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Found 38 results

  1. sweta.asct@gmail.com

    Separation / Divorce before PR

    Hi: I got married last year may 2019 but because of some issues we got separeted within a month . so i applied for divorce . Waiting for divorce, i want to apply for Australia and Canada PR so, how can apply for PR with waiting for divorce status under which section..
  2. Guest

    Separation / Divorce before PR

    Hi - I have a really curly question that hopefully someone on here may have experience with. A friend of mine is currently in Australia as the spouse on her husband's visa. They have just received their bridging visa as they have applied for PR through the general skilled stream. (And yes their expected 6 month wait for PR is now more like 2012 !) What options does she have if they separate BEFORE PR is granted ? From what I read this would mean she is no longer covered under his GSM visa and would have to leave Australia with their 2 yr old. (Or leave the baby here with him !!! :no: ) Her brother is an Australian citizen but she is ineligible for last remaining relative due to her father still living in their home country (and he has no interest in migrating to Australia) She is supported financially, would not need govt benefits or support and obviously doesn't want to leave Aust. She doesn't qualify for skilled migration herself as she was forced by her husband to come to Aust just before her final exams for her 4 year Bachelor degree so never earned the degree and therefore is unqualified. 6 months was ages to cope with staying together for the sake of PR - I doubt they will survive YEARS as their are major relationship issues and domestic violence involved. (And I checked and dom. violence is no clause for her to gain PR independently) Any help gratefully appreciated ! Jay
  3. I have been married for 25 years and we have lived in Perth, Australia for the last 7 years. We both have citizenship and intend to remain here. Unfortunately, we have grown apart and in April 2018, separated amicably. We have agreed terms of a Financial settlement which includes allocating my soon to be ex-wife a significant portion of my Group Personal Pension plan with Standard Life in the UK. On contacting them to determine the necessary wording of an Australian Court's consent order, Standard Life wrote to state that they would not recognise the Australian order and I would need a Court Order issued by a UK Court. Does anyone have any experience of splitting of UK based pension as part of an Australian, obtaining a UK Court Order and, importantly, recommending a UK Solicitor who has relevant experience. The one I contacted online from a Google advert was quoting GBP3,000 - GBP5,000 (!!) Any help would be appreciated
  4. Big big girl


    Hi everyone , I’m just so stressed out and worried right at the moment! Could someone please give me some advices on this . Im applying for 186 Visa at the moment. In submitted form 80 , I have declared that I’m married but we already separated! And now I got a S56 request for more information but they are mainly on my “Soon to be” ex- husband and evidence of separation ! The requested documents for my husband were : AFP , Health Check and form 80 for him and evidence of separation! Why would they request documents about my separated -spouse? And he is not even Now I don’t know what to do! We have been separated for 2 years and he definitely wouldn’t /couldn’t support me on the requested documents as he is living in another country now ! And we are waiting for the Divorce paper at the moment ! I have only 28 days to submit requested documents, but the divorce paper ( i just applied recently) will take 3months . What should I do in this case? Will they accept my Divorce status at this point ? even it was just a pending divorce case ? Or Will they refuse my Visa Application as I cant provide all the requested documents?
  5. Hi, I have one relative (Woman) who got visa under 489 Skilled visa through Tasmanian as a secondary applicant. Present Situation: - They have got married 2 years prior in India and since her husband was living In Tasmania, Australia both of them went there back. - Last year the husband applied for Visa under 489 and got the same and as his wife was secondary applicant in the same and, she also got the visa under 489. - Later on due to several dispute both of them came to India to solve it through family intervention but suddenly with in a month time husband without Intimating his wife went back to Australia.\ - After reaching there the husband applied for cancellation of her wife visa so the she can get there and treated the wife that he will be cancelling her visa and remove her name as a secondary applicant. And she will not get Final PR under 887 visa. - Then after one month in last weak the wife also went there by booking her tickets directly and reached at the husbands house. But the husband does not allows to enter her in the house and throws his baggage out of the house. - Later on she called the police, but the police told that since the lease agreement is in the name of Husband he has the right to do the same and the husband also told the police that he wants to file for the divorce. My Question is: 1)What can be done by the wife so that husband allows her to stay in the home and What police is telling is correct? 2) Can husband file for the divorce in this case after 12 months as in this case wife has to compulsory say at some other place as his husband is not allowing him to stay at home? 3)Can husband cancel the provisional-PR of his Wife that are obtain under 489? 4) Will wife be eligible for 887 visa? I will request every one to please help as she is presently not having enough fund that she hire a consultant and does not have any other contacts in Tasmania. Currently she is also not having any good place that she can stay and is struggling there. If any NGO or Authority can come forward to help her then it will be very helpful.
  6. I and my wife moved to Australia on work sponsor 457 visa and the got our PR through her work (Regional Employer Nomination - subclass 187). Recently things are not going well and we are thinking of getting a divorce. Will it affect my citizenship application when I am ready to apply since my PR was done on her application through her work? Thanks
  7. I met my Australian partner in Brisbane 5 years ago and we have had a child together and another one on the way. I am desperate to move home to the UK but despite previously agreeing to this my partner now says he will NEVER EVER move there. I’m desperate to go home and take the children with me but it seems like I am totally trapped here now. Has anyone had any experience of this, particularly where children are involved?
  8. Trinny

