VIC Will Divorce Affect My Permanent Residency?

[Ahmed Kamran]

Greetings,

I want to know about the impact on my Permanent Residency visa if I file for a divorce. Me and my wife got a permanent residency visa SC-189 just two months ago i.e. in September 2016, but we are not yet relocated to Australia.

I am a primary applicant and my wife is a dependent applicant. As we are planning to make our first entry in Australia in February 2017 to validate our visas before their expiry date, things between us are not going well. The relationship is almost broken and it seems that we will have to divorce before our first entry to Australia. Hence I have few questions to ask if someone could clarify please.

1. As we both have Permanent Residency but not yet validated, will my Permanent Residency visa will be affected on if I divorce my wife before making my first entry to Australia?

2. Will I have to inform DIBP about change of circumstances or is it not mandatory after getting a PR? And if I inform them, will it affect my PR status? Will they cancel it?

3. If I divorce, what will be the status of my wife's PR visa? DIBP will revoke her PR as I am the main applicant and she is only a dependent, or will her PR visa remain valid?

4. If I get a divorce and travel alone to Australia without updating DIBP about my change in circumstances, will there be any problem at airport immigration?

Thank you

 

[Lance]

Hi Ahmed,

Sorry for such a late reply. Did you get an answer to this?

A divorce within months of being granted permanent residency would likely raise alarm bells. At the very least it would probably effect your wife / ex wife's dependent status. I'm inclined to think they could reject your visa because you have withheld your relationship status. But that is just my opinion.

 

[Ahmed Kamran]

Hi Lance,

Sorry for being late in response. Thanks for your reply. My relationship with my wife is broken down and we are no more living together. However we both validated our visas now. After validation, I am back in Dubai and she is still in Australia right now.

It seems that we will officially get a divorce in near future (may be next 4-5 months). Would you please let me know if in the future (probably after one year or so) if I want to sponsor my new spouse? Will the 5-year ban period apply to me?

I heard that a 5-year ban is not applicable on PR skilled visas.

 

[Lance]

Hi Ahmed,

Yes a 5 year restriction will be in effect. So basically if you have sponsored a partner in the past 5 years you can't sponsor a new partner. Also under Australian Family Law you would need to be separated from your wife for 12 months before you are eligible for divorce. Page 17 covers your restrictions https://www.border.gov.au/FormsAndDocuments/Documents/1127.pdf

 

[Ahmed Kamran]

Hi Lance,

As you said and as written in the document you shared, a 5 year ban will come in effect if I have previously sponsored my spouse within last 5 years. But in my case, she was included in my visa application as secondary/dependent applicant and I was a main/primary applicant, and we both granted skilled visas PR-189. So she is on PR, not on a partner visa.

Hence my understanding is that if you have your wife included in your previous PR visa application, it is not considered as a "sponsored spouse" but is a dependent spouse; and in that case a 5 year ban will not trigger. That's my understanding is but just want to make it confirmed.

 

[Lance]

Hi Ahmed,

In my day job, I work within an Australian Government Department, not the Department of Immigration and Boarder Protection. I can guarantee if you apply to bring a new spouse with in the 5 year time frame regardless of the application being a sponsored spouse or dependant spouse it will raise a red flag.

I'm not trying to say you shouldn't apply but they will most definitely look at your previous application and it will stand out as unusual. The Department of Immigration and Border Protection are likely to investigate any applications that raise questions and your separating / divorcing your partner immediately after being granted PR and then bringing in a new partner raises questions. It's your call.

 

[Ahmed Kamran]

Hi Lance,

Thanks for clearing the air on this issue. In that case, I should hold on or be remain very cautious in bringing in my new future spouse, which is any how not gonna possible before year or two year time; and then I will decide at that time depending upon the conditions.

It's a bit unfortunate for me that I am going to start my life in Australia without a spouse and with sort of these visa restriction for a new spouse. Thanks for your inputs mate.

 

[Lance]

Hey Ahmed,

Don't beat yourself up. There are plenty of lovely ladies in Australia looking for love. You never know your luck on the big island.

 

[Ahmed Kamran]

Well, then definitely I be will looking for that "lovely" opportunities you are talking about to keep myself staying away from these visa restrictions who may become blessing in disguise for me.

Cheers...