Dana Chike Posted January 2, 2022 Share Posted January 2, 2022 Hi Everyone, Need some advice/some to easy my mind. My husband came to Australia in 2016 on a visa with his ex wife, we met while they were taking some time apart to work on things and I fell pregnant, his relationship with the ex wife ended in May/July 2019 he applied for his permanent residency on the ground of domestic violence in 2019, he got a letter a natural justice letter saying they received unfavorable information and they're giving him the chance to comment on it. Basically that they broke up/divorced in 2017 and we lived together and began a relationship in February 2019 which I believe they got from Centerlink. She gave them the information about when they broke up and got divorced but the divorce certificate doesn't match that information and in the document she said they broke up 10 days after they got married but they opened up a joint account 3 months later. I gave the dates for February to Centrelink based of the information I was giving by Centerlink. We've decided to apply for a new partner Visa then withdrawn the old one, we have a child together who's 2 and got married in August 2021. I just want to know what our chances are and what obstacles we might face? I'm very stressed as he earns a lot more than me and if he was to leave Australia I would struggle and would we become homeless. Quote Link to comment Share on other sites More sharing options...
paulhand Posted January 2, 2022 Share Posted January 2, 2022 I strongly recommend you get some professional advice based on all the facts of the matter - this is too complex to get meaningful advice on a public forum and will get messier if not properly handled. 3 Quote Link to comment Share on other sites More sharing options...
Dana Chike Posted January 2, 2022 Author Share Posted January 2, 2022 We have an immigration lawyer but was just posting to see if someone has been in the same position. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted January 2, 2022 Share Posted January 2, 2022 No one is likely to have been in exactly the same situation. And there isn’t enough info in your post to cover all the questions a migration agent would ask. I wouldn’t want to post that sort of derail on a public forum anyway! If your agent is MARA registered and has experience in such complex matter ask them if not consider a second opinion. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted January 3, 2022 Share Posted January 3, 2022 (edited) 11 hours ago, Dana Chike said: We have an immigration lawyer but was just posting to see if someone has been in the same position. Do you have an immigration lawyer or a migration agent? Is your lawyer a MARA registered agent? If not, get a second opinion. On the surface, it seems like bad advice to withdraw your partner application and start again. Immigration are not just going to forget the old application exists. If you told the truth on the old application, how will a new one help? She can just do the same thing again. Edited January 3, 2022 by Marisawright Quote Link to comment Share on other sites More sharing options...
Dana Chike Posted January 3, 2022 Author Share Posted January 3, 2022 8 hours ago, Marisawright said: Do you have an immigration lawyer or a migration agent? Is your lawyer a MARA registered agent? If not, get a second opinion. On the surface, it seems like bad advice to withdraw your partner application and start again. Immigration are not just going to forget the old application exists. If you told the truth on the old application, how will a new one help? She can just do the same thing again. Yes they are, and we got a second opinion and they said the same thing as this lawyer. The new application is with me not her. We know they won't forget it exists but after we had a conversation with both the lawyers they said a new application with me would be our best option and it's better to have a withdrawal than a cancelled visa. He did tell the truth, and all the evidence he provided backs that up but the issue still stands that Centerlink gave me incorrect information when I had to apply for parenting payment and they're going off them dates which is incorrect, and also going off the dates she gave Centerlink which don't match up with the divorce certificate and the information she provided to divorce court. Quote Link to comment Share on other sites More sharing options...
Dana Chike Posted January 3, 2022 Author Share Posted January 3, 2022 8 hours ago, Marisawright said: Do you have an immigration lawyer or a migration agent? Is your lawyer a MARA registered agent? If not, get a second opinion. On the surface, it seems like bad advice to withdraw your partner application and start again. Immigration are not just going to forget the old application exists. If you told the truth on the old application, how will a new one help? She can just do the same thing again. It's also his second part of the visa application with her not the first. Basically he had enough of the financial abuse and she didn't like it so she lied... His bank statements and the voicemail she sent back that up. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.