    Expat divorce - return home ?

    I am stuck in a rut and looking for others’ opinions. I left the UK in 1998 (in my mid 20s) and have lived in both New Zealand (11 years) and Sydney (9 years & currently). After 3.5 years in NZ I met my kiwi ex-husband and we got married 2 years later. Over the years we grew apart and became very different people and we separated 18 months ago after 15.5 years together (currently divorcing). I have no regrets about leaving the marriage but am now finding it terribly difficult being stuck overseas on my own. My husband and I had no kids and hung out extensively either on our own or with our couples. All my immediate family, which is fairly large, are based in Scotland and since separating I have gone back every 6 months to visit. I am still in touch with a couple of old, good friends in the UK and New Zealand. I do have a few friends in Sydney but they are mainly coupled and not really very close friends (I only came to Sydney in late 30s). I bought a unit in Sydney 3 months ago with my equity (relatively low home loan) which I thought would help me move on, but as time goes on I feel more alone & isolated with no solid support system. My UK based family and old friends have been very supportive & understanding, and I’m going over for a couple of weeks shortly, but I can’t help feeling more & more homesick and isolated as time goes on. I had a health scare 6 years ago and was very sick, and whilst on amicable terms with my ex-hubs who is currently also still in Sydney, am not sure what would I would do on my own in this circumstance. I’m in a fortunate position in that I have both Australian, NZ and British citizenship, have no ties really and am a qualified accountant with a fairly senior role. I could rent my unit out and would only need to contribute around $7,000 a year to cover strata fees & insurance or could refinance to make it fully cashflow positive. So my interest is really to hear from others’ who have perhaps been in this situation. I am seriously thinking of returning home to the UK as either way I have to start over & build a new life for myself. However I am very aware that I have no UK work experience for the last 20+ years and am 46 now - the whole getting a decent job piece, is probably what scares me the most. Also credit ratings and the like sounds problematic. However with both my parents in their early 70s and as they get older unable to travel as much, it feels like this would be the right time to do it as I truly feel at a crossroads in my life and am increasingly feeling that I no longer really know my UK family and 4 nieces & nephews who have been born since I left. (I should also add that I had been feeling quite isolated from my family for a number of years, even before leaving my husband)
  9. Hi, I would like to understand what happens to the 189 PR visa status of a secondary applicant after divorce. The visa has been granted to both husband and wife. Currently the husband (Primary applicant) is already in Aus and the wife's supposed to join him. Wife wants a divorce. However she wants to 1st understand what happens to her Aus visa status if she divorces him before entering Australia. If she enters Australia and comes back to India after staying in Aus for 15 days and then files the divorce from India, will her visa gets cancelled with the divorce or it stays valid? Later can she go to Aus and work + live there on her own if she splits up with her husband? How does the visa gets affected if the husband informs the immigration dept that they are divorced? Does the Immigration dept cancel the visa in that case? Is there any rule that says dependent PR visa holder has to remain married in Aus for 1 yr/ 2 yrs to make the PR visa valid? Is there any minimum time that the dependent visa holder needs to spend in Aus to make the visa valid for next 5 yrs? If she dishonor the visa and does not go to Aus now; what are the chances of getting an Independent 189 PR visa at a later stage (if she applies as the primary applicant later in the future)? Awaiting responses. Thanks,
  10. liveandlearn

