Relationship breakdown while on bridging visa with small child

[Rosie Roo]

Hi

My ex and I came to Australia together. I was sponsored on a 457 visa and my partner was added to my application. Since then we have applied for the 187 visa and had a baby. Fast forward a few years, baby is now 3 our 187 application was rejected (usual reason - company couldn’t justify my position and afford to pay me..) - our migration agent said this was ridiculous and that many others had been rejected for similar reasons so we appealed in July 2017. We are now all on a bridging visa.

However, pressures of uncertainty all just got too much and we are now going through a messy break up. He has moved away and the split is looking permanent. So I am now unsure what to do, I know I need to inform immigration/AAT of this and am planning to do so. But I am also worried about what will happen to my ex. Will he have to leave the country despite the fact his child is here, or will he be offered a way to stay when immigration get in touch with him? He has asked that I do not inform immigration if this, but am really worried that this could affect all our chances of staying and I know as soon as my employer knows that they will inform AAT anyway. 

Does it matter how long we were together before this or the fact we have been waiting so long for a decision? Or does the fact that it was rejected and it’s now on appeal work against us?

 

Thank you in advance for any information you can offer it really is much appreciated.

[Marisawright]

31 minutes ago, Rosie Roo said:

Hi

My ex and I came to Australia together. I was sponsored on a 457 visa and my partner was added to my application. Since then we have applied for the 187 visa and had a baby. Fast forward a few years, baby is now 3 our 187 application was rejected (usual reason - company couldn’t justify my position and afford to pay me..) - our migration agent said this was ridiculous and that many others had been rejected for similar reasons so we appealed in July 2017. We are now all on a bridging visa.

However, pressures of uncertainty all just got too much and we are now going through a messy break up. 

If you keep quiet about the breakup then you're committing fraud - so yes, I would be worried it could affect your appeal.

If you've already got an agent then I  suggest asking them what the implications are, after all you're paying them to look after you. 

Do you have confidence in your agent?  Did they give you an idea of your chances of success or how much longer it's likely to take?   I only ask because if Immigration assessed the company's application and decided it couldn't justify or afford you, then I don't believe your appeal has much chance of success unless the company can provide strong additional evidence to prove otherwise.   So I hope that's the case for you?   

Edited September 16, 2019 by Marisawright

[Raul Senise]

17 hours ago, Rosie Roo said:

Hi

My ex and I came to Australia together. I was sponsored on a 457 visa and my partner was added to my application. Since then we have applied for the 187 visa and had a baby. Fast forward a few years, baby is now 3 our 187 application was rejected (usual reason - company couldn’t justify my position and afford to pay me..) - our migration agent said this was ridiculous and that many others had been rejected for similar reasons so we appealed in July 2017. We are now all on a bridging visa.

However, pressures of uncertainty all just got too much and we are now going through a messy break up. He has moved away and the split is looking permanent. So I am now unsure what to do, I know I need to inform immigration/AAT of this and am planning to do so. But I am also worried about what will happen to my ex. Will he have to leave the country despite the fact his child is here, or will he be offered a way to stay when immigration get in touch with him? He has asked that I do not inform immigration if this, but am really worried that this could affect all our chances of staying and I know as soon as my employer knows that they will inform AAT anyway. 

Does it matter how long we were together before this or the fact we have been waiting so long for a decision? Or does the fact that it was rejected and it’s now on appeal work against us?

 

Thank you in advance for any information you can offer it really is much appreciated.

This is not a straight forward issue and you should discuss with your Agent, who will know more about your specific case.

Be mindful that your ex can still be granted the subclass 187 visa, even if you are no longer together.