Abandoned by Australian citizen husband

Till you are both married, your application for permanent residency cannot be dismissed on his request. You check with Australian Immigration the status of your PR application. Don't agree for divorce unless your Australian PR complete so that you can stay there with your child. The custody of child in Australia like most countries are on equal share basis for both parents. Your right to keep the child of 3 months with you will not be denied even on humanitarian grounds so you should not worry for that. Indian High Commission and Indian Consulate in Australia are there for providing all help to you being an Indian citizens.

Thanx sir for suggestions,,an another question,, i have read on this page ( https://www.abc.net.au/radionational/programs/lawreport/foreign-parents-australian-children/6597136 ) that this matter can be entertained by immigration,, but am ambiguous about that if this will work without divorce or not,, i dont want divorce,, i want my child to live with both of us,, even when my husband may not like to spend life with me,, but he applied for 309 visa,, under which i can live here only for 2 years or until my husband permits,, he did not applied for visa subclass 100,, he already knew that without my approval he was unable to take my child to Australia from india,, i afraid that what will happen if he doesn't apply for my p.r,, but got citizenship of my child approved,, after 2 year he will say go back to india,, what should i do?

You can contact the Indian High Commission in Australia and seek Indian Passport for your child. It may look some what odd to you, but a minor child can have dual citizenship of both parents but when the child attains the age of majority which is in both (Indian as well Australian) laws is 18 years has to decide for which citizenship the child wants to continue. The Indian Citizenship Act allow the child the Indian citizenship up to 18 years after attaining 18 years if child is continuing with Indian citizenship, then that will be revoked and he continues to hold his foreign citizenship.

The Indian passport of minor child can help you to bring the child to India if you are being forced out of Australia at anytime. I'm very much sure the Australian father may not have got OCI for the minor child yet because that has the same status for coming to India which Indian passport holder or visa holder has, he must be sure not to take such step for the child to escape Australia anytime without his consent.

The PR process can be initiated by you, rather asking your husband to to do it while living in Australia. I know it will require your husband's cooperation in this process that you should insist being his wife and mother of the child.

The laws of Australia with regard to domestic violence are very strict and immediate action is taken by the Police department against the spouse committing domestic violence , this well know fact even to your husband, so that help you can seek anytime he's commiting any wrong against you. The recording of complaint for domestic violence can affect the chances for the husband to claim complete custody of minor child anytime in future.

You can contact me for paid professional legal guidance directly if you so desire:  vijaymahajan5758@gmail.com

Check this link for PR of partner of Australian citizen : https://www.immigrationdirect.com.au/family-visa/partner-visa.jsp

 

Thanx for your priceless advice

Thanx for giving me your priceles advice