Peach30 Posted May 3, 2015 Share Posted May 3, 2015 Hi my 1st post as i need some help i am from overseas and married my Australian husband in 2012 i then came to Australia in 2013 and we apply for spouse visa we get temporary spouse visa but the 2 years is not up yet for the 2nd stage to get PR. The problem is my husband cheat on me with lady from overseas and want to be with her.we still married and live together now but i am concerned that if he throw me out of house or i leave or if he not fill out paperwork i not get PR.I cannot go to see agent as i have no money of my own or cannot go out on my own and don't know what to do.Thank you in advance for any advice. Link to comment Share on other sites More sharing options...
Bungo Posted May 3, 2015 Share Posted May 3, 2015 Hi my 1st post as i need some help i am from overseas and married my Australian husband in 2012 i then came to Australia in 2013 and we apply for spouse visa we get temporary spouse visa but the 2 years is not up yet for the 2nd stage to get PR.The problem is my husband cheat on me with lady from overseas and want to be with her.we still married and live together now but i am concerned that if he throw me out of house or i leave or if he not fill out paperwork i not get PR.I cannot go to see agent as i have no money of my own or cannot go out on my own and don't know what to do.Thank you in advance for any advice. To be honest, until such time the relationship breaks down, I would do nothing about the visa. Can you talk to your husband and try to ascertain his intention regarding the permanent stage? Link to comment Share on other sites More sharing options...
Ozmaniac Posted May 3, 2015 Share Posted May 3, 2015 The 2 years you need to be together to be eligible for a permanent visa starts when you APPLIED for your temporary Partner visa (not when it was granted) so you must be getting close to that point now - you should be sent the second stage paperwork request about 3 months before the 2 years is up. Given that you're still living together, IMO you should try to put up with the situation until you get your permanent visa. YOU will be the applicant for the next stage of the visa and if you're still living together and can prove that, you should be able to get your visa even if he doesn't cooperate and it won't require any bending or breaking the immigration rules. Stay together until you get your visa if you possibly can. If you need legal or migration assistance, every state has citizens legal advice bureaux which will help you free of charge. Link to comment Share on other sites More sharing options...
Peach30 Posted May 3, 2015 Author Share Posted May 3, 2015 thank you for your help. Link to comment Share on other sites More sharing options...
Nemesis Posted May 4, 2015 Share Posted May 4, 2015 The 2 years you need to be together to be eligible for a permanent visa starts when you APPLIED for your temporary Partner visa (not when it was granted) so you must be getting close to that point now - you should be sent the second stage paperwork request about 3 months before the 2 years is up. Given that you're still living together, IMO you should try to put up with the situation until you get your permanent visa. YOU will be the applicant for the next stage of the visa and if you're still living together and can prove that, you should be able to get your visa even if he doesn't cooperate and it won't require any bending or breaking the immigration rules. Stay together until you get your visa if you possibly can. If you need legal or migration assistance, every state has citizens legal advice bureaux which will help you free of charge. Her husband will have to fill in paperwork himself to show that the relationship is continuing. Although most of it is down to the applicant, the sponsor (her husband) has to fill in - and sign with a witness - a form similar to the 888 Stat Dec form. Link to comment Share on other sites More sharing options...
Peach30 Posted May 4, 2015 Author Share Posted May 4, 2015 Does that mean if he does not do paperwork i have to leave Australia ? Link to comment Share on other sites More sharing options...
Nemesis Posted May 4, 2015 Share Posted May 4, 2015 Does that mean if he does not do paperwork i have to leave Australia ? Possibly. I can't see how you can get PR if he won't do his share of the paperwork, as its a condition of getting PR that you should still be in a continuing relationship with him. Sometimes there are ways you can still get PR, if you have been the victim of domestic violence for instance. If you have no money and cannot go out on your own why would you want to stay here anyway? Would you not want to go back home? Link to comment Share on other sites More sharing options...
Gbye grey sky Posted May 4, 2015 Share Posted May 4, 2015 The focus here is on PR but this is a marriage. Surely this comes with certain legal obligations. He surely cannot just have his wife deported by not filling out the paperwork and if he tries that you should be able to take him to the cleaners in any divorce. As has been said by another I cannot see why you would want to remain in Australia in these circumstances. Link to comment Share on other sites More sharing options...
