kerry knight Posted December 9, 2019 Share Posted December 9, 2019 Hi all I wonder if anyone might be able to help me? I arrived in Qld on a 489 visa with my partners skills and am reliant on our relationship to stay in the country. However, the relationship is not stable and we have two children that I want to remove from the situation. My sister lives in Perth and since we don't qualify for centrelink support, I wanted to stay with her and set up a new life there. If I contact the department of Home Affairs to ask for their permission what do you think they will say? I don't want to take the girls out of the country completely due to my husbands parental rights to see them but feel like I have no where else to go. Thanks Quote Link to comment Share on other sites More sharing options...
ali Posted December 9, 2019 Share Posted December 9, 2019 I think you need to get some professional advice - I don't know much about the visa your on so can't advise if it's possible to move and what restrictions there are on it. I would speak to a good agent - those who post regularly on here can help. Your other issue would be to look up family law as it may not be easy to just move to another state with the children and you may need your partners permission. 1 Quote Link to comment Share on other sites More sharing options...
Collie Posted December 9, 2019 Share Posted December 9, 2019 Hi Kerry, I agree with Ali. Talk to a good migration agent. The 2 I see regularly recommended on the Irish families in Perth facebook page are; Patricia Halley at visas4you and Edwina King. They both serve the Irish community in Perth. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted December 9, 2019 Share Posted December 9, 2019 1 hour ago, kerry knight said: Hi all I wonder if anyone might be able to help me? I arrived in Qld on a 489 visa with my partners skills and am reliant on our relationship to stay in the country. However, the relationship is not stable and we have two children that I want to remove from the situation. My sister lives in Perth and since we don't qualify for centrelink support, I wanted to stay with her and set up a new life there. If I contact the department of Home Affairs to ask for their permission what do you think they will say? I don't want to take the girls out of the country completely due to my husbands parental rights to see them but feel like I have no where else to go. Thanks As others have said, you need professional advice. You already know that you are dependent on your husband's 489 visa to stay in the country. Its not a Partner Visa that you are on, you are a dependent on a 489. Therefore without that relationship the only way you an stay is if you qualify for a visa in your own right. Just "staying with your sister wont cut it I'm afraid. Quote Link to comment Share on other sites More sharing options...
Ausvisitor Posted December 9, 2019 Share Posted December 9, 2019 Hi, can't help but just as an aside I would suggest you speak to an admin about changing your username (as I suspect it's your name) in case your partner is googling and comes across these posts 1 Quote Link to comment Share on other sites More sharing options...
Quoll Posted December 9, 2019 Share Posted December 9, 2019 You actually cant just move interstate, your husband can go to court to demand that you return and the chances are you would never be allowed to leave the place you are currently living in - even moving 20 miles away, if it interfered with contact, potentially, could be deemed a no no by the court. Moreover, you are required to advise Immigration that your relationship has changed so you could find yourself being required to leave the country but refused leave to take your kids with you. You definitely need a good agent and good lawyer's advice - the one for the immigration status and the other for your rights in the relationship. This is far from a simple "I am going to bugger off and start a new life" scenario unfortunately 2 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted December 9, 2019 Share Posted December 9, 2019 I am so sorry your move to Australia has gone wrong. Moving countries is one of the most stressful things you can do and it puts a strain on any marriage. As others have said, get professional help fast. There is an international agreement covering the movement of children, and Australia applies it strictly. If you're forced to leave Australia because you're no longer in a relationship, your children will have to stay behind. That's not because the government favours the father - it's simply because the law won't allow either party to "remove" the children from their current country of residence. By moving out of the family home, especially if you move to Perth, you'll be raising a flag that you're no longer in that relationship and putting yourself at risk of being deported. Obviously, if you're in danger, you've got no option - but if there's any chance at all of patching up the marriage, even if it's only for a few years until you can either get permanency or persuade your partner to return to the UK as a family, it's your best option. Quote Link to comment Share on other sites More sharing options...
Collie Posted December 10, 2019 Share Posted December 10, 2019 14 hours ago, kerry knight said: Hi all I wonder if anyone might be able to help me? I arrived in Qld on a 489 visa with my partners skills and am reliant on our relationship to stay in the country. However, the relationship is not stable and we have two children that I want to remove from the situation. My sister lives in Perth and since we don't qualify for centrelink support, I wanted to stay with her and set up a new life there. If I contact the department of Home Affairs to ask for their permission what do you think they will say? I don't want to take the girls out of the country completely due to my husbands parental rights to see them but feel like I have no where else to go. Thanks I thought I was replying to a different thread before. I'm sorry your relationship is not working out. Moving to Perth from Qld is like moving overseas with the kids and will damage their relationship with their father (& probably with you down the line). It is a very selfish act without extreme extenuating circumstances (e.g. major drug use) I have lived this issue & been through the family court circus. There is no such thing as parental rights in Australia, there is children's rights and the children have the right to a relationship with both parents. Unless you have the other parent's permission, the courts are unlikely to allow the children to move that far away without very good reasons. I'll leave you with this to ponder, how would you feel if your partner decided to move & take the kids 3,000 miles away? Quote Link to comment Share on other sites More sharing options...
Wonderingaloud Posted December 10, 2019 Share Posted December 10, 2019 Please please get professional help. Your biggest issue here is you may not actually have a right to remain in Australia if your relationship breaks apart. Therefore, if you have to leave, it doesn’t mean the children can go with you unless your partner grants them permission. If he refuses, you will have to leave and your children will remain here. It’s known as The Hague convention and it’s trapped a lot of people either in places they don’t want to be, or separated children from one of their parents. If for whatever reason you are allowed to stay, I doubt moving to Perth will be an option either. Just to reiterate- get professional help. The very best of luck, let us know how you get on. 2 Quote Link to comment Share on other sites More sharing options...
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