British Expats

British Expats (https://britishexpats.com/forum/)
-   Immigration, Visas & Citizenship (Australia) (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/)
-   -   Divorce (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/divorce-124400/)

colin.helen Jan 2nd 2003 12:48 pm

Divorce
 
I emigrated to Sydney with my husband in July 2001 on a permanent residents visa (obtained with his qualifications). I returned to the UK a couple of months later and we are now divorced. I am looking to return to Oz within the next couple of months. I hold a permanent residents visa until 2005. Will this be a problem my returning now i am divorced?
Thank you

colin.helen Jan 2nd 2003 7:51 pm

Hi

I just wanted to keep this post near the top until I got a reply!!

I am posting this for a friend who basically doesn't want to find her PR is invalidated now she is divorced.

Thank you

Helen

65 million Jan 9th 2003 10:12 am

I may be wrong, but I think as long as you (both) have lived in Australia for a minimum of 2 years prior to your visa expiring you should be OK. If however after that date you leave australia and try to return you may have problems.

Check out the attached link which explains how your Visa works...

http://australianz.topcities.com/permanent.htm

All the best
65KK

ptlabs Jan 9th 2003 10:40 am

Re: Divorce
 

Originally posted by colin.helen
I emigrated to Sydney with my husband in July 2001 on a permanent residents visa (obtained with his qualifications). I returned to the UK a couple of months later and we are now divorced. I am looking to return to Oz within the next couple of months. I hold a permanent residents visa until 2005. Will this be a problem my returning now i am divorced?

I am posting this for a friend who basically doesn't want to find her PR is invalidated now she is divorced.
So, is this question for you or for your friend?

If you have an immigration-related question you want to ask, please remember to leave the "Do not send to Usenet" checkbox unticked. This will allow the Usenet readers like George Lombard, Jeremy (JAJ) and others to respond.

The answer to your (or your friend's) question is:

If you (or your friend) got your (or your friend's) PR visa based on your (or her) hubby's skills for a skilled visa class, you (or your friend) are (or is) a permanent resident, regardless of whether the marriage is still alive now.

(ok, I'm tired of the you-or-your-friend gig!)

If this is the case for your friend, she will continue to be a PR of Australia until her PR visa runs out 5 years from its date of grant, and this is independent of her marital status.

However, if your friend got her visa via a temporary spouse route (unlikely based on your first post), she will have to inform DIMIA immediately that her marriage is falling apart, and her case will be looked at on a case-by-case basis.

So, it really depends on whether she applied for her PR visa with her hubby as his spouse even before he got his PR visa, or after her hubby got his PR visa.


Peter


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