Mimz Posted March 29, 2019 Share Posted March 29, 2019 Hi everyone, I recently broke up with my husband and he said he doesn't want to come back. He is currently on temp visa 820 and I have emailed the department of immigration that we have broken up. They have sent me an email to say they will give him a chance to reply with any reason he should stay. I am currently 6 months pregnant and he has said he has asked a lawyer which he told him his chance of staying is 50% cause I haven't given birth and only will be 70% when I do give birth. I would like to know is this correct? Could he apply for full custody to stay? what is his options to stay? Or will his visa get rejected and has to go back. Worried about my baby and what will happen when I give birth. Thank you in advance. Quote Link to comment Share on other sites More sharing options...
Wonderingaloud Posted March 29, 2019 Share Posted March 29, 2019 It’s my understanding you have be in a genuine relationship for this visa. Since you have informed them you are not, then he needs to leave? The fact you are pregnant I don’t think, will have any weight with immigration. If this were the case lots of couples would be having babies just to stay in the country. Sorry to be harsh, maybe somebody else with more knowledge can give you a more comprehensive answer but that’s my understanding from reading multiple posts on these kinds of issues on the forum. Quote Link to comment Share on other sites More sharing options...
Mimz Posted March 29, 2019 Author Share Posted March 29, 2019 So others have said that the father got refused and was sent back? He didn't get the visa cause of the pregnancy? I'm worried he is planning to lie to be able to stay like he has mentioned his going to a councillor to "work on himself" as he thinks that he can not be a good husband to me as his excuse to leave which makes me believe he is doing that to show that he has anxiety or something not sure my mind is racing with thoughts as to how he will approach this to be able to stay. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted March 29, 2019 Share Posted March 29, 2019 1 minute ago, Mimz said: So others have said that the father got refused and was sent back? He didn't get the visa cause of the pregnancy? The fact that you are pregnant means nothing. If he is no longer your partner, then his visa is no longer valid. His only hope is to stay with you until he qualifies for a permanent spouse visa. Once he has that permanent visa, then he can stay in Australia even if you break up again. Quote Link to comment Share on other sites More sharing options...
Mimz Posted March 29, 2019 Author Share Posted March 29, 2019 What if he appeals the cancelation to by time till I give birth which is just another 2.5 months - 3 months time? Would it change if I give birth? Quote Link to comment Share on other sites More sharing options...
Wonderingaloud Posted March 29, 2019 Share Posted March 29, 2019 He’s not going to be allowed to stay because of a pregnancy. Like I said already, if it were that easy lots of couples would be having babies just to stay in Australia. To get the visa he needs to be in a relationship with you. His mental capacity/anxiety etc won’t matter. He can’t appeal on those grounds because he needs to be in a genuine relationship with you. Irrespective of the reason of break up I doubt he will have much leverage to swing it to remain in the country. You giving birth doesn’t matter in the immigration side of things. Are you wanting him to stay or to leave? Quote Link to comment Share on other sites More sharing options...
Mimz Posted March 29, 2019 Author Share Posted March 29, 2019 I'm worried that he will try to take custody of the child to stay, he is selfish and doesn't really care about anyone else which is why we broke up. But plays on my emotions to manipulate me to let him stay without him going through the process of trying to stay but he knows I wont lie to the immigration. My concern is him trying everything he can to stay which makes me have anxiety what he will put me and my baby through. Quote Link to comment Share on other sites More sharing options...
Wonderingaloud Posted March 29, 2019 Share Posted March 29, 2019 I’m sorry you are going though a rough time. It must be stressful with a baby on the way. Again, the main criteria for his visa to be successful is he needs to be in a relationship with you. If he isn’t, then he can’t stay. He can’t take custody of the child becasue he shouldn’t be in the country himself and will be in breach of his visa if he stays past the date immigration ask him to leave. It sounds as though this has been put in motion with immigration contacting him. I don’t know the legal intricacies of how he could get around this. Maybe he could apply for another visa, I really don’t know. If you are concerned for your or your babies safety speak to your midwife at the hospital and they can also put things in motion to protect you, if you wish to remain anonymous whilst in hospital for eg. 1 Quote Link to comment Share on other sites More sharing options...
