Husband not allowing wife to stay with him and threatening that he will cancel his 489 Visa.

[Jugal]

Hi,

I have one relative (Woman)  who got visa under 489 Skilled visa through Tasmanian as a secondary applicant.

Present Situation:

- They have got married 2 years prior in India and since her husband was living In Tasmania, Australia both of them went there back.

- Last year the husband applied for Visa under 489 and got the same and as his wife was secondary applicant in the same and, she also got the visa under 489.

- Later on due to several dispute both of them came to India to solve it through family intervention but suddenly with in a month time husband without Intimating his wife went back to Australia.\

- After reaching there the husband applied for cancellation of her wife visa so the she can get there and treated the wife that he will be cancelling her visa and remove her name as a secondary applicant. And she will not get Final PR under 887 visa. 

- Then after one month in last weak the wife also went there by booking her tickets directly and reached at the husbands house. But the husband does not allows to enter her in the house and throws his baggage out of the house.

-  Later on she called the police, but the police told that since the lease agreement is in the name of Husband he has the right to do the same and the husband also told the police that he wants to file for the divorce.

My Question is:

1)What can be done by the wife so that husband allows her to stay in the home and What police is telling is correct?

2) Can husband file for the divorce in this case after 12 months as in this case wife has to compulsory say at some other place as his husband is not allowing him to stay at home?

3)Can husband cancel the provisional-PR of his Wife that are obtain under 489?

4) Will wife be eligible for 887 visa?

I will request every one to please help as she is presently not having enough fund that she hire a consultant and does not have any other contacts in Tasmania.

Currently she is also not having any good place that she can stay and is struggling there. 

If any NGO or Authority can come forward to help her then it will be very helpful.

 

 

 

[ali]

Hi, the majority of forum members are unable to offer any professional advice, it really would be in the best interest of your relative  to seek professional advice from a solicitor regarding any separation/divorce proceedings and also perhaps a registered migration agent with regard to any visa status.

As they have been married for two years - if they have been separated for 12 months or more the husband can file for divorce.

The husband can notify immigration regarding the change in circumstances - it is immigration who will ultimately cancel the visa. (An agent will be able to advise).

If your relative has nowhere to stay or is able to support themselves, it may be in their best interest to return to family in India.

 

[Marisawright]

Her husband cannot cancel her visa.   He can advise Immigration of their change in circumstances, that is all.   It is up to Immigration to decide whether to cancel the visa. I do not know what their decision will be.  A professional migration agent would be able to advise her. 

If the lease is in her husband's name then the property is legally his and he can refuse to let her live there. 

Under Australian law, the husband can file for divorce once they have been separated for 12 months.  

[rammygirl]

If she can comply with the requirements of the 887 independently of her husband she can apply for the visa in her own right I think.  So if she can get a job and live in the regional area she can do this without her husband.

Maybe citizens advice centre or local MP may be able to help.  She can’t force her husband to do operate but he can’t just cancel the visa.