Nicola :o)

Hi!

Does anyone know what happens, if you are married to an Australian Citizen and you divorce before you have the Permanent Residence after the two years time? What happens to the money, you have invested in projects you have started there together?

Nice weekend to all!
Nici

Merlot

My guessing would be your assets would be split in the same way as any divorce but the bit about retaining your temp spouse residency I think you may need to look into, or JAJ (Jeremy) will be able to advise.

When I had temp spouse visa I understood if we split up, only if I could offer a good enough reason, could I stay in Australia, I think before PR status you don't get many rights and may have to leave . . . but I could be completely wrong, so don't quote me.

Speak to the Immigration Department.

Best of luck
Merlot

JayDeee

I think as Merlot says assets would be split in the normal way.

As you are still on the TR I dont think you will be allowed to stay in Australia and get your PR as the whole point of the 2 years on TR as to prove the relationship is genuine and on going, As you have split up you can no longer prove that.

There were some clauses in it such as death of your Australian partner or domestic violence but I cant remember exact details.
Kala

snowbunny

What if there were children born to the marriage?

Merlot

I think this is the cloudy areas of Temp Spouse Visa's and staying, I guess this is one of the "merits" you would be judged on.

M

JayDeee

Found the info you need


If the relationship ends before the second stage of processing
If the relationship ends while you have a temporary visa, you must inform the department immediately. You may still be eligible for a permanent visa, without having to fulfil the normal two-year waiting period, if:

after entering Australia the relationship breaks down and you or a member of your family are the victim of domestic violence committed by your spouse; or

after entering Australia the relationship breaks down and you and your Australian spouse have children under 18 years of age; or

after entering Australia, your spouse dies.


Full details can be found here

http://www.dimia.gov.au/migration/fa...ers/spouse.htm

Kala

mlbonner

Hi

The info, Kala and Merlot have given you is correct. Seek advice from an agent or at IARC to see where you stand on the situation.

moneypenny20

Isn't that what happened to the woman on "No Going Back"? The only way she got to stay was because she was able to prove the police had been called about hubby's violent behaviour. Otherwise she would have had to leave the country.

chatty34

Yes, you are right. I remember that one well and was really pleased when she was allowed to stay especially for her teenage daughter
Would love to know what happened to the other woman, who's partner came back to England but she was trying to stay on a business visa if I remember rightly, she was trying to build up an fitness business.

Nicola :o)

Hi!

Thank´s very much everyone for the information.

Nici