meme78 Posted June 17, 2011 Share Posted June 17, 2011 Does anyone have experience of a relationship breaking down before PR is granted? I am due to apply for PR around November this year, but have hit some difficulties and don't know if I can continue living with my partner. We have a child together who was born here and is a Citizen. I'm feeling very vulnerable as I have no family here, no money of my own and at the moment not sure if I even want to stay- but having a child complicates the process- I can't afford a lawyer at present and haven't told DIAC as the split is not finalised. Will myself and my child be made to leave? Would they make me leave but not the child? Anyone been through this? I even wondered if ironically I would be MADE to stay because of the child. Thanks all. Link to comment Share on other sites More sharing options...
Guest siamsusie Posted June 17, 2011 Share Posted June 17, 2011 Does anyone have experience of a relationship breaking down before PR is granted? I am due to apply for PR around November this year, but have hit some difficulties and don't know if I can continue living with my partner. We have a child together who was born here and is a Citizen. I'm feeling very vulnerable as I have no family here, no money of my own and at the moment not sure if I even want to stay- but having a child complicates the process- I can't afford a lawyer at present and haven't told DIAC as the split is not finalised. Will myself and my child be made to leave? Would they make me leave but not the child? Anyone been through this? I even wondered if ironically I would be MADE to stay because of the child. Thanks all. :hug: Meme, You are not too short of the 2 year time frame and seeing you have a child together DIAC would take this into account. I think it would be considered unusual to separate Mother and child (dependent on the circumstances) There is a sticky which I will retrieve in a minute regarding removal of children from either the UK or Australia.. both countries come under the Hague Convention. May I ask which state you are residing in Meme, then I can pull up some appropriate links. i.e. relationship counselling / free legal immigration advice. Susie x:hug: ETA Breakdown of relationship in the two year period As a general principle, if the relationship breaks down or otherwise ends before permanent residence is granted, the non-Australian partner is expected to leave Australia There are exceptions dealing with: if the Australian citizen or permanent resident partner dies; or there is domestic violence involved (immediate professional assistance is needed); or there is a child of the relationship, and an Australian court has granted the non-Australian partner custody or access rights further exceptions may require Ministerial Discretion, which is difficult to obtain, but is an option in exceptional or unusual cases not anticipated by the Regulations In some circumstances, a person whose relationship has broken down, may be able to remain in Australia on a different basis (such as a work visa) but this is often difficult. http://en.wikipedia.org/wiki/Hague_Convention_on_the_Civil_Aspects_of_International_Child_Abduction http://www.pomsinoz.com/forum/news-gossip-chat/47091-children-what-happens-if-you-your-partner-decide-go-home.html Link to comment Share on other sites More sharing options...
meme78 Posted June 17, 2011 Author Share Posted June 17, 2011 i am in NSW currently. thanks for your helpful advice Link to comment Share on other sites More sharing options...
Guest siamsusie Posted June 17, 2011 Share Posted June 17, 2011 i am in NSW currently. thanks for your helpful advice Hi Meme, Immigration Advice & Rights Centre 5/362 Kent Street Sydney NSW 2000 (02) 9279 4300 They are open Monday to Friday 9 - 5pm It is free of charge* They will do a face to face consultation with you and an Immigration consultant on Tuesdays and Thursdays if you wish to make an appt on 92623833 Good luck Meme, please do let us know how you get on. Susie x Additional link ...http://www.nsw.relationships.com.au/ How do I make contact? To find out more please call us on 1300 364 277 and you will be connected to your local Relationships Australia service. Meme, Relationship Australia have a free counselling service for migrants and their relationship problems called "Strength to Strength" http://www.nsw.relationships.com.au/ourservices/services-library/sts.aspx Link to comment Share on other sites More sharing options...
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