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VIC Mother with Permanent Residency as My Dependant?

Discussion in 'Immigration Law Forum' started by marlonbrando, 8 September 2015.

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  1. marlonbrando

    marlonbrando Member

    8 September 2015
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    I am a skilled immigrant under skill select 189 visa which has granted me a permanent residency in Australia. I have been here over the past 5-6 months. While applying for myself, I got a dependent visa (attached to me as a primary applicant for 189) which is nothing but a permanent residency for my mom as well. Hence, both of us are Permanent Residents of Australia and we have our PR activated.

    For innumerable reasons which I can't state here, I have been flabbergasted to find that my very own mom is an epitome of evil who wants to "destroy" my life as she has of others around her for ages. Since, I was under her full control (she being a single mom raised me with that after my father passed away), I trusted her blindly on everything. However, a chain of events has opened my eyes to her real self and the web of lies she used to keep me under her control. Hence, I am evaluating my legal options under extreme circumstances.

    My mom is in her home country right now and I am going to visit her after two months to break this news to her that I want her out of my life. After that, she can threaten/ pressure/trouble me with the following:

    1. She visits Australia and pressures me to stay with me in the same apartment. Of course, I don't want this to happen, so do I have a legal right here to ask her to move out of my house? Please keep in mind that I got her PR by declaring her as my 'dependent' - i.e. by proving that I have been providing her money for food, shelter and clothing; that her spouse is dead and she doesn't have a partner; that she has been staying with me for a long period of time in my home country. Hence, if she is my 'dependent' can I ask her to move out of my house and if yes, then what should be the next steps here? For example, do I still need to provide her shelter? Old age homes, etc.?

    2. How much "maintenance money" am I supposed to give her? This money should meet her expenses for food, clothing and shelter. Please keep in mind that she has a property worth 650-700k AUD under her name in her home country and I have been sending her a lot of money (50k AUD to date) until I got to know her truth

    3. If she harasses me by calling/messaging me incessantly or threatens me by hurting herself or hurting me, what can I do? Can I get a restraining order even before she commits such deeds? This means a restraining order on the anticipation of her committing such deeds in the future?

    4. She is a clear cut case of emotional manipulation & psychopathic behavior. Can I prove her mentally unfit somehow before she creates trouble for me?

    5. If she files a case against me/ files a police complaint against me both in the home country and in Australia, how will this affect my path to Australian citizenship from a Permanent Residence?

    Your help will be much appreciated.

  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi marlonbrando,

    with regard to your questions about your obligation toward someone you have declared to be your dependant, apart from any conditions to your Visa which stipulate that you must financially support anyone who you have declared to be a dependant (which I don't know about as I am not an immigration agent) I am not aware of any Australian law that would impose legal obligations on you to care financially for a dependant parent in the circumstances.

    If the apartment in Australia is yours - i.e. your name is on the lease or the title then you can ask her to move out. As regards your visa, is it possible to speak to the immigration office about having her removed as a dependant from your visa?

    As regards steps you can take if she starts harassing you verbally or physically, you may have grounds for a stalking charge - depending on the type and severity of her behaviour, otherwise you may be able to get an intervention order: Family violence intervention orders | Victoria Legal Aid

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