Que Sera Sera Posted May 4, 2015 Share Posted May 4, 2015 The focus here is on PR but this is a marriage. Surely this comes with certain legal obligations. He surely cannot just have his wife deported by not filling out the paperwork and if he tries that you should be able to take him to the cleaners in any divorce. As has been said by another I cannot see why you would want to remain in Australia in these circumstances. p Having been through a divorce " taking him to the cleaners" is a pretty old concept mainly for the well off. If the marriage has broken down for whatever reason it's pretty hard for her to do anything I reckon. A professional legal opinion is the only way to know for sure though. Link to comment Share on other sites More sharing options...
Nemesis Posted May 4, 2015 Share Posted May 4, 2015 The focus here is on PR but this is a marriage. Surely this comes with certain legal obligations. He surely cannot just have his wife deported by not filling out the paperwork and if he tries that you should be able to take him to the cleaners in any divorce. As has been said by another I cannot see why you would want to remain in Australia in these circumstances. He can't have her deported as such by not filling it in, but if he doesn't fill in the forms saying it is still an ongoing marriage then she won't get a PR Spouse Visa. Whih means her provisional spouse visa will be cancelled (as there is no longer a relationship to base it on) and she either has to get another visa or leave. Thats the way spouse visas work - if the marriage doesn't last the two years then only in exceptional cases is PR granted. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted May 4, 2015 Share Posted May 4, 2015 As your sponsor, your husband needs to confirm you two are in a genuine ongoing and committed relationship. If you aren't, and if he isn't willing to lie to say you are (which would be fraud so not the proper way to get a visa), then you won't be eligible for the PR visa. Link to comment Share on other sites More sharing options...
Peach30 Posted May 5, 2015 Author Share Posted May 5, 2015 As has been said by another I cannot see why you would want to remain in Australia in these circumstances. If you came from my country you might understand. Link to comment Share on other sites More sharing options...
Gbye grey sky Posted May 5, 2015 Share Posted May 5, 2015 If you came from my country you might understand. If Immigration suspected that was the sole reason why you married this man then you will have problems though. Link to comment Share on other sites More sharing options...
Peach30 Posted May 5, 2015 Author Share Posted May 5, 2015 If Immigration suspected that was the sole reason why you married this man then you will have problems though. Shame on you if you want to judge me without knowing me shame on you. I come from a poor country yes and my husband marry me in my country when he work there and i never think of leaving my home town for foreign country.He finish his work and have to go back to Australia and want me to come with him as we are husband and wife. I sacrifice losing my friends and family to be in a country where i don't know anyone but my husband.He turn from a good man to a bad man and chase lady on internet and arrange to meet them though he is married to me. I have a job here and earn money to send home which enables my family to have a better life and i also have some good friends i work with i am happy with work life but not home life as i am sad to go home after work. Link to comment Share on other sites More sharing options...
Nemesis Posted May 5, 2015 Share Posted May 5, 2015 If you came from my country you might understand. Maybe so, but you yourself said that you can't go out and have no money - so how are you going to survive here if you do get PR? Link to comment Share on other sites More sharing options...
supercow Posted May 5, 2015 Share Posted May 5, 2015 Reading this thread, I feel really sorry for you Peach30. It really is a crappy situation, and I hope things work out for you. I can't add any Visa advice, however maybe it's worth taking on someone else's (know knows you) perspective on your situation. Have you spoken to your family at home about it, what do they think you should do? I realise you're sending money to them, but is money really worth it / being stuck somewhere where you have no friends or family? Was life before you met your husband really that bad / worse than it will be living all alone? Link to comment Share on other sites More sharing options...
Gbye grey sky Posted May 5, 2015 Share Posted May 5, 2015 Shame on you if you want to judge me without knowing me shame on you.I come from a poor country yes and my husband marry me in my country when he work there and i never think of leaving my home town for foreign country.He finish his work and have to go back to Australia and want me to come with him as we are husband and wife. I sacrifice losing my friends and family to be in a country where i don't know anyone but my husband.He turn from a good man to a bad man and chase lady on internet and arrange to meet them though he is married to me. I have a job here and earn money to send home which enables my family to have a better life and i also have some good friends i work with i am happy with work life but not home life as i am sad to go home after work. Please read my post before responding. I have highlighted the relevant words in case you missed them. You may find it uncomfortable but if a husband will not sponsor his new wife for a permanent visa Immigration will have their suspicions. And if the person was coming from a poor country that would not help. I have sympathies with your plight. Link to comment Share on other sites More sharing options...
