rubbeldiekatz

Hi all,

long time no speak.

Just a quick one one today, does anyone know whether there have been changes to the Spouse Visa at all?

A friend seems to think that one now has 3 months to leave the country after DIAC has been informed of the breakdown of a relationship? I understand it was only 28 days - I know for a fact that it was 28 days as I had to go through all of it years ago.

Thank you all !!!!!

paddyo

28 days seems rather harsh!!!!

Dorothy

Well, it depends. Are they on the temporary part of the visa or has the PR part been issued?

And yes, it's usually 28 days from what I understand.

rubbeldiekatz

No they are still on the Temp part.

Pollyana

Still 28 days as far as I'm aware. They shouldn't inform DIAC until there's no chance of rescuing the relationship

xhuyx

It's 28 days counting from the day you receive the letter from DIAC confirming the official decision of your application.

it's the best to withdraw your application before DIAC make the decision if you know for sure there's not a chance to rescue the relationship. Then you will not have a record of DIAC refusing your visa application.

StSabre

I think the person concerned already has the provisional visa.

Pollyana

When notifying DIAC that the relationship is over they will also have to notify DIAC that they are withdrawing the Spouse PR application - they cannot continue without it if the relationship is over - except in a few rare cases such as if there is an Aussie child involved, or if domestic violence has occurred.

rubbeldiekatz

Thats what I thought, thank you Guys !!!

George Lombard

Hallo Herr Katze,

We see people quite frequently who have morphed to a new relationship while still on a temporary spouse visa sponsored by someone else, so the question is really how much time do you have after advising DIAC. If you advise DIAC and withdraw the permanent application associated with your temporary visa and then, yes, it's 28 days. If one the other hand you advise DIAC but don't withdraw the permanent visa application then it would take longer for DIAC to make a decision (having ruled out the three grounds under which you're able to stay) and then you can appeal to the MRT. This might all take longer than two years.

Cheers,

George Lombard

spousalvisa

This might be a weird question but just want to know what people make of that.


For visas that have been granted on spousal relationships, it it ethical to retain the visa even if the relationship breaks after the 2 year period.( i know it does not impact the visa).

My friend is going through a divorce and is from france. she is now an aussi citizen but initially came to aus through her husband's sponsorship... someone rude to her said she should get the hell out this country as the relationship no longer exists and it is no longer ethical to remain an aussi citizen....

Wonder what people feel about this?

old.sparkles

Hi spousalvisa,

That was very mean - I would tell your friend to ignore comments like that.

George Lombard

Ethics? DIAC? There are some very complex issues there, thankfully they don't arise in this case.

If she has the permanent visa according to the rules then there is no issue - and no-one should be forced to remain in a relationship in order to retain citizenship.

Cheers,

George Lombard

spouse of scouse

[QUOTE=spousalvisa;10743676]This might be a weird question but just want to know what people make of that.


For visas that have been granted on spousal relationships, it it ethical to retain the visa even if the relationship breaks after the 2 year period.( i know it does not impact the visa).

My friend is going through a divorce and is from france. she is now an aussi citizen but initially came to aus through her husband's sponsorship... someone rude to her said she should get the hell out this country as the relationship no longer exists and it is no longer ethical to remain an aussi citizen....

Wonder what people feel about this?[/QUOTE

Your friend obtained her Australian citizenship legally. She's as entitled to live here as I am, who was born here, as were my parents. The person who was so abusive to her sounds like an idiot.

Pollyana

She came here in good faith, she was in the relationship for as long as she could be, and at no time did she claim to be in a relationship with her sponsor when she wasn't - so what's the problem? Many people also came here as spouses of people who got skills visas, their marriages have broken down too, yet they have PR and can stay. Of course its ethical. The only time it isn't ethical is when the relationship isn't genuine and they are together SOLELY to get one person a visa.

I came here on a Prospective Marriage Visa, in good faith, my then partner and I intended to stay together forever - but we didn't. The relationship collapsed a few years after I got PR, though we are still friends. I'm now a citizen. I have a few choice words I would like to say to the person who spoke to your friend........and they aren't polite!