Consfused Posted January 29, 2015 Share Posted January 29, 2015 (edited) 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, Edited January 29, 2015 by Consfused xx Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted January 31, 2015 Share Posted January 31, 2015 Bump Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 1, 2015 Share Posted February 1, 2015 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, 1. If the marriage has broken down before she validates her visa, DIBP must be informed and her visa will be cancelled. If the marriage breaks down after she validates her visa, DIBP don't need to be told. 2. If she has validated her visa, she can live and work in Australia even after the marriage has ended. 3. See 1. above 4. NO. No such rule. 5. When she enters to validate her visa, she only needs to go through immigration and could then leave Australia immediately if she wishes. Her visa will then be valid for re-entry to Australia for 5 years from the visa grant date. For entry after the 5 year mark, read the rules relating to eligibility for a Resident Return visa. http://www.immi.gov.au/Visas/Pages/155-157.aspx RRV. See 'Visa applicants' > 'Who could get this visa' 5. If she doesn't validate this visa, she is completely free to apply for a visa in her own right at some time in the future and the fact that she decided not to take up this visa won't be held against her. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted February 1, 2015 Share Posted February 1, 2015 As above. Great answer Quote Link to comment Share on other sites More sharing options...
Voodoo29 Posted April 18, 2018 Share Posted April 18, 2018 Hi, just to clarify. My wife and I have 190 visas for NSW, we've had them a couple of years and visited just after they were issued validate them. We've been back last year to finish off my wife's nursing registration. Were currently selling our house with the aim of moving over in the next 3-4 months, but unfortunately due to family issues here in the U.K., things are very strained. We were granted the visa on my wife's nursing as Engineers were not on the NSW list at the time. I've been offered a job in NSW, so if things go badly wrong here (which I hope they don't) can I still live and work in NSW permanently with my current visa? Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted April 18, 2018 Share Posted April 18, 2018 Once granted, everyone has their own independent visa. Quote Link to comment Share on other sites More sharing options...
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