Blackmail from ex- aussie immigration

jerryoflynn

hey all.

need a little help with this one, even if its just how I can help a friend out.
i dont know where else to turn.

long story short I get a phonecall from my friend in oz, hes been there for nearly three years and his de-facto relationship ended a couple of months back. he was in bad shape on the phone i know he has anxiety problems.

he was going to remain the final 5months to save some cash organize himself a new visa or return home.

it turns out he gave his ex a loan the year before when they were on the rocks to fix up her house, she paid this back once they split as per an agreement.

it turns out now she wants the money back or she'll report him to immigration.

only thing i could tell him was to cut and run, whos to stop her from doing that again?

aido79

jerryoflynn wrote: »

hey all.

need a little help with this one, even if its just how I can help a friend out.
i dont know where else to turn.

long story short I get a phonecall from my friend in oz, hes been there for nearly three years and his de-facto relationship ended a couple of months back. he was in bad shape on the phone i know he has anxiety problems.

he was going to remain the final 5months to save some cash organize himself a new visa or return home.

it turns out he gave his ex a loan the year before when they were on the rocks to fix up her house, she paid this back once they split as per an agreement.

it turns out now she wants the money back or she'll report him to immigration.

only thing i could tell him was to cut and run, whos to stop her from doing that again?

His best bet would be to go see a migration agent and get proper advice. If she is the kind of person who would do something like this then he is probably not going to be able to convince her otherwise without handing over the cash.
A migration agent can assess his situation and advise him of his options regarding another visa.
Technically at the minute he is an illegal immigrant so he needs to be careful who
who he gets involved

Batgurl

+1 on the above advice

The other thing worth remembering is she could also be in trouble with immigration for not reporting the breakup.

But hell hath no fury and all that.

Immigration may be sympathetic to his cause ie getting his life together after breakup. However he will probably have to get himself sorted and head home soon.

old_aussie

I'd go with either blackmail or extortion.

Let the local police decide

Flanman91

Tell her to f off. I'm she wants to take legal action go along with it. By the time it gets to see a court he will have had plenty of time to sort himself out and be back in Ireland. She's only chancing her arm.

Zambia

jerryoflynn wrote: »

hey all.

need a little help with this one, even if its just how I can help a friend out.
i dont know where else to turn.

long story short I get a phonecall from my friend in oz, hes been there for nearly three years and his de-facto relationship ended a couple of months back. he was in bad shape on the phone i know he has anxiety problems.

he was going to remain the final 5months to save some cash organize himself a new visa or return home.

it turns out he gave his ex a loan the year before when they were on the rocks to fix up her house, she paid this back once they split as per an agreement.

it turns out now she wants the money back or she'll report him to immigration.

only thing i could tell him was to cut and run, whos to stop her from doing that again?

What state is your friend in?

pebbles21

Zambia wrote: »

What state is your friend in?

In an awful state

blatantrereg

Yes cut and run. Cut off all contact with psycho ex. She'll keep doing this sort of crap if she can get a reaction out of him.

Having anxiety problems and being an illegal immigrant sounds like a terrible combination. Simplest solution would be to go home.

Kristopherus

pebbles21 wrote: »

In an awful state

How did he manage to get into Australia illegally?

ct5amr2ig1nfhp

Presume he overstayed his original visa?

Kristopherus wrote: »

How did he manage to get into Australia illegally?

ballooba

What are the rules on breakup of a de facto relationship for immigration purposes? Can he not say that he didn't have closure on the relationship or something?

Mellor

aido79 wrote: »

Technically at the minute he is an illegal immigrant so he needs to be careful who
who he gets involved

Technically, he still has a current, valid visa, so he isn't an illegal. But he hasn't complied with the rukes of the visa.

How long was he in the relationship?
He might have qualified for PR at this stage, outright or even on compassionate grounds.

Flanman91 wrote: »

Tell her to f off. I'm she wants to take legal action go along with it. By the time it gets to see a court he will have had plenty of time to sort himself out and be back in Ireland. She's only chancing her arm.

I don't think you understand.
She isn't threatening legal action. It's nothing got to do with going to court either.
She is saying she'll have his visa canceled. It only takes a phonecall.

aido79

Mellor wrote: »

Technically, he still has a current, valid visa, so he isn't an illegal. But he hasn't complied with the rukes of the visa.

How long was he in the relationship?
He might have qualified for PR at this stage, outright or even on compassionate grounds.


I don't think you understand.
She isn't threatening legal action. It's nothing got to do with going to court either.
She is saying she'll have his visa canceled. It only takes a phonecall.

That's why he needs to get in contact with a migration agent to make him aware of his options. He isn't illegal but he's not abiding to the conditions of his visa so all it will take is a phonecall from his ex to immigration and that may change. If he was de-facto on her visa/citizenship for more than 2 years he may be able to get PR or he may be able to get it through his own skills and experience.

mandrake04

Mellor wrote: »

Technically, he still has a current, valid visa, so he isn't an illegal. But he hasn't complied with the rukes of the visa.

How long was he in the relationship?
He might have qualified for PR at this stage, outright or even on compassionate grounds.

There is no compassionate grounds for the above, there is only a Provision for genuine victims of violence where a visa holder might continue to stay in a violent situation rather than leave Australia.

http://www.immi.gov.au/media/fact-sheets/38domestic.htm

Since yer man is not in a continuing relationship he has no claim to stay in Australia unless he can qualify in his own right.

