victorgreen

Background : I am married & have no kids. I have applied for divorce & the proceeding might take more than one year to finalise (contested divorce) I have my skills assessed as Suitable. I am filling up Form 47 sk & dont want to include spouse in application & need advice regarding the following


1. I will be attaching a note to DIMIA explaining why my spouse name is not to be considered for immigration. Is any declaration from my spouse needed?? ie she has no objection to my migration etc

2. In the spouse detail section should I fill in "Not Applicable" or still have to include spouse details?

3. If spouse details are still to be filled what to fill in spouse passport details. I dont have her passport details etc what is to be done in this case??? spouse is not staying with me & wont give details

4. Is marriage certificate still to be attached

5. In Part -F (Other family details) Are details of parents/brothers/sisters to be filled?? or only to be filled if they are migrating with me. In my case I am the sole applicant with no parents/brothers/sisters migrating. Hence should I fill these or say "Not Applicable" as not migrating with me.

6. My application is pretty straight forward (Skills - Already assessed -60 points) Age (25 points) IELTS Scored 7.0 (20 Points) & Work Experience 3 yrs out of 4 yrs (10 Points) ie 115 Points. Should I apply directly or go thru an agent (Because of Divorce proceedings)

Any one reading this forum is requested to help urgently

Thanks

Victor Green

macnet1

Hi mate,
IM only offering advise on what I'm familiar with here so don't take it as gospel

1.You will still have to include all details of your spouse from what I can understand, you are a free person to do what you like and will not need a declaration from your her.

2. If your wife is not going and you have explained in that note then you should not fill this section in.

3. same as above

4. YES this is very, very important and at some stage you may need your divorce cert. A letter from a solicitor saying that your in the processes of getting a divorce would be even better with your application.

5. If you have any living parents brother or sisters, sons or daughters, no matter were they are you MUST put these down with all the required details.

6.
I would recommend an agent, I’m presently going through an agent in Parramatta, NSW who is very,very good if you want the details let me know.( I live in Edinburgh, Scotland and spent two years in oz and found from advice there that it was better going through a registered agent and there not expensive - exchange rate and all that !).

cheers
macnet

victorgreen

Hi Buddy, (macnet1)

Thanks for your quick response. I am a bit confused about your reply to 1st & 2nd points. In 1st you are telling I will have to include all details of spouse & in 2nd point you are telling that if I have included a note then details are not required to be filled . So I would like to know that if I include a note do I still have to fill details in the Spouse section. (Part C of 47sk)

I would also like to have more opinions/suggestions from members browsing this site.

Thanking you once again for your reply

Victor Green

macnet1

Yeh sorry Victor,
noted the answer was confusing after I posted it and then it would not allow me to change it.
My interpretation is that you don't have to include your wife, and I'm sure other forum members will advise on this issue.
Your the only person that is applying therefore she does not have to be included in the part of the application to go with you, however, the list that includeds relatives such as mother father brothers etc should have a section about ex-partners etc I know she is not your ex yet- but I would put her in there.
Once again I would strongly suggest going through a registered agent or at least speaking to one.

I'm sure there is one or two that come on here and advise.

You have not stated if you have any children that might be important to mention here as that might have an effect.

Cheers
Macnet

victorgreen

Hi Macnet

Thanks once again for your quick reply. I have no kids & I have mentioned it in the begining of my query.

I would appreciate if george lombard / peter /steven /ptlabs & other senior members who have till date helped so many people would offer additional opinion/advice

Victor Green

Vegemite Kids

Hi Victor,

I think that when you fill in the form in Q1 you answer ONE, in Q17 you answer SEPARATED and in Q18 you answer NO and attach the stat dec that is requested and mention in the stat dec that there are no children.

Then you can ignore Part C and other bits (Apart from maybe Q52)as all the spouse details will be covered by the stat dec.

Not 100% sure about this as we applied under defacto, (me sponsor, Chris applicant). However for our situation, Chris is still legally married to his ex-wife, and will be going for divorce at the five year point. We had no documentation to prove this apart from the fact Chris and I have been together for 4 years. It wasnt a problem for the granting of our visa, so hopefully as long as you explain your stiutation clearly in the stat dec you should be OK.

If you wife is happy to do a stat dec as well, then I think it wouldnt hurt to attach that also.

Good luck with your application
Mairi

victorgreen

Hi Mairi,

Thanks for your reply. Its nice to know that you got your visa approved. Did you use any agent? Should I do it myself or use a agent

Thanks

Victor

Nikhil

Hi Victor,

I am not in a position to advice you but feel that the section regarding parents/sisters/brothers is not necessary to be filled, in case none is migrating with you.

