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NSW Overseas Marriage and Divorce - How to Inform Australian Government?

Discussion in 'Immigration Law Forum' started by salman911, 5 February 2016.

  1. salman911

    salman911 Active Member

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    Guys,

    My wife and I received an Aussie Permanent Residency last year and currently, I am the only one living in Australia as she has not arrived here yet. We married on January 2015.

    Unfortunately, our marriage didn't go well and after coming to Australia, I had sent her a divorce deed that my lawyer in my native country provided. My country has issued me the divorced certificate recently. Now I wanted to ask, how do I inform the Australian government that I am not married now, as in the future I am intended to remarry again and bring my wife here in Australia!

    Please also note that we don't have any children and my wife has not arrived here in Australia.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Salman911,

    I don't think there is any official process that you have to go through to inform the Australian government of your single status. You may just need to provide your divorce certificate when, for example, you are renewing your visa or when you are getting remarried, to prove your divorce.
     
    Ibrar Hussain and salman911 like this.
  3. salman911

    salman911 Active Member

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    Dear Sophea,

    Thank you for your reply. Does this mean I do not have to wait for 1 or 2 years to get re-married ? Currently, I'm on PR so I don't need any visa extensions.

    I might possibly be re-married in my native country in the future, so when I apply for my spouse visa, do I need to inform them at that time that I was divorced ( by using the divorce certificate) as currently in their system I am married ?
     
  4. Tim W

    Tim W Lawyer

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    As a matter of technical law, I agree with @Sophea.
    Once you are here as a PR, you don't have any visa-related obligations to notify a change of marital status.
    For example - it is not a condition of your PR that you remain married.*

    However, to avoid future bureaucratic pain and to
    avoid any future suspicions (by DIBP)
    about the genuine-ness of any future marriage,
    I suggest writing to DIBP (use Form 1022),
    enclosing a certified copy of your divorce paperwork from your home country.

    This is so that DIBP does not go on thinking you are married, when you are not.
    Thing is, if you do get married again (at some time in the future, either in Australia, or overseas),
    then you don't want the extra confusion of DIBP (mistakenly) saying "Hang on, our records say you are already married".

    ------------------------------------------------------------------
    * Note however, that if you are, say, a Centrelink client, then you still have to tell them, separately
     
  5. salman911

    salman911 Active Member

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    Dear everyone,

    Thank you very much for your kind replies.
     
  6. salman911

    salman911 Active Member

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    Dear Tim,

    I just opened form 1022 and it says the following:

    Important – Please read this information carefully before you complete this form. Once you have completed this form we strongly advise that you keep a copy for your records. Section 104 of the Migration Act 1958 (the Act) requires you to inform the Department of Immigration and Border Protection (the department) of any changes in your circumstances that affect any answer to a question in your application form.

    You do not have to notify the department of any changes in your circumstances that occurred:
    • after you were granted your visa (if you applied for your visa in Australia);
    or • after you have been immigration cleared (if you applied for your visa outside Australia).

    Please help
     
  7. Tim W

    Tim W Lawyer

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    That's correct, yes.
    As I said above:
    This means that in strict literal terms, no, you do not have to tell DIBP that your are now divorced.

    My suggestion to write to them is based on looking at the future - and on my personal doubts about the efficiency of DIBP.
    I like the idea of having letters on file now for officials to refer to later
    (such as when considering a subclass 300 (Prospective Spouse) visa application by any future would-be wife).

    You may find my suggested course of action inconvenient, or unsuitable to you personally.
    That's no problem.

    (and for the benefit of future readers - there is some information about subclass 300 visas here(
     
    Ibrar Hussain likes this.
  8. matt1357

    matt1357 Member

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    Hi guys,

    My wife and I received a PR visa two years ago. Unfortunately, our marriage didn't go well and after coming to Australia, now we want to get divorced (I am the second applicant) and it is almost 22 months since I arrive here.

    Now I wanted to ask if we get divorced, what happens to my PR visa as a second applicant? Do I have to leave Australia?

    Please also note that we don't have any children and we are getting a divorce after 5 years of marriage.
     

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