VIC Indian Divorce and Visa Australia Options?

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27 January 2015
Hi. My situation is as follows:
# Indian origin married to Indian girl with two kids
# Live separate for more than 9 months.
# Considered marriage finished before more than 2 years, lived in same house few months but remained in different rooms and now living in different houses during separation.
# Met a girl and wanted to live with her forever and now we are expecting our first child together (2 months).
# I am still on the Dependent Visa of my ex and haven't cut loose yet.
# She filed MRT review because of the refusel of her higher studies year and a half before. and she is now on Bridging Visa.
# She wanted to go back India on february and I want to stay with my partner.
# Filed Divorce couple of months because was waiting for the 12 months mark. Not yet got divorce.
# No dispute with wife on kids, but she said she cant do anything for my visa.

So i want to know want are the possibilities on:
1. Which visa can I go?
2. My wish is to stay with my parner and future kid. What are the possibilities in immigration visas?

Please help me... Thanks..

Sarah J

Well-Known Member
16 July 2014
Melbourne, Victoria
Hi Phil197826,

Visa and migration issues are always complicated so you're best to contact:
First, you need to contact the Immigration Department as soon as possible to let them know that you have separated from your ex-wife and you have filed for divorce. You have an obligation under your visa requirements to let the department know whenever there is a material change in circumstances.

Second, is your current partner an Australian citizen or have permanent residency in Australia or under an academic/employment sponsorship? If so, you may be able to be sponsored by her under a partner visa.

Also, if your children are Australian citizens or have residency here, and plan to remain in Australia, you may qualify for a parent visa.

But again, best to speak with a migration agent/migration lawyer
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27 January 2015
Thank you Sarah for the reply.

I have called immigration office after your last reply but the one who answered don't want to give any advice on what so ever, said you have to leave the country because of your circumstance have changed. I asked what I have to do with the case which is already in court and replies that I have to deal with it in my country.

Very scary. As you said I have to find a good immigration lawyer. Thanks anyway for the valuable advice