-=|MisterY|=-

Hello,

what happens, in terms of visas, if a married couple comes to Australia
and, after some time, one partner decides to leave the other? I have a
friend of a friend, whose wife left him and married another after a
couple of months after moving to Oz. His life atm seems to be a misery
but what happens in terms of visas?

Thanks!

bondipom

What visa were they on? Were they PRs?

joveazey

Hi,

I think it depends who is the skilled applicant.They can stay but the other one would have to apply for an independant visa - there was that woman on the TV programme who went on a spouse visa and then split up. She applyed and because he had been violent she got it in the end, but she did have a live in job. Hope it works out.

Jo

-=|MisterY|=-

bondipom wrote:

    > What visa were they on? Were they PRs?

Not sure. I will check it out. I assumed it was Skilled Independent
since they do not have a family there.

JAJ

Basically if the spouse has a PR visa (and has validated) he/she can stay, regardless of circumstances.

The case mentioned above concerns what can happen when someone has a *temporary* visa.

If a couple migrate together as skilled indepdenents (eg on a permanent subclass 136 visa) and subsequently split up, the spouse of the main applicant keeps a PR visa.

Jeremy

-=|MisterY|=-

JAJ wrote:

    > If a couple migrate together as skilled indepdenents (eg on a
    > permanent subclass 136 visa) and subsequently split up, the spouse of
    > the main ap- plicant keeps a PR visa.

Thanks, Jeremy!
Both of them are still in Brisbane, so I guess this is true.

SarahMarx

Hi,

I just want to clarify this for my own benefit.

If a married couple applies together on a 136 visa and split up, they both keep the visa? Even if only one of them had the skills to migrate? ie the spouse doesn't have a full university degree nor any real work experience? What if that spouse never actually moved to Australia, but went there on holiday together with the spouse only to validate the visa?

Thanks

JAJ

Provided visa is validated before they split up (not afterwards) - yes.


Spouse keeps visa.


Spouse still keeps visa - however if not living in Australia, will likely lose PR when the visa expires.

Jeremy

Lucyemma5

Basically I reitereate what Jeremy has said, my Mother-In-Law and Father-In-Law emigrated together and are now divorced. My M-I-L is about to get married to somebody else.