these lawyers gonna milk every dime out of you and in the end the judge will give you both an oppurtunity to give your marriage a try.but in the end of parent's ego and mess they do, lies the future of their child.so i cant predict your relationship fate all i can say is you can give a try TILL U GET YOUR PR. AFTER that you can do whatever you want. Quote Link to comment Share on other sites More sharing options...
Quinkla Posted March 9, 2015 Share Posted March 9, 2015 all i can say is you can give a try TILL U GET YOUR PR. AFTER that you can do whatever you want. I would never advocate living with domestic violence - even if a visa is at stake. Quote Link to comment Share on other sites More sharing options...
okramania Posted March 9, 2015 Author Share Posted March 9, 2015 hey sup..read your forum and chucked in to say that my relative also went from the same situation but he was a au citizen and his wife was on temporary spouse visa... all i can advise you is that lawyers help is only good when u really are thinking of separation but if you are on two boats on this decision then these lawyers gonna milk every dime out of you and in the end the judge will give you both an oppurtunity to give your marriage a try.but in the end of parent's ego and mess they do, lies the future of their child.so i cant predict your relationship fate all i can say is you can give a try TILL U GET YOUR PR. AFTER that you can do whatever you want. I do not want to live like that. Hard to deal with her. I am using dozens of anti dep. pills everyday under doctor control. I think i will never forget in rest of my life. Her wrist was bleeding because she attempted suicide. Anyway, thanks for your advice mate. Quote Link to comment Share on other sites More sharing options...
Garygoraya Posted June 10, 2015 Share Posted June 10, 2015 I need to speak to you okramania,, i am in the same boat as you,, need help brother Quote Link to comment Share on other sites More sharing options...
okramania Posted September 6, 2015 Author Share Posted September 6, 2015 engaus , Quinkla, Killara and others. I have got my Permanent Residency after all very complicated situation. Thanks for your great comments and advises. Quote Link to comment Share on other sites More sharing options...
starlight7 Posted September 6, 2015 Share Posted September 6, 2015 Okra I think you need a good social worker not a bunch of people on a forum. You can get them free of charge and they will help you. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted September 6, 2015 Share Posted September 6, 2015 engaus , Quinkla, Killara and others. I have got my Permanent Residency after all very complicated situation. Thanks for your great comments and advises. Glad you managed to get it after all - and thanks for updating us! Hope your life picks up a lot from now on. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted September 6, 2015 Share Posted September 6, 2015 Unfortunately it is still the case that courts take domestic violence by man against woman more seriously than woman against man. You need good advocates, if it can be proved she has lied about your criminal past then she will be an unreliable witness and this will help your case. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted September 6, 2015 Share Posted September 6, 2015 Unfortunately it is still the case that courts take domestic violence by man against woman more seriously than woman against man. You need good advocates, if it can be proved she has lied about your criminal past then she will be an unreliable witness and this will help your case. oops sorry just read you got your visa, good news. Can you tell us how, it could help someone in the future. Quote Link to comment Share on other sites More sharing options...
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