Peach30 Posted May 5, 2015 Author Share Posted May 5, 2015 Maybe so, but you yourself said that you can't go out and have no money - so how are you going to survive here if you do get PR? The reason i cannot go out is my pig of a husband takes me to work and picks me up he takes most of my money apart from the little i send to help my family.If i had PR and could leave him i would have a good life as i do have friends i work with and will help me but they cannot give me legal/immigration advice not having been there themselves. Thank you to the people that gave me good advice and did not judge me.And to the 2 negative posts wrote to belittle me further where is your compassion to a human being ? You judge me by not knowing me or my full plight so shame on you for that maybe you need to get a life or watch some drama on TV to add entertainment to your life. I won't post further on here as i know what i need to do now and don't need to feel anymore down with my situation. Link to comment Share on other sites More sharing options...
supercow Posted May 5, 2015 Share Posted May 5, 2015 peach30, no one was judging you, merely questioning your situation. It's difficult to dish out advice without context. Hope all goes well for you, whatever you decide. Link to comment Share on other sites More sharing options...
Bungo Posted May 5, 2015 Share Posted May 5, 2015 The reason i cannot go out is my pig of a husband takes me to work and picks me up he takes most of my money apart from the little i send to help my family.If i had PR and could leave him i would have a good life as i do have friends i work with and will help me but they cannot give me legal/immigration advice not having been there themselves. Thank you to the people that gave me good advice and did not judge me.And to the 2 negative posts wrote to belittle me further where is your compassion to a human being ? You judge me by not knowing me or my full plight so shame on you for that maybe you need to get a life or watch some drama on TV to add entertainment to your life. I won't post further on here as i know what i need to do now and don't need to feel anymore down with my situation. You are at very great risk of putting people off trying to help you by getting aggressive and angry. I have re read the thread twice and the only person judging or being remotely unpleasant on this thread is you. Link to comment Share on other sites More sharing options...
movingback Posted May 5, 2015 Share Posted May 5, 2015 I'm so sorry Peach. This is an awful situation. Does he want a divorce? What are his intentions? In this case, I'd be looking out for myself. And this is what I would do (I bet this isn't popular advice..): I'd 'forgive' him, continue as though things are fine, work on the relationship with him, get him to sign the PR papers, and after its approved I'd dump him. You've been through a lot and deserve the chance to stay IMHO. Link to comment Share on other sites More sharing options...
Nemesis Posted May 5, 2015 Share Posted May 5, 2015 The reason i cannot go out is my pig of a husband takes me to work and picks me up he takes most of my money apart from the little i send to help my family.If i had PR and could leave him i would have a good life as i do have friends i work with and will help me but they cannot give me legal/immigration advice not having been there themselves. Thank you to the people that gave me good advice and did not judge me.And to the 2 negative posts wrote to belittle me further where is your compassion to a human being ? You judge me by not knowing me or my full plight so shame on you for that maybe you need to get a life or watch some drama on TV to add entertainment to your life. I won't post further on here as i know what i need to do now and don't need to feel anymore down with my situation. Being in a somewhat unusual relationship myself I would never judge anyone else's. I only question you because I am trying to help. If you do manage to get PR and stay here, think about what sort of life you would have, thats all I'm saying. I wish I'd thought more after my first marriage failed. I would've gone home then if I had had any sense. Life would have been much easier for both me and my new husband if I had. As for the visa, you cannot get PR on a Spouse Visa unless your partner does his share of the paperwork and between you there is proof of an ongoing rekationship. Even if you have loads of proof he still needs to do his bit. That may not be what you want to hear, but its the facts, sorry. Link to comment Share on other sites More sharing options...
Nemesis Posted May 5, 2015 Share Posted May 5, 2015 I'm so sorry Peach. This is an awful situation. Does he want a divorce? What are his intentions? In this case, I'd be looking out for myself. And this is what I would do (I bet this isn't popular advice..): I'd 'forgive' him, continue as though things are fine, work on the relationship with him, get him to sign the PR papers, and after its approved I'd dump him. You've been through a lot and deserve the chance to stay IMHO. I agree, if she really wants to stay, thats what she needs to do. Link to comment Share on other sites More sharing options...
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