VIC 457 visa and divorce

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

John-John

Member
19 January 2019
1
0
1
Good day to you.. I’m in Aus on a 457 visa and my wife is on a spousal visa,we have been living in separate bedrooms for a year, if I file for a divorce will she be sent back home. Your assistance would be much appreciated

Regards

John
 

Ann Zhou

Lawyer & Registered Migration Agent
27 January 2017
21
3
124
Sydney
lawtap.com
Hi John,
If you are holding a 457 visa, that means your wife also is holding a 457 visa, am I understand you correctly? If this is the case, your wife's visa should have a condition that she must have a marital relationship or De Factor relationship with you in order to keep her current 457 visa. If you do not want your wife to lose her visa, she needs to seek her own visa application before your file your divorcing in family court.

Most expat divorcing have some jurisdiction issues, but you can overcome this issue if you have been living in Australia for more than 2 years.

Hope this is helpful.

Ann @ expatlawyer.com.au