This ex-girlfriend is just a chancer, worst will happen if she is caught is that she will be barred from sponsoring partners again.

Mellor

mandrake04 wrote: »

There is no compassionate grounds for the above, there is only a Provision for genuine victims of violence where a visa holder might continue to stay in a violent situation rather than leave Australia.

http://www.immi.gov.au/media/fact-sheets/38domestic.htm

I read through a doc last night. Basically said domestic voilence, death of the partner, or where you are sharing the care of a child it could be possible (may only have been related to some visas. But doesn't sound like any of that that applies to the OP.

Since yer man is not in a continuing relationship he has no claim to stay in Australia unless he can qualify in his own right.

I think "his own right" depends entirely on the specific visa and whether he has been here 3 years as a defacto, or 3 years overall.

mandrake04

Mellor wrote: »

I think "his own right" depends entirely on the specific visa and whether he has been here 3 years as a defacto, or 3 years overall.

In his own right would be meeting the criteria for skilled visa, 457 or student visa or anything else he might qualify for.

This is the reason why a de-facto visa is usually a 2 step process 2years temporary and then reapply for permanent if the relationship still is genuine it gives a bit of a delay before a permanent visa is granted unnecessarily.

If he had kids to this woman it would be different, likely he could apply for PR at anytime although no guarantee.

He could be here 10 years on various different visas and still have no claim to stay. A sob story is no reason for migration.

Zambia

Without further from the OP we are simply shooting in the dark.

On the face of it the op has stated his friend is the victim of a very serious crime. The definition of which depends on the state they are in.

A further 5 months will probably not garner you that much money. Unless there is some logical reason to stay here. One should just go home. If the ops friend explains the scenario to DIAC the worst they will do is fly him home?

I don't see the issue. Apart from the whole criminal thing.

markymark21

I reckon he should say yes, but stall her long enough while he gets the second visa. WHV visa takes no time at all, student visa is easy enough as well once you can stump up the fees.

What a vindictive bitch either way. That's the problem when ya get de defecto.. they've got ya by the short n curlys if it goes tits up

GladWrap

Technically, he still has a current, valid visa, so he isn't an illegal. But he hasn't complied with the rukes of the visa.

If he hasn't complied with the rules of the visa, then this invalidates said visa and yes, said holder becomes an illegal immigrant.

AngryHippie

GladWrap wrote: »

If he hasn't complied with the rules of the visa, then this invalidates said visa and yes, said holder becomes an illegal immigrant.

Yes, but there is a process to that too. It's not like Immi have a big ex-factor button that puts you on the next plane.

It's worth discussing it with a legal counsel who deals with immigration, I'd imagine getting a notification in to Immi before the ex does would also be advisable, but the agent/lawyer would know more.

Horrible situation to get burned like that.

Mellor

GladWrap wrote: »

If he hasn't complied with the rules of the visa, then this invalidates said visa and yes, said holder becomes an illegal immigrant.

It's grounds for invalidating the visa of course, but it has to be formally revoked by immigration. He doesn't just become illegal after a undetermined length of time.

And even if they revoke it, he won't become an illegal immigrant straight away as he will put on a bridging visa D first.

GladWrap

Well yes, actually, as per Australian legislation, he does.
And no, bridging visas are not an automatic right. They are granted on a case by case basis.
If a person is found to have a non compliant visa, said person is arrested and detained for processing.
During this processing, all facts to hand are examined and this will result in one of two things - a bridging visa or deportation.

The ex may well be viewed as a complicit party and she may also be prosecuted. Again, the outcome varies from case to case.

Mellor

GladWrap wrote: »

Well yes, actually, as per Australian legislation, he does.

Which piece of legislation, specifically.
After how many days does he become illegal? Wil it be reflected on VEVO etc
By what process is his visa cancelled without any action by immi.

And no, bridging visas are not an automatic right. They are granted on a case by case basis.

I never said it was a right in all cases.
If the relationship breaks down, and they alert IMMI as they should. They aren't going to cancel it making him illegal. He'll be given a BV to make arrangements. It's entirely different to somebody who visa expires and they take their chances on the lam.

A bridging visa D is granted when you don't have a visa, and it gives you only 5 days to either make arrangements to leave Australia or apply for a visa.

NORZ

GladWrap wrote: »

If he hasn't complied with the rules of the visa, then this invalidates said visa and yes, said holder becomes an illegal immigrant.

GladWrap wrote: »

Well yes, actually, as per Australian legislation, he does.
And no, bridging visas are not an automatic right. They are granted on a case by case basis.
If a person is found to have a non compliant visa, said person is arrested and detained for processing.
During this processing, all facts to hand are examined and this will result in one of two things - a bridging visa or deportation.

The ex may well be viewed as a complicit party and she may also be prosecuted. Again, the outcome varies from case to case.

Wow. GladWrap please don't provde any more of your immigration advice as members or lurkers may actually believe/act on it. I'm totally serious.

With regard to OP - the Department will generally not cancel a provisional Partner (820) visa. It will be allowed to stay in effect until the permanent stage (801) is processed 2 years from application, whereupon the permanent stage visa will simply be refused as the defacto relationship no longer exists.

Perhaps the OP can clarify which visa he is on.