# Separated marriage and visa - what to do?



## krunchy (Jun 13, 2011)

I am sponsoring my wife from France and she is on temporary residency. She has a job and is having a good time and all, but we separated about three weeks ago and I do not know whether I am supposed to tell immigration or not. I am not exactly happy with her at the moment, but I think kicking her out of the country is a bit harsh! Is there a liability on my head for telling the truth that we are separated to immigration? Can I be punished? Also, if I did withdraw my sponsorship, does she have any way to simply make it on her own? She works as a freelancer so sponsorship at work isn't too likely but is possible. I don't imagine she can get a defacto if she is with another guy. I don't want to be responsible for her getting kicked out, but we will have to separate/divorce eventually!


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## whatnext (Aug 3, 2011)

You will have to tell immigration because soon enough you will have to submit the documents for her permanent visa and unless you are willing to lie for her they will find out then anyway. There is no consequence for you but if she does not have children here or a compassionate reason( spouse abuse) then her temporary visa will be cancelled. I don't how long it takes for them to cancel it but once they do it's usually 30 days to leave the country. 

Without a skilled visa I don't see any other option for her unless she had been living with another man for 12 months ( defacto visa). If she fits age and country requirements she may be eligible for a working holiday visa. 

I think you should call immigration and ask them how long it takes them to cancel a visa. If its very very fast you could maybe wait a month or so to give her more to finalise her life here but you really should tell immigration in the next couple of months otherwise you could be in breach of immigration laws.


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## Boboa (Mar 24, 2009)

You should notify immigration. As long as she is on your visa you are responsible for everything she does. So if she does something wrong .i.e. shoplifts/ get to drunk/ etc you'll be having that on your file and you'll have to pay any associated costs (I.e. court and such). Also when applying for citizenship or RRV you'll have to explain what happened and why. Since both applications need spousal signatures. 
Best option would be to notify immigration, a simple letter should do. They give 4 weeks (extendable) for her to find another sponsor or leave the country. However you'll have peace of mind at least.


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## krunchy (Jun 13, 2011)

Shit. I really don't want to kick her out of the country. That is a horrible thing to do. She is working freelance and her tax is not being withheld, which really worries me. It sounds like if she skips the country with a big tax bill then I am left liable for it. She is making big money as a freelancer and I don't want to pay that tax!


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## krunchy (Jun 13, 2011)

She hasn't used up her WHV and is not 30 yet (although she is 29 turning 30 this year). She will probably have enough money to justify her visa soon as she is making fat cash. Would she have to leave the country to apply for the WHV and then re enter? That's always expensive. If she can just go from her temporary residency to a working holiday visa that might work out. 

Also, you said that I would be in breach of immigration law. It has only been four weeks and it is fair that I may have some expectation of getting back together. Do you know the exact law on that. Should I have reported this to immi once we started living separately, or can we justify that in our separation process as something we were doing the save the relationship?


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## go tham (Mar 2, 2012)

krunchy said:


> She hasn't used up her WHV and is not 30 yet (although she is 29 turning 30 this year). She will probably have enough money to justify her visa soon as she is making fat cash. Would she have to leave the country to apply for the WHV and then re enter? That's always expensive. If she can just go from her temporary residency to a working holiday visa that might work out.
> 
> Also, you said that I would be in breach of immigration law. It has only been four weeks and it is fair that I may have some expectation of getting back together. Do you know the exact law on that. Should I have reported this to immi once we started living separately, or can we justify that in our separation process as something we were doing the save the relationship?


I can see your struggle but you do have to approach this logically and from your own point of view. I am certain you are not in a hurry to " kick her out" and I am more certain you are not in a hurry to sponsor another fiance, but at some point in the future you might....the longer you play around with this, the more jaundiced immigration will become about you as a sponsor.
You did not create the law and you can only do your best in the relationship. Just do not let the relationship issues cloud your judgement or your liabilities


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## Realman2011 (Jun 14, 2011)

I think i should say something about this , from my own perspectives it seems that you still love her. Just try to settle everything with her so that both of you can be happy again since you are not willing to kick her out of the country.


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## audsrulz (Mar 28, 2012)

krunchy said:


> Also, you said that I would be in breach of immigration law. It has only been four weeks and it is fair that I may have some expectation of getting back together. Do you know the exact law on that. Should I have reported this to immi once we started living separately, or can we justify that in our separation process as something we were doing the save the relationship?


Hi there, so sorry to hear about your situation  I too am separated from my Australian citizen husband (I am a US Citizen and have moved back to the US) and have already started divorce proceedings, but luckily in my case he has not withdrawn sponsorship and we have a child from the marriage, which made me eligible to apply for my subclass 100 Permanent Residency visa. My husband and I are still trying to resolve our issues even though things are not looking good, so please do not give up hope!

However, I was required by law to notify the immigration department about the change in my circumstances and send them a form with my new contact information. Once I sent them that, I was given a list of options on how to proceed with my visa.



> Should I have reported this to immi once we started living separately, or can we justify that in our separation process as something we were doing the save the relationship?


I did not actually inform immigration that we were living separately until much later after the fact. I did inform immigration that although we are separated, we are still trying to resolve our issues and eventually settle in Australia as a family.


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## krunchy (Jun 13, 2011)

We have no children which might change the situation. I really don't think this is repairable. I contacted her about this and it got complex pretty quick. Tears and unintelligible conversation flowed I have no idea what has happened. I am a bit confused. I fear the worst in all of this. 

Thank you for all of your advice. I will take it on board. I'm going to have to tread carefully for a while.


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## cathyjoy (Oct 14, 2011)

That is so sweet that you have such caring feelings for someone who I gather has broken your heart. When you say, you "fear the worst", do you mean that you are concerned her welfare? If that is the case, you can only do what you can do and make sure you also look after yourself and not be taken advantage of. Speak to immigration. I actually spoke to someone today about my issue where my husband has deserted me (talks about getting back together "I love you" etc, but he is not with me !!!!!!!) and although I didn't exactly get the answers I wanted, I found them to be extremely helpful and caring and even suggested I get on some of these forums to find out what others have experienced. I came onto this forum today, searching for information about marriage breakup [after only 8 weeks!!] whilst visa is still processing. I should immediately withdraw my sponsorship (as partner visa is still in process), but I am still very much in love - but hurting - and am committed. However, as time goes on, I have to be realistic and if I have been "played", then as much as it hurts, I will have to inform Immigration. After speaking with the department today, I have been assured that I do not have to "withdraw immediately" and that the commitment in my heart, would in fact, realistically prevent me from doing such a thing at this fragile stage - it would go against the grain, so to speak. I was impressed with the compassion shown from the immi staff and she was willing to speak to me for as long as I wanted. She gave me "human" suggestions and we discussed scenarios such as what would happen if I withdrew sponsorship - the possibility that he may just get another sponsor through his job (although I think then it becomes a different visa). Its starting me thinking just how important I am in his life and if this is a "real" marriage after all. She said that if I ever do wish to withdraw sponsorship, when I am ready, that I should provide all information - some of which may reveal that my husband did not intend the marriage to be genuine and that perhaps he had Plan B, Plan C and perhaps Plan D. I wanted to know if there would be a "black mark" against his name when his passport number came up. She said she wasn't aware of what the situation would be. So we laughed and I said "well you've been NO help at all !" and she knew what I meant. She was extremely helpful within the parameters of the rules. Cheers - hope this helps


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