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176 Visa granted and now divorced


polkadotti

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I've done a web search to try and find the answer, but I've been unsuccessful.

 

I have a 176 visa that was granted in 2010. The main applicant was my then husband. I validated my visa in 2011 but the marriage broke down and we divorced in 2013 ( I was living in UK and Ex in Australia). I now have a new partner and a son by my new partner. It says on the visa in my passport that I must take up permanent residence before Sept 2015. My question is, is my visa still valid if I wanted to move to Australia? If I did want to move what visas would my partner and my son need to apply for in order to accompany me to Australia.

 

If I don't move to Australia do I need to do anything? Or just let the visa expire?

 

 

Hoping someone will come along and let me know. Many thanks

 

Dotti x

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Welcome to PIO

 

Yes your visa is still valid, and it is not dependent on your ex. You are a PR in your own right.

 

If you want to move to Australia now you can before Sept 2013, after that it would get complicated regarding eligibility for resident return visa as you have never lived in Australia.

 

Your partner and son would need a visa in there own right - therefore you would need to apply for Partner visa, and you son can be added to the application as a dependent.

 

http://www.immi.gov.au/allforms/booklets/1127.pdf

 

If you apply offshore for this visa - it takes around 9 months to process.

 

https://www.immi.gov.au/migrants/family/family-visas-partner.htm

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Hi thanks for the response. When I was granted my visa, I had to have a medical, police check etc. Is it the same for the partner visa? Also do you know if he would be able to work in Australia? Or would I be the only one able to work?

 

Yes your partner would require medical and police check and your son will also require medical. You will also need new police check as you are migrating with a child.

 

Your partner will have full work rights in Australia.

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According to the DIBP website, you are expected to be living in Australia to sponsor your partner. I've seen other posts that it can be done while you're living overseas, but you may want to speak with a migration agent to see what suggestions they have.

 

There are offshore and onshore partner visas, the majority of people can not get a visa to live in Australia with their partner, hence the fact they apply for a Partner visa. Prospective Marriage Visas for example can only be applied for offshore.

 

The one year relationship requirement for defacto couples expect you to be living together for 12 months, but if a couple are married or have a child within the relationship, they need to show that there relationship is genuine and continuing.

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There are offshore and onshore partner visas, the majority of people can not get a visa to live in Australia with their partner, hence the fact they apply for a Partner visa. Prospective Marriage Visas for example can only be applied for offshore.

 

As I understand it, if the sponsor is PR then they are expected to be living in Australia however if they're an Australian citizen there isn't this requirement. If I'm wrong, then please ignore me.

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