Question of the Week
Partner visa, permanent residency and possible divorce
Category: Partner Visa
Question asked
I am looking forward to moving to Australia for higher studies and obtaining PR thereafter. I am a 37 years old male, ex-banker, married (with a daughter) and based in India. On this account, I wish to inform that I have already secured admission to a prestigious University in Australia. But, I have a few pressing concerns that I need your help with :
I have been married for nine years, but, due to unfortunate events, my marriage is on the verge of separation. My wife is a teacher here. Now, I do not want to simply abandon them, and for that I am willing to get my wife to apply for a teaching course herself in Australia and have her and my daughter move to Australia, so that my daughter gets the life she deserves while being close to me.
Please find my detailed queries in the file attached herewith.
Answer provided by Migration Agent
Hello S.
I am one of the Registered Migration Agents here.
To answer your questions;
1. It would be better to bring your wife and daughter here as dependents. She can study if you wish or simply work as she is your dependent. Your daughter should come to and she can go to school too.
2. If you divorce here in Australia, and your wife does not have the right to stay in here own right, I mean if she is not eligible for a visa, then she would have to go back. If you divorce after the PR then she can stay,
Basically if you come to Australia and stay together in some form until PR then all of you can be here, If at any point before that she will need to get her own visa - if she can, then that is great, if she cannot she will have to leave. And then I am not sure where your daughter would be. If she would stay with you which would be possible if you would prefer for her to go back.
------ Clarification Request ------
Thanks for the prompt response. Request you to further clarify the following:
1. Once I have received my PR, will the separation /eventual divorce, be governed by Australian laws or will we have to go through it as per the laws of my home country?
2. You mentioned - "If you divorce after the PR then she can stay.", does that mean after I have obtained my PR, divorcing her would bear no effect towards her studies/work or her PR process?
------ Response from Migration Agent ------
Hello S.
Yes, after PR there will be no effect on either of you. Both will have PR and both can stay before that she will be a secondary applicant and as such is dependent on your visa. As I said, your daughter could stay but your wife would be more problematic. As far as those laws. You would need to be divorced by the laws that married you, so in your country. Having said that, if you have lived in Australia for one year prior to divorcing you can apply to have the divorce application heard here.
Migration Agent
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