Marrige to Thai in Australia goes sour now what do I do

[roadking96cube]

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.

[Mario2008]

You have two questions, that might be best split.

1. immigraiton status, which they best answer here

2. divorce, which they might betetr answer here: http://www.thaivisa.com/forum/forum/164-marriage-and-divorce/

The money for the land (and house) in Thailand is not necesarrily lost completely. You might be entitled to half of the value, as gained during marriage.

[Thanyaburi Mac]

Divorce? In Oz? Or in Thailand? Amicable or contested? Lots of differences.

Mac

[Thanet]

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

___________________________________________________________________

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.

__________________________________________________________________

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

_________________________________________________________________

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

___________________________________________________________________

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.

[OZEMADE]

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.

Edited October 2, 2013 by OZEMADE

[Jasun]

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.

[David48]

First of all ... something that hasn't been said is that ... we are sorry that this has happened.

Sometimes, when we get caught up in all the technical side of a split, we lose sight of the emotional side of it.

Man, you must be feeling some pain and I'm sure it's not easy to do.

The advice given above is solid and you must instantly inform the Immigration department and tell them that the relationship is at an end.

Delay not a day. You can ring, but also you must have it in writing as government folk love paperwork.

Also you might wish to drop by the local police station and inform them also as if she starts to claim (unfairly) domestic violence and all that <deleted> they are forewarned. Don't think it won't happen!

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.

I and I'm sure many of the other members here wish you the bet of luck and come back in a month or two with a follow up so that we know what happened and we can also have the knowledge.

Edited October 2, 2013 by David48

[lormakmak]

I feel your pain as also happened to me.....

I don't know how amicable your split is but the advice I had was to make sure that she cannot touch my assets, report her to the authorities and make sure she isn't going to accuse you of domestic violence towards her either physical or mental...I am led to believe if that happens she can build a case against me and I will be the last to know about it.

My soon to be ex-wife was absolutely useless when she was with me in regards that she wouldn't even attend the doctors by herself and other things much less demanding or taxing to the brain, so I am suspicious as to who is in her ear and possibly advising her....

My question to you OP is...

1, is she still in contact with you or has she gone to ground and won't face you to talk?

2, are you receiving any letters from her bank where by direct debits/standing orders are being rejected due to lack of funds?

3, if she has a facebook account are blocked? Has she changed her mobile phone number?

If you feel the need you can PM me but it took me a while to realize I had been used purely for the visa as at first I was in denial and extremely embarrassed and still am to a certain extent.

All the best

[Jay Sata]

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.

Edited October 2, 2013 by Jay Sata