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QLD 457 Visa - What to Do if Husband Leaves Australia?

Discussion in 'Immigration Law Forum' started by Rachel mire, 11 March 2015.

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  1. Rachel mire

    Rachel mire Member

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    Me and my daughter are so worried my husband who I have left last month has gone back to England today and he is saying he does not know if he will come back. We are here on his 457 visa we have been here nearly 2 years. I just don't know what visa or what to do to stay me and my daughter have no one or nothing to go back we are alone back in England. I have meet some one over here and he asked me to marry him we have know each other for over a year and are in love. I don't work as I was a stay at home mum.
     
  2. Tracy B

    Tracy B Well-Known Member

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    Hi Rachel,

    I would say contact a migration agent or migration lawyer as soon as possible.

    In any event, you have an obligation, as a condition to your current 457 visa, to contact the immigration department and inform them about your change of circumstances (i.e. you and husband separated, husband back in England). This obligation is by law and might affect your current or future visa into Australia. A divorce may affect your PR but you may be entitled to a grace period to sort things out with your husband.

    Your daughter's situation may be different from yours and further complicates matters. Hence, contact a migration agent/lawyer.
     
    Mitchell Kelly and Ivy like this.
  3. Mitchell Kelly

    Mitchell Kelly Well-Known Member

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    Hi Rachel,

    Tracy is correct that you have an obligation to notify DIBP of changes in circumstances (generally within 10 days of them occurring).

    If DIBP becomes aware that your husband is not longer working for his sponsoring employer, and he is offshore, they can cancel his visa at any time without notification (no notification is required where the primary applicant is offshore), though they would generally allow him the standard 90 days to return to Australia if he chose to.

    Once the primary applicant's visa is cancelled, both your and your daughters visa will be cancelled, but DIBP would contact you first to check if you have made arrangements for another visa or made plans to leave Australia.

    If you have an Australian partner, you could consider lodging a partner visa with him if you can satisfy the criteria and have sufficient evidence. A divorce is not necessary to make a partner visa application (though it would be required for you to re-marry), but you will need to show you have separated from you husband with supporting evidence.
     
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  4. Tamsin

    Tamsin Well-Known Member

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    Hi Rachel,
    I have been in a similar situation to you and hence done a lot of research regarding it. My ex husband holds a 457 which is being cancelled right now and our children are dependents on it.
    Your ex may still be employed, and he is allowed to take reasonable amount of leave (even unpaid leave) from work and still maintain his sponsorship. But as you don't know what hes doing you do need to contact DIBP asap. They can be very helpful I have found.
    I am currently on a student visa, but I am applying for a partner visa with my new guy. You need to have proof of living together and being in a defacto relationship for at least 12 months including financial support of each other and testimonials from friends and family that they consider you a couple. If you have registered your relationship (available in some states) then they do not always require you to have proof of living together for 12 months (we have only 11 months!) but you need to have started divorce proceedings to be able to register your relationship. You need to have been separated from your ex for 12 months before you can start divorce proceedings. You can include your daughter as a dependent on a partner visa, but you either need her fathers permission or a court order allowing you to.
     
    Tracy B likes this.
  5. Tracy B

    Tracy B Well-Known Member

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    Thanks @Tamsin for your insight. This was very helpful to read.
     

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