friend in sticky situation... re: immigration/arranged marriage/unhappy

[BbBbBh]

What state does she live in? I know a woman (hugely expereinced in these things) who would talk to her if she lived in Sydney and it would cost her nothing. I'm not sure if she would do it over the phone though if she lived outside of Sydney.

[mrstuilawa]

What an awful situation for your friend op!

I would suggest she speak to someone at dept of immi about the circumstances. She will need to be careful how she words things though, the last thing she needs is to end up in a detention centre. My advice would be to say that the marriage hasn't worked out, she is very unhappy and would like to return home.

Dh had an ongoing battle with immigration for 4 years, one of the things I discovered is some diac officers are helpful and some are downright nasty. I wouldnt seek legal advice from anyone other than an immigration lawyer as its such a specific area of law (even the immigration lawyers can get it wrong). There are also community centres etc (depending which state you are in) who offer free legal advice for immigrants etc so maybe worth seeing if there is something like that near you?

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[MuminMind]

Grrrrr, my phone just died mid-response (it was huge) and I lost it!

I will bump and subscribe to the thread, until I get onto my computer later tonight.

[ciaomamma]

I think if she's happy to go back she should tell immigration about the arranged marriage chances are she'll get a one way ticket and an annulment. The guy will be charged for the scam. It's not feasible for her to get a working visa and divorce blah blah that's just very lengthily very expensive. She needs to come clean to the authorities tho I suggest maybe she should send the kids back home for a "holiday" so they're shielded from the coming mess that would ensue.

[pisang]

I would call immigration first for her and don't give any names.
Explain the situation simply as the marriage is a sham and friend wants spouse visa cancelled and to go home what does she do ?

Simple as that and immigration will tell u what to do.
I'm pretty sure if she calls to say marriage is a sham she will be deported but need to be careful because u don't want her going to detention and also she will be banned from returning to Aus I think it's for. 5yrs??
Anyway best to ask immigation

[MuminMind]

Oh, what the hell, I'll respond on my plugged in phone now, otherwise I might forget.

Firstly, what a difficult situation to be in for your friend. But how lucky she is to have met you!

Now, do you know the exact visa she is on, including subclass? (The number) is she on a temporary permanent spousal visa waiting for her permanent partner visa? (This visa usually is valid for two years or so, until the permanent partner visa is granted. Once on a permanent resident visa, she could still remain in Australia, after the relationship breakdown) To be cynical, if she want to save up for her flight home, it would be advices to wait until she has enough money, and then revoke her spousal visa application.

i would recommend that she calls immigration, but request to have her privacy respected, refraining from giving them her name and client number. This way nothing she says will be used against her down the track. she can also request a phone interpreter, which is a fairly straight forward process. It would probably be really helpful if you were there by her side when she calls, regardless.

Alternatively, there might be a service or program in your community, that provides free migrant advice and advocacy. Sometimes they operate out of a community/neighbourhood centre, etc.

Please keep us updated on her situation.

[mrstuilawa]

Pisang you're right its 5 years, unless she married another Aussie and applied for a spouse visa but I don't think that will happen

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[MuminMind]

Also want to add:

Regarding the divorce/annullment process, she would probably benefit from speaking to a solicitor at her local, free Legal Aid Centre. (If there is such a thing where she resides) Alternatively there are advisory legal aid helplines that hopefully could be helpful for her. I am on my phone at the moment and cannot provide any links, but perhaps you could sit down and google this sort of information with her.

[lovesushi]

From what I read in the immi website I don't think your friend can apply for work visa. It's only for a few countries not including The Philippines. Could she be able to hold it for a while, work cash in hand (cleaning, Asian market, restaurant etc) until she has enough money to buy tickets home? I guess it would be hard because noone looks after the kids and the "husband" family may not want her to go out. Do that family pay her for looking after their disable member? Could she consider come clean or make up a story to her bf back home so he can send her money to buy tickets? How is she treated, do they abuse her (making her work like slave etc)? Please don't quote me on this but i've heard a story of someone in a similar situation, she was violently abused, reported for DV, got help to move out and was immidiately granted permanent visa.

[mrstuilawa]

There is a domestic violence clause but you have to jump through a million hoops. My husband had a four year court case with immigration because him and his ex wife seperated because of dv (she was abusing him, punching, scratching his face, threatening to stab him, etc) and he still ended up being sent back to Fiji.

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