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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Ii, I am on partner visa 309, I was granted 309 in Dec 2014

Customer Question

Hiii, I am on partner visa 309, I was granted 309 in Dec 2014 and now my wife is forcing me to leave the place and live desperately.. We also have a baby from relationship who is 9months old.. Wat shud I do??? Pls advice
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Are you asking about your rights to spend time with your child or about your visa?

Is she saying the relationship is over and she is not prepared to sponsor you for the permanent visa?

Customer: replied 1 year ago.
she is threatning to cancel the visa..i wan a know my rights to stay in australia and also rights to stay with my child.
Expert:  Leon replied 1 year ago.

Good Afternoon

If she cancels your visa you have very limited avenues.

If you are the subject of violence and abuse then you may be eligible to fastrack your permanent visa

You can seek orders form the Family court about the child if the relationship is over.

If you feel that your visa may be cancelled you can consider an alternative visa such as a work visa 457 to allow you to stay and work.

It is not a simple matter

But you will have to get a specialist migration Solicitor involved to be allowed to stay and she would know this.

Customer: replied 1 year ago.
As we already have a child from the relationship.. Won't it be considered for my stay in Australia??
Expert:  Leon replied 1 year ago.

Good Afternoon

it will be considered but it is not going to be persuasive.