NSW will get justice or not

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29 October 2018

My daughter was married to an Australian in 2013. She has a Temporary Resident Visa and applied for Permanent Residency in March 2018 while she was expecting a baby in August 2018. Most of the time, the husband was out and when asked, she was told that he was working and camping.

Shockingly she was served with a divorce paper in April 2018. Now she has a baby girl and going through her divorce procedures. After all these things happened in her life she received a mail from the immigration that she has 28days to prove her stay with her husband in Australia.

Will she be granted PR or will she have to go back to her country and what about her daughter who is only 2 months old?

Tim W

LawConnect (LawTap) Verified
28 April 2014
Your daughter needs the formal, case specific, advice of a lawyer who works in the field of Migration.
Her case is complex - not least because there is the citizenship of the baby to consider.

On the one hand, she could well be an Australian citizen by birth, but on the other hand, we don't do the "anchor baby" thing in Australia.

Also, because there are also questions about Child Support that the father can be made to pay, even when the child is overseas.
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