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Australian Citizenship - Marriage Breakdown?
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Australian Citizenship - Marriage Breakdown?

I am looking for some information. Basically, I am married to an Australian, we have been together 2 years but only been married since December. I am here on a marriage temporary visa and am wanting to leave due to mental abuse. Where do I stand with being allowed to stay in Australia? Does anyone know what my options would be? Thanks







Ozmaniac
Rating
The following is what the 2007-2008 DIAC Annual report says on the subject. The onus will be on you to prove domestic (family) violence: "Australia’s Migration Program enables people (generally those who are in Australia on Provisional Partner visas) to apply to remain in Australia if a partner relationship breaks down due to family violence. The family violence provisions were introduced in response to community concerns that some partners might feel compelled to remain in abusive relationships rather than end the relationship and be required to leave Australia. On 15 October 2007, the migration regulations were amended to reflect amendments to the Family Law Act 1975. These amendments included updating the term and definition of ‘domestic violence’ to ‘family violence’. Legislation introduced in July 2005 allows the department to refer doubtful claims of family violence to an independent expert with extensive expertise in family violence matters to ensure that only genuine claimants access the provisions. The opinion of the independent expert (currently gazetted as Centrelink) is binding on the immigration decision maker. These change were developed in consultation with the Office for Women and the Partnerships Against Domestic Violence Task Force. Departmental reports indicate that 502 applications with claims against the Family Violence Provisions were made during 2007–08. At 30 June 2008, there were 74 referrals to Centrelink by departmental officers, a rate of less than 15 per cent of the total number of applications with family violence claims. Of the 61 referrals finalised by Centrelink up to 30 June 2008, there were 40 findings of family violence having taken place and 21 of no family violence. A further 49 referrals to Centrelink were made by the Migration Review Tribunal. Of those finalised, there were 19 findings of family violence having taken place and 26 findings of no family violence." In other words, you have a chance of being allowed to stay and to get your permanent visa, but it is by no means assured. http://www.immi.gov.au/about/reports/annual/2007-08/pdf/outcome1-outputs.pdf (Page 44)


tuppenybitz
Rating
if your marriage doesn't last 2 years you have no options, a permanent visa will more than likely denied


Bethany
Rating
i would ask the immigration department and if they refuse to help you could go on a t.v show such as today tonight or ACA to get your story heard and then you would have more chance of staying because people are aware.







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