Pushed into PR visa but I want to leave...please help

[NightmareinOz]

Name changed...don't know whether to post here or in relationships. Have been in Oz for a year, pursuing DH's dream/career. He has permanent residency..I am on a bridging visa so no work rights/completely dependent on him. Relationship has gone down the pan & if it weren't for DC I would have left him 6m ago. As a family we applied for PR visas on the advice of migration agent (had only been here a matter of weeks & I'd agreed to come out on a trial of 1-2y). NOW I understand that legally I can't go back to UK with DC without his permission - tonight the shit has hit the fan & I don't know what to do....am feeling desperate, isolated, access to joint account only so can't get legal advice without him knowing I'm spending.
Does anyone have any experience of this? I'm scared things will get nasty if I say I want to leave with DC. DH home soon so might not be able to check for replies till later/tomorrow. Thanks for reading.

[Pooka]

No idea on visa, so bumping.

Sounds like nightmare.

So are you still on bridging visa or now on PR?

[NightmareinOz]

Thank you pooka, total nightmare.
Am on bridging visa but expecting pr decision in the next month.
Am scared this means it's way too late for me to try to return to the UK but the thought of seperating here, when I've no job kills me...

[RichManPoorManBeggarmanThief]

Right- there was a similar thread on here a while ago (someone contemplating what you're now living). The issue with the children (and whether you can return home with them) is whether your DH can prove that you are habitually resident in Australia. On that basis you probably want to avoid getting permanent residency as that does suggest an intention to be habitually resident especially as the 1-2 yr trial thing will not be documented anywhere so will be your word against his.

However, I am not a lawyer so this might be wrong. Is there a CAB equivalent out there who can give you some free advice?

[BlameItOnTheBogey]

How about calling the British High Commission and asking their consular service for advice? They must deal with this kind of thing and understand the PR system etc. And that would be free and confidential. Good luck.

[NightmareinOz]

Thank you everybody for your replies!

We are both British, he has pr from previous life in Oz. We still own property in the UK, rented out. I'm a SAHM here (planned until my pr came through with work rights). Got some free legal advice from UK via my sis who advised this stood in my favour but that I'd need Australian legal advice as custody is normally split 50/50 here.

Am plucking up the courage to phone migration agent, as she is a lawyer & have googled British High Commission...I feel paralysed. But best to know where I stand. Thanks again everyone.

[mummytime]

Could you come back to the UK with the kids for a "holiday"?

[oldnewmummy]

Try British Expats for advice?

What visa are the children on, as I think that makes a difference.

[kelly14]

i am from uk, i moved to oz in 2008 on a PR visa with my daughter (then 3 and my now ex), we split up within about 3-4 months of being in oz, i unfortunately met the biggest * you could ever hope to meet and was stuck in a very violent relationship for near on 2 years.

I decided to come home to uk (arrived back july 2011) for a break, might be permananet, might not (am in dubai at the moment though as parents live here)

To me it was no brainer, i was not and would not ever ask my ex for permission to bring my dd home, in the time we lived in oz, i went back and forth to dubai with my dd about 10 times and never was i asked anything at immigration and then i flew home (via dubai)

Not quite sure what your worrying about, you just book a flight and leave!!, no one is going to question you or not allow you to leave!

[chloeb2002]

Kelly 14 i tend to agree. I ahve never been questioned leaving with DD even tho her bio dad is Australian citizen. I was told that as long as he hasnt requested we dont leave we can. You have to prove that Dc have lived longer in Uk than Aus if he challenges your leaving. Luckily for me my ex never did as DD was born here. So in your shoes id book the flight n go! Or just move either interstate or overseas!

[MumPaula]

OP you might want to also have a look on here www.reunite.org/ on the legalities of just upping and leaving with your child, you don't want to find a year or two down the road your Dh figured out you weren't supposed to go without permission and take you to court or at worse remove the child from your custody. Stay safe and I hope you can get some answers. It's some sort of expat curse when there are kids involved. One loves it one hates it and you get stuck becuse you can't leave without your children.