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Posted

After 3 years of marrige to my Thai wife things have gone sour and we have split up.She hasn't reached the permanent residency part of her visa yet probably 2-3 month's short.My question is what happens now do I ring imigration and cancel my sponsership or what.I belive she can change her visa to some other type to stay in Australia until she gets permanent residency.But what are my obligations cancell the sponsership or not.As usual I lose a new house in Thailand full of every mod con there is.Is it within my right to go over there get a truck and empty the house of it's contents as all was bought with my money.Any advice would be welcome.

Posted

As her sponsor, according to the DIAC website, your obligations during the waiting period before permanent residency is granted are as follows:

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Sponsor Obligations

If you want to sponsor your partner's visa application to migrate to Australia, you must sign a sponsorship undertaking.

If you sign this sponsorship undertaking, the following obligations apply while your partner is in Australia on this visa. You agree to:

  • provide information and advice to help your partner settle in Australia
  • make sure that adequate accommodation is available to your partner. This assistance would cover the two years following the grant of their temporary Partner visa
  • provide support as required that will allow your partner to attend appropriate English language courses
  • attend an interview (if requested by us) in relation to your partner’s application

You also agree to inform us in writing if you withdraw your support for your partner before their application is finalised.

Before lodging an application, please read all related obligation requirements.

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Your wife (the visa applicant) also has similar obligations, inn that she must:

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Adhere to visa conditions and comply with all Australian laws.

Continue to meet all legal requirements for visa eligibility from the time you are granted a temporary visa until a decision is made on your permanent visa, which is usually two years after you lodge your application.

Immediately notify the office handling your application if:

  • you change address
  • your circumstances change
  • your relationship with your partner ends.

See:
Form 1022 Notification of Changes in Circumstances ( 77KB PDF file)
Form 929 Change of address and/or Passport Details ( 89KB PDF file)
Note: Requests to update your address may be processed by telephoning the general enquiries line.
National Telephone Numbers

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It's a shame, and you should both be sure that your relationship really has ended before staring this process, which may end up in her visa (and all the time and money you spent on it) being cancelled. If this happens, she will be sent a notification of intent to cancel by DIAC and will have 28 days to leave Australia or prove that she is eligible for a different kind of visa. Think carefully before you both take this irreversible step.

DIAC will send you a request for two stat decs and ask for other supporting information just before her PR is granted anyway, and if you are no longer together then she will have to leave anyway.

Be aware that she will be able to stay in Australia and get PR regardless if she can prove to the satisfaction of the authorities that you have been abusive or violent - some unscrupulous partners use this route if they are determined to stay after a relationship breakdown. The death of a partner during the 2 year waiting period is also considered grounds for grant of PR.

  • Like 1
Posted

Further to the above, you agreed in writing as her sponsor to support her. All bills medical, shopping, rent, credit cards etc. If you are both genuine about the split, you as the sponsor must notify DIAC immediately.

The reason I tell you this, is a friend of mine went through the same thing as you are going through now. In the end, because he did not notify DIAC, Centrelink, Medicare and the bank where his wife also held a Credit/Debit account, car payments and the account at the garage etc etc

in the end it cost him tens of thousands including the loan for the house they bought just before separating and all rent she did not pay when she moved into a flat.

Be warned, there are heavy penalties for not notifying DIAC as well

For your Information and Action.

  • Like 1
Posted

Better now than later, it could have got a lot more complicated. Theoretically, it is her responsibility to let them know the relationship has ended. But you could do this yourself. It won't necessarily mean she'll need to leave.

Posted

If you bought any Thai property post marriage you have a stake in that assuming you married in Thailand.

Good luck and I hope you are coping OK.

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