Anybody pl correct if i am wrong

Nikhil

ptlabs

Victor,

> Background : I am married & have no kids. I have applied for
> divorce & the proceeding might take more than one year to
> finalise (contested divorce) I have my skills assessed as
> Suitable. I am filling up Form 47 sk & dont want to include
> spouse in application & need advice regarding the following
>
> 1. I will be attaching a note to DIMIA explaining why my
> spouse name is not to be considered for immigration. Is any
> declaration from my spouse needed?? ie she has no objection
> to my migration etc

It won't hurt if it's included.


> 2. In the spouse detail section should I fill in "Not Applicable" or
> still have to include spouse details?

You are still legally married - so I would think it's appropriate to fill up this section.


> 3. If spouse details are still to be filled what to fill in spouse
> passport details. I dont have her passport details etc what is
> to be done in this case??? spouse is not staying with me &
> wont give details

Put down "unknown" and explain it in your covering letter.


> 4. Is marriage certificate still to be attached

It won't hurt, would it?


> 5. In Part -F (Other family details) Are details of
> parents/brothers/sisters to be filled?? or only to be filled if they
> are migrating with me.

No. You should fill in Part F even if they are not migrating with you. In fact, other family members are not supposed to migrate with you - only dependant family members may do so.


> In my case I am the sole applicant with no
> parents/brothers/sisters migrating. Hence should I fill these or
> say "Not Applicable" as not migrating with me.

See my answer above. Fill the section up.


> 6. My application is pretty straight forward (Skills - Already
> assessed -60 points) Age (25 points) IELTS Scored 7.0 (20
> Points) & Work Experience 3 yrs out of 4 yrs (10 Points) ie 115
> Points. Should I apply directly or go thru an agent (Because of
> Divorce proceedings)

It's entirely up to you. Bear in mind that a divorce in progress may take a turn for the worse - but as you have no kids, it is considerably less messy. Speaking with a registered migration agent with experience in such matters won't hurt.

Peter

victorgreen

Hi Peter

Thanks for your reply. I am a bit confused about your below reply/advice

> > 5. In Part -F (Other family details) Are details of
> > parents/brothers/sisters to be filled?? or only to be filled if
> > they are migrating with me.
>
> No. You should fill in Part F even if they are not migrating with
> you. In fact, other family members are not supposed to migrate
> with you - only dependant family members may do so.

What does the "No" mean?? Are details of parents/brothers/sisters to be filled or not to be filled if they are not migrating with me.

Sorry but your reply is not clear to me hence am writing back. Also in the earlier reply Macnet suggested it is not necessary to fill spouse details if a note is attached. I am also a bit confused about this too as you are suggesting that there is no harm if I include spouse details. SO Finally should I fill up the spouse section or Not?

Thanks

Victor

ptlabs

> Originally posted by victorgreen
> I am a bit confused about your below reply/advice
>
> > > 5. In Part -F (Other family details) Are details of
> > > parents/brothers/sisters to be filled?? or only to be filled if
> > > they are migrating with me.
> >
> > No. You should fill in Part F even if they are not migrating with
> > you. In fact, other family members are not supposed to
> > migrate with you - only dependant family members
> > may do so.
>
> What does the "No" mean??

Apologies. 'No' was meant to answer your second question (or only to be filled if they are migrating with me).


> Also in the earlier reply Macnet suggested it is not necessary
> to fill spouse details if a note is attached. I am also a bit
> confused about this too as you are suggesting that there is no
> harm if I include spouse details. SO Finally should I fill up the
> spouse section or Not?

I think I've answered that already, no?

Peter

victorgreen

Hi Peter,

Thanks for your reply. I feel I am now ready to fill up & send my application to DIMIA.

Thanks to all those who helped me. This forum is really great!!!!.

Thanks

Victor

******* would be very grateful if George Lombard /Steven too give an opinion.

Vegemite Kids

Hi Victor,

We didnt use an agent but then defacto spouse visas are normally very straightforward and because Berlin do interviews we thought well... we will just explain anything at the time.

For skilled independant, interviews are not available so you have to be much more precise in your application and stat decs.

I think regarding using an agent its up to you to decide. Can you afford to spend the money ? Do you need the peace of mind ?

You can get lots of really good information here as a starting point, but if you believe your application could be complicated or there could be problems caused by your (ex) wife, then it might be worth considering an agent.

Good luck
Mairi

Nikhil

Hi Everyone,

Just out of curiosity would like to know why family members details are to be filled (Parents/brothers/sisters) even though they are not migrating

Nikhil

Jaj

It's mainly done for background/security checking, as far as I know.

Jeremy

>Nikhil wrote:
    > Hi Everyone,
    >
    > Just out of curiosity would like to know why family
    > members details are to be filled (Parents/brothers/sisters) even though
    > they are not migrating
    >
    > Nikhil
    >
    >

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This is not intended to be legal advice in any jurisdiction