Mimz Posted March 29, 2019 Author Share Posted March 29, 2019 Yes very tough time not sleeping losing weight and he obviously doesn't care what he is putting me through. Maybe ill ask the hospital at my next appointment about my options. Thank you for the help cause everywhere I have read on government sites it says that he could still stay if he has custody of a child which is what Im worried about he will do. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted March 29, 2019 Share Posted March 29, 2019 27 minutes ago, Mimz said: Yes very tough time not sleeping losing weight and he obviously doesn't care what he is putting me through. Maybe ill ask the hospital at my next appointment about my options. Thank you for the help cause everywhere I have read on government sites it says that he could still stay if he has custody of a child which is what Im worried about he will do. When you go to the hospital, let them know your partner is pressuring you and that you are afraid of his intentions. They will put you in touch with people who can help. 3 Quote Link to comment Share on other sites More sharing options...
Nemesis Posted March 29, 2019 Share Posted March 29, 2019 9 hours ago, Marisawright said: When you go to the hospital, let them know your partner is pressuring you and that you are afraid of his intentions. They will put you in touch with people who can help. Definitely. However - regardless of some the info posted in the thread - if the holder of a temp spouse visa (820 or 309) has entered the country and gained that visa on genuine grounds, and there is now a child of that relationship then even if the relationship fails he or she can ask Immigration to grant PR (801/100) on the basis that they now have an Australian child. There are only two pathways to the 801/100 if the relationship has broken down - one is domestic violence, the other is a child born of the relationship. Quote Link to comment Share on other sites More sharing options...
Mimz Posted March 29, 2019 Author Share Posted March 29, 2019 Yes that’s what I was afraid of. But he is still on 820 and I have another 3 months to give birth. So what will happen till then? Quote Link to comment Share on other sites More sharing options...
ali Posted March 29, 2019 Share Posted March 29, 2019 37 minutes ago, Mimz said: Yes that’s what I was afraid of. But he is still on 820 and I have another 3 months to give birth. So what will happen till then? You need to get a professional opinion, we can only guess what might happen and there does appear from what has been posted that there may be a chance he could stay. If you are fearful, then you should speak to your midwife who will be able to help you regarding that issue (not your partner's visa issue). You may also wish to consider a VRO if you feel under physical threat of harm. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted March 29, 2019 Share Posted March 29, 2019 1 hour ago, Mimz said: Yes that’s what I was afraid of. But he is still on 820 and I have another 3 months to give birth. So what will happen till then? Speak to a good registered agent ASAP. He can gain an 801 from his 820 if the baby is born while he is still holding the 820, and ( I'm not so certain on this) possibly even if you go to Immigration now and say that the relationship is over. Unless you have a good reason like (domestic violence) for him not to be granted PR then there is a fair chance he will get to stay, simply because of the baby and the fact he has been in a relationship with you, on a spouse visa, for a considerable time. As Ali says above, get professional advice - now. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted April 2, 2019 Share Posted April 2, 2019 From an immigration standpoint, your action would be to notify DOHA that your relationship has ended, which you have done. They will contact him to give him an opportunity to comment regarding any reason they should not cancel his 820 visa now that the relationship is ended. He could advise them that you are pregnant and that in order for him to have any relationship with his child he should be allowed to remain in Australia. It's up to DOHA whether they consider that sufficient reason to grant him the 801 visa. He doesn't need to apply for custody of the child for that. Quote Link to comment Share on other sites More sharing options...
Jon the Hat Posted April 2, 2019 Share Posted April 2, 2019 Seems to me perfectly reasonable for him to ask for PR on this basis, he should be allowed to have a relationship with his child. I am not sure why the OP should be worried about here baby? Clearly he will never be allowed to take the baby from the county without her permission or a court order. Quote Link to comment Share on other sites More sharing options...
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