    Selling House in Oz from UK & CG tax

    Hello, I am hoping someone can offer some advise please. I have moved back to the UK, currently staying with parents and do not own a property here. My house in Oz will go up for sale end April. I will need to complete my part of the sale here, ( my husband is still in Melbourne but we have separated). Can anyone advise steps I take here ? i know I need to set up an account for the sale proceeds with a solicitor whilst me and husband agree final division of money from sale. I will use proceeds of the sale to hopefully buy a property here. Do I also need to engage an accountant to assist with Capital Gains Tax ? I have PR so husband thinks I sign some form he has sent me entitled “Foreign Residents Capital Gains “ that the conveyancer has provided him. I’m not convinced about this as I’m residing here in UK now. Can anyone recommend a company that can advise me properly please it’s all soooooo confusing especially when going through the mire of seperation ..
  11. Hi there, just wondering if anyone has any knowledge on divorce or annulment in Australia please? My friend married an Australian citizen in November 2016, she is here on a bridging visa, pending a decision being made for student visa. They separated just after 6 months together, no spouse visa applications were submitted. He says he can have marriage cancelled or arrange divorce and claims if he applies to have it cancelled she will not be allowed to visit Australia again. Surely the only option is wait 12 months and apply for divorce? If anyone can give any help it would be much appreciated. Thanks S
  12. Hi, I got my PR visa through 189 independent skilled migration and a dependent (my ex-girlfriend, de facto partner) had been granted a secondary PR visa at the same time I got mine. She broke up with me as soon as she got her visa. After years I got married with another girl and sponsored her to get partner visa, but we divorced within 2 yrs, so her visa got cancelled. I am now living with my new girlfriend and my question is: If we get married, can I sponsor her to get a partner visa? Will this sponsorship be rejected because I’ve brought two partners? I am aware of the limitation of partner visa sponsor that I can only sponsor two partners in my lifetime (but this seems to apply to partner visa, not 189 visa dependent?). My new girlfriend is literally the third one I sponsor, but it’s the second time I sponsor someone through partner visa. Many thanks!
  13. Hi guys, Long story short. I moved to South Oz from Cornwall in 1992 at age 11 with my parents. My parents moved back in 2005 for work. I stayed - had a girlfriend (became my wife)/was @ uni, then I started a career......I had a very traumatic experience @ work in 2014 which destroyed my mental health, career and marriage, all no fault of my own; i've been heavily depressed and anxious for the better part of 2 years. I had a little boy with my wife (currently separated) who is 3. I have 1 Bachelor of Psychology degree, a Masters in Social Work and a Masters in Marketing, so i've got a wide net for employment. Right now i'm self employed, making TV commercials, graphic design - all media stuff. I live alone now and can't see myself ever being happy again, BUT, when I think about my family (mum/dad/brother/niece/cousins/friends etc etc) and Cornwall I get a strong sense of connection/hope and love; something i've been lacking for a few years now. My choice, which feels like Sophie's choice is this: 1. Stay in Oz for my son. I will have a relationship with my son but everything else will be pretty grim, especially when my wife moves onto the next guy, and i'm around to see my son living with him. 2. Move back to Cornwall and have a big family again, start afresh etc. Try and find a way of keeping my son in my life - Skype, holidays etc. So the choice is either to remain in Oz completely unhappy with the exception of my son, or move home to Cornwall where I have a sense of identity, family, a sense of community and belonging - something Australia doesn't really have. I guess i'm putting this down on virtual paper because I want to see what other's think of this - all opinions are fine. Please don't kick me while i'm down. If you knew the traumatic event that started everything you'd understand. I'm not one of those dads who wants to leave his son. I don't at all, but I also don't want to die alone in a country that isn't 'home', and continue being miserable. I've been trying to get better for 2 years now but the only light I can ever see at the end of the tunnel is Cornwall. Anybody had a similar experience?
  14. Ribbon Katie

    It's not getting better.....

