VIC What Happens if I Divorce Husband on Student Visa?

[Laura425]

Hi guys,

This is actually a very complicated issue for me. I am an Australian citizen about 1 year and a half ago. I got married to an Indian student. All was great at the start. However a few months into the marriage, things started getting strange with him. We started arguing a lot, he would become very rude and condescending and the fights were constant.

We had a baby last year but nothing changed the arguing. And the fights are about his family. He had nothing, no money and I work full time. He wants to bring his sister here and pay for her stay and her studies. We don't have money, I am here trying to look after our baby and he expects these things from me.

I am tired of being used but I am scared of what step to take next. We have applied for a Permanent Residency through marriage, but I want a divorce. Does anyone know what happens with a student if this happens? Has anyone gone through a situation like this? A divorce like this? Any help?

Thank you

 

[Lance]

Hi Laura,

Is your husband on a student visa?

 

[Laura425]

Yes he is

 

[Lance]

Hi Laura

The only real impact I can think of is his requirement to support himself. Someone on a student visa needs to have organised welfare for the duration of his stay and it sounds like you are his welfare. As far as divorce is concerned, you need to be formally separated for 12 months, so you need to get things moving in that direction.

 

[Blessing]

There's really nothing different between. Divorcing a resident or non resident for you.

The only things you need to consider is:
1. You need to have lived separated and apart for continuous period of 12 months before you file

2. If you have been married for less than 2 years, you may need to attend counselling first.

3. As there's a child under 18 the court will need to be satisfied that proper arrangements have been made for the child

 

[457Visafraud]

All was great at the start. However a few months into the marriage, things started getting strange with him. We started arguing a lot, he would become very rude and condescending and the fights were constant.
We had a baby last year but nothing changed the arguing.

I'm in the same situation, I don't understand why those uneducated immigrants are too ruthless and arrogant. They pretend everything and now, things they would "never" have in their homelands.

We have applied for a Permanent Residency through marriage, but I want a divorce. Does anyone know what happens with a student if this happens? Has anyone gone through a situation like this? A divorce like this?

My opinion is to immediately withdraw you sponsorship to the immigration department, there is an online application and I forgot where is it but you can call them with all details handy and they will send you an e-mail with the instructions.

Also go to the Centrelink and fill the form for separation. Avoid any contact with him and save any message, e-mails, calls logs, take screenshots of Facebook or similar sites, everything!

If he tries to contact you, tell him that you feel uncomfortable and if he insists, tell him that you will complain to the Police (family violence).

Best of luck!

 

[Laura425]

I'm in the same situation, I don't understand why those uneducated immigrants are to ruthless and arrogant, they pretend everything and now, things they would "never" have in their homelands.


My advise is to immediately withdraw you sponsorship to the immigration department, there is an online application and I forgot where is it but you can call them with all details handy and they will send you an e-mail with the instructions.
Also go to the Centrelink and fill the form for separation.
AVOID any contact with him and save any message, e-mails, calls logs, take screenshots of Facebook or similar sites, everything!
If he tries to contact you, tell him that you feel uncomfortable and if he insists, tell him that you will complain to the Police (family violence).

Best of luck!

You said you are in the same situation, would you be able to share a bit of your experience, I feel so alone and lost in this and so scared.

 

[457Visafraud]

You said you are in the same situation, would you be able to share a bit of your experience, I feel so alone and lost in this and so scared.

Hi Laura, indeed it can be stressful and scary.
My situation is a bit similar though you're a bit luckier because Laws seem to favour women.
As I advised you earlier:
1) Communicate "immediately" with the immigration department and withdraw your sponsorship.
2) Go to Centrelink and fill a form called "form of separation", in the application you'll have to nominate 2 witnesses who know you more than 1-2 year and aren't your direct family member.
If you give me more information, I might be able to help more, you could send me a private message if you prefer.

Your husband is no more a student as he applied for a Spouse Visa (I guess).
Where is the baby? Keep EVERY invoice/expenses proof, save all text messages, Facebook screenshots etc. etc.
There are many things you can do as a single mum, firstly through the Centrelink also many communities that specifically help women, but I need more information.
Do you live together? You need to kick him out!