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VIC When to File for Divorce on 457 Visa?

Discussion in 'Immigration Law Forum' started by nyah, 25 July 2014.

  1. nyah

    nyah Member

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    Hi everyone. I am currently on a 457 Visa and will be applying for my PR ( permanent residency) in August. We have a 7 year old son. Things have gotten worse between my partner and I. We tried counselling, but it didn't help so we have decided to divorce as we have been living separate under same roof for more than 18 months now. However, because of my child, we decided that we will wait until the residency is obtained.
    1. Can we file for divorce straight after applying for PR, or should we wait until the PR comes through? Will we need a family lawyer? If we have to wait, how long after getting the residency can we file for divorce?
    2. How long after divorce are we are allowed to marry another person?

    Any advice would be helpful.
    Many thanks.
     
    Davistev likes this.
  2. Tim W

    Tim W Lawyer

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    If you say on your PR application that you are married,
    when in fact you are separated (even if under one roof),
    then you will be lying on the application.

    That lie is enough for your PR applications to be refused.
    But then, if your application goes through, but
    (either of both of) you get found out later,
    then that's enough for (either or both of) your PR(s)
    to be revoked.

    It can be an offence to lie to an officer of the department
    (see s245 of the Migration Act 1958 (Cth)).
    A person who lies when making a PR application
    can commit this offence.
     
    nyah and John R like this.
  3. nyah

    nyah Member

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    Thank you for your reply Tim. I have actually already lodged the application and now we are waiting for the PR. So we get PR then does it mean that we have to wait 12 month of separation then file divorce? Or what if I inform DIAC that our relation is breaking down? Will he still be eligible to get residency on the ground that we have agreed to share care of the child? what is your suggestion in this case senario?
    many thanks for your time.
     
  4. Tim W

    Tim W Lawyer

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    You have a duty to notify DIAC of the change in your circumstances...
    That is, you have to tell them immediately (not "you should", but "you must")
    that you have become separated.
    You must do this even if you are "separated under one roof",
    and even if you are only part way through the twelve months of separation required for divorce.

    From DIAC's perspective you, at any given time, are either

    If what you put on the form about your marital/ relationship status
    has changed since you submitted the form, then you must tell DIAC immediately.
     
    Victoria S likes this.

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