    Okay, last time I posted on here was 11 months ago and I was feeling unsettled ....unfortunately I still am. We have faced a few problems over the past twelve months (our house severely damaged by tenant in England, cancer diagnosis with close relative in UK) I have never felt settled here but I am the only one who doesn't want to stay. It has led to a rather strained relationship with hubby and is now at breaking point. I've struggled to find work and the two jobs I've had since arriving in September 2013, I've been on contract and they've both come to an end. I was in my last job in the Uk for 17 years and felt valued in my role at work. I had lots of friends in the Uk and was happy but we left because husband couldn't find employment during the recession. Now everything has reversed. Here in Oz my husband has been thriving at work and although he is incredibly busy, seems to enjoy it. He also plays hard and goes to lots of men only corporate events with his work, so has a very busy social life and we don't seem to be doing much as a family or couple any more. All our four children love it here and don't want to go back to the Uk and the oldest is now 14. But I just feel so unhappy, I haven't made many friends, find everything expensive, struggle with not being able to pick up permanent work and because of this I feel we're always on a tight budget, need to watch our pennies and can't afford much in the way of leisure activities. Anyway things between me and husband have been so strained that we have discussed separating. Problem is I couldn't afford to stay here and the kids won't go back to England, and I couldn't bear to be apart from the children. We keep going around in circles and we're not getting anywhere. But yesterday husband and I made a breakthrough in that he agreed to see a Relationship Counsellor to try to work through our problems, I had been badgering him to go but he was adamant he wouldn't go, so feel pleased that he has now agreed for us to go as a couple. I rang up Relationships WA and discovered a 50 minute session would be $170.....which wasn't the price I was expecting. Has anyone else felt like this and that the move to Oz created cracks with their relationship and have sought counselling. If so where did you go (apart from Realtionships WA) and was it beneficial? Would really appreciate some help as we are just not moving forward. Feel stuck... Thank you in advance Ribbon
  15. Not sure if this is the correct forum but anyway ... My wife and I hold dual (UK/Aus) citizenship. We lived in Aus between 1997 and 1999 (on a temp work visa) and then 2004-2010 (on a permanent visa - we got Aus citizenship during that period). We returned to the UK in June 2010 for family reasons. We are now going through a divorce after 18 years of marriage. The divorce in the UK will include a financial order that (thankfully) we agreed on without the need for lots of fighting in court. That order will include the splitting of the UK Pensions and the Aus Super 50:50. The UK pension pot is very small compared to the Aus Super. Has anyone been through this process and can they tell me how difficult it was to get an Aus Super Fund to split the current pot when the divorce happens in the UK. The intention is to put 50% of the current fund into another Australian super fund that my (soon to be ex) wife already has. Any help is appreciated. Thanks perthGooner
  16. Hi, I wonder if any can help my with some issues... I moved to Australia over two years ago. Initially I was on my partners 457 visa. Last year, I got my PR in April, obviously for both. Unfortunately after six months we decided to split up after several years together. We are a same sex couple therefore there was no children or marriage, just de facto. I met someone else three months ago, and his situation is that his visa will only allow him to stay till December. I don't want it to sound like I want to add him to my visa so he can stay, but where do I stand now?? what happens if i tell immigration that I'm no longer with my previous partner? Will this affect his visa?? I understand as it is on my name I shouldn't really worry. What could I do by the end of the year if I decide to continue with this new person? i would appreciate if someone helped me with it. Thanks.
  17. Hello All. Hope someone can help, this is my first post on the site after being a casual observer for a few years, I'm ashamed & embarrassed to say I am not in a good place right now. My husband & I entered Oz 6 months ago on a 175 visa (he was the main applicant - my skills weren't needed on the assessment). Anyway to cut to the chase my husband informed me a few weeks ago (3 weeks, 2 days and 7 hours ago to be precise) that he no longer wants to be married to me and wants a divorce. Much to my surprise he now tells me he was seeing another woman in the UK for years before we moved to Oz & the 6 months away from her has apparently convinced him his loyalties remain in a place other than with me (and our 4 children) From what he says he tells me, as we are both Permanent Residents, divorce would have no effect on our visa status, and that he intends to remain in Melbourne because of work commitments and intends to re-marry his new 'woman' and live with her in Australia. My questions/concerns are these : 1. We have 3 children, Does what's happening change our visa entitlements for us, or the kids. 2. He's talking about divorce - I wouldn't even know where to start, would he file for divorce in the country we married in (UK) or in Australia. 3. Can he really expect to get his new woman an Australian at the drop of the hat? Even if he marries her? Sorry if these questions all seem a bit naive but my husband dealt with all of the visa paperwork when we applied, so this all a bit new to me. Guess I'm going to have to stand on my own 2 feet from here on in......:unsure::unsure:
  18. Talking to a friend today and we talked about her upcoming divorce and she mentioned that nearly 50% of marriages end in divorce while out of the other 50% there are lots of unhappy marriages that stay together for the kids or other circumstances, I did not belive so searched the Internet and she is correct :eek: I was shocked to say the least as I thought it would be about 10% anyone else shocked.? Nearly half the happy couples you see walking down the aisle will divorce before they reach their 10th wedding anniversary. http://women.timesonline.co.uk/tol/life_and_style/women/relationships/article3635729.ece
  19. Hi everyone, I'm hoping to get some comments/thoughts on the following situation: If you had been married to an Australian for a decade and spent most of your working and adult life in Australia, would you stay or return home after your divorce? (looking at it from the point of view of a single woman with no kids in her late thirties) Family at home, but no friends there anymore. Not a lot of work opportunities and even with a good job not enough money to pay for living expenses and paying off debts. Good friends and better working opportunities in Australia but worried about homesickness & the possibility of either staying single in a place far from home or in a relationship but having to raise a family far from home. Any comments would be appreciated.
  20. plazze


