Applying for citizenship with a DVO & crimial record

[Bizbeth]

Hi, I was looking for advice.  About 18 months ago my ex partner assaulted me and consequently received a crimial conviction for assault (a fine) and the court put in place a 5 year domestic violence protection order. I still have to see her on a weekly basis, as we have a child together, but it causes me constant stress and anxiety and I feel like I'm sitting duck waiting for her next move where she physically or psychologically attacks / denegrates me in front of our daughter. She's told me she is applying for citizenship, but I'm not sure if she would pass the good character requirement. If she does it's very much like the Australian government are condoning her behaviour towards me, our daughter and her other victims (there is another 5 year DVO in place protecting her previous partner and his kids from her). Is there a way I can submit a victim impact statement or similar to alert immigration that this behaviour is still ongoing and the negative impact it'll have on my mental wellbeing if they consider her of good character despite her actions? Thanks. 

[DukeNinja]

I'm sorry to hear about what you've been through. Taking an objective view of your post, I'm assuming they already have PR, so citizenship should not really bring anything significant to their life (from what I believe).

How would the change in their immigration status from PR to citizen impact you and your offspring?

[Bizbeth]

It would mean we were stuck living in Australia for longer, potentailly until the child is 18. We had to (/chose to) move to Australia after the mother disappeard from the UK 5 years ago with our 6 month old child and Interpol found her in Australia. There was a 12 month international court case to return the child to the UK, but that fell through. So if I wanted my daughter to have a chance at having a father in her life, my only choice was to move to Australia and request the family court issue orders for contact and ideally shared care. 5 years on and we are still in and out of courts for child arrangelemts, domestic violence incidents etc. 

If the mother doesn't receive citizenship she is not going to be able to afford to study here (which is her current plan) and that will increase the odds of her wanting to move back to the UK where both sides of our family live. Returning home would be a happy resolution for me to this awful few years. If Australia deem her to be of "good character" that would be anoher nail in the coffin for me, maybe it's none of my business whether they grant her citizenship or not, but I will definitely hurt. 

[DukeNinja]

Sounds like you've been through an awful lot mate.

Police checks will be done as part of the citizenship application, and one would think that the Interpol saga will rear its head up.

Good luck, hope you find some resolution. 

[Bizbeth]

Thank you. 

[MacGyver]

2 hours ago, Bizbeth said:

maybe it's none of my business whether they grant her citizenship or not

Unfortunately I think this is largely true. It sounds like a horrible situation for you, but equally any attempt to prevent her gaining citizenship will likely come across as bitter and biased. It could also be perceived as controlling behaviour/abuse so I’d personally be cautious about taking that approach as it could potentially reflect badly on you in any future court matters.

[Nemesis]

11 hours ago, MacGyver said:

Unfortunately I think this is largely true. It sounds like a horrible situation for you, but equally any attempt to prevent her gaining citizenship will likely come across as bitter and biased. It could also be perceived as controlling behaviour/abuse so I’d personally be cautious about taking that approach as it could potentially reflect badly on you in any future court matters.

And if that approach is viewed as controlling/abusive then it could come up further down the line. I'm assuming you are not a citizen yet, yourself?

[Tulip1]

It sounds like you have much to be angry about in this horrible situation you find yourself in.  However, what she chooses to do isn’t anything to do with you and as hard as that is to accept, it’s important you try hard to.  Your situation sounds tough enough, there’s no point in getting upset and angry about things you can’t change.  Focus on positive things you can influence in relation to your child and learn to accept you have no say/control in what she wants to do.  You said that maybe it’s non of your business if she gets citizenship,  you’ve hit the nail on the head there.  I wish you the best of luck.  

Edited October 7, 2021 by Tulip1

[MacGyver]

7 hours ago, Nemesis said:

And if that approach is viewed as controlling/abusive then it could come up further down the line. I'm assuming you are not a citizen yet, yourself?

Did you mean to quote me here nemesis? Looks like the question is directed at the OP? 

[Parley]

Of course we only hear one side of the story here so hard to know for sure.

I'm interested why the courts neglected to force her back to the UK. Sadly though mothers usually win in family court matters. As you say the best men usually achieve is to fight for regular access to their child.

Edited October 8, 2021 by Parley

[Marisawright]

2 hours ago, Parley said:

I'm interested why the courts neglected to force her back to the UK. 

Me too, I thought Australia was red-hot on the Hague Convention.

[Nemesis]

3 hours ago, MacGyver said:

Did you mean to quote me here nemesis? Looks like the question is directed at the OP? 

sorry, I was following on from the situation you had outlined, where it could rebound on the OP later on.