NSW Will divorce affect my Permanent Residency? Subclass 189

Discussion in 'Immigration Law Forum' started by ShogunDayo, 5 March 2018.

  1. ShogunDayo

    ShogunDayo Member

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    Hi All,

    Hope you're all having a wonderful day.

    I have a quick inquiry about divorce and if it will affect my Permanent Residency.

    My partner is the primary applicant and I'm the dependent. We were married January 2015 and we lodged and got the visa January 2017. She went ahead of me around February 2017, things got sour and were not going well around March-April 2017. I arrived in Australia, May 2017. Ever since I arrived we haven't seen each other and are staying on two different states.

    We are on a mutual understanding that we can't fix our relationship/marriage. Now, She has messaged me about getting a divorce.

    My question regarding this matter would be - Would filing/getting a divorce now, affect my Permanent Residency given that I'm the dependent on the visa?

    Your input regarding this matter would be greatly appreciated.

    Thanks you :)
     
  2. Adam1user

    Adam1user Well-Known Member

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    I think it will as there are requirements to be achieved for being married, you can obtain them from the requirements of the visa, if, for example, if both of you should be together for 48 months, and you did not achieve this requirement, then you will not get the visa, but this is from my understanding,
    the best way is to have a chat to an immigration lawyer, the investment is worth it, it is your life.
     
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  3. Rutchel Papas

    Rutchel Papas Member

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    How about your married for 4 years and then file a devorce,she is permanent resident in australia is there any possible that your visa is cancel when you devorce?
     
  4. Adam1user

    Adam1user Well-Known Member

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    Based on what you wrote, there is no visa, as the person is already a permanent resident (although permanent resident visa), thus are entitled to all the rights and obligations that Australia provides. Then the person has to satisfy the requirements to obtain the citizenship. The permanent resident visa will be cancelled if the person does something that is against the requirements of being a permanent resident. Such as major crime such as terror related crime, not small crimes stealing etc....
    This is a very sensitive subject, therefore, an immigration lawyer will be able to provide better advice on your circumstances.
     
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  5. Matserit

    Matserit Member

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    Hi,

    We got PR 189 in Jan 2017, where I'm the secondary/dependant 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,
     
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