VIC 189 Visa Expiry of Dependent Applicant After Divorce?

Discussion in 'Immigration Law Forum' started by Matserit, 5 November 2018.

  1. Matserit

    Matserit Member

    31 October 2018
    Likes Received:

    We got Permanent Residency 189 visa in Jan 2017, where I'm the secondary/dependent applicant.

    My spouse entered Aus in April 2017 and staying Aus since then.

    I entered Aus in June 2017 for 2 weeks, just to activate the PR, then returned from Aus. Then on Dec 2017, entered Aus and staying here along with my spouse till now (almost 1 year). I will be returning from Aus in 1 month and planning to stay in my native country for the next 1 year to file the divorce.

    So in total, I would be staying in Aus for 1 year under 189 PR as a secondary applicant.
    1. Once we divorce, will it affect my permanent residency?
    2. How it will impact the application for our Resident Return Visa (RRV-155). This can be applied only in 2021 where 2-year minimum stay in Aus is a criterion for RRV.
    It would be grateful if you can help me to clear my queries.

    Many thanks
  2. Ann Zhou

    Ann Zhou Lawyer & Registered Migration Agent

    27 January 2017
    Likes Received:
    Hi lady,

    The short answer to your questions:
    1. your divorce will not affect your permanent visa 189.
    2. If you have lived in Australia for more than five years during your holding 189 visa, then you are eligible to apply for 155 visa for another 5 years. Otherwise, you might can apply for RRV 157.

    Hope this has answered your question.

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