    hi my wife and i emgraited to oz 2 years ago on a permanent visa 121 subclass ,we came home 1year ago ,now we are home we a splitting up , i went over it was here her job that got us in she is a nurse ,we have 3years left on the visa , does this effect my right to go back to oz on my own ,as she is saying she is going to contact imigating and i cant go back ,can someone advise me on facts here ,
  21. I dare say this topic and question has been asked before, but maybe not as specifically as my circumstance. The spouse is employed by the ADF and therefore, we have PR Visa's. As an ADF member, the spouse gets Citizenship, along with the children after three months are up. I am not working and will be the only one in the family on a PR Visa, however, as the children's main carer, should we separate and divorce, where does that leave me in regards to entitlement, benefit and custody rights? Any sound legal advice would be welcome in this issue.
  22. Guest

    spouse visa after divorce

    Hello, I was granted a 136 skilled worker visa and my wife was granted a spouse visa to join me. We have not yet re-located but unfortunately since they were granted we have decided to separate. I no longer want to go to Australia but my wife does. We are not divorced yet. I still care for her and want to do what I can to make her happy so if I can help her to emigrate i will. If we visit Australia to validate our visas will there be a problem for her if I return home and we subsequently divorce? Thanks in advance.
  23. http://au.news.yahoo.com/thewest/a/-/newshome/9253693/divorce-sick-wife-doctor-told/
  24. Pozz

    Proof of divorce needed?

    Hi guys Im about to apply for my part of a 457 visa. Will I be asked about previous marriages, and do I need to prove im divorced? Due to the home issues I moved out of the marital home during the divorce and hence never received the nisi or absolute. My ex did apply so we are divorced, but im concerned I will have to sort my decree absolute before applying for my visa. Sorry if its a bit rambling, but thanks for any advice.