GingerTea Posted September 20, 2016 Share Posted September 20, 2016 Hi all, Long time lurker, first time poster. Was wondering if anyone has any advice on the below. Irish, moved to Australia in late 2013 at the end of my honeymoon, and have been on a spousal visa with my husband who was sponsored (non-Australian). We separated earlier this year (on good terms), but my visa is still spousal. A few questions: 1) Having been on a working holiday visa then spousal visa since November 2013, how long would I have to wait until being eligible for PR? 2) Once legal terms are concluded on a divorce, what happens to the Visa status and would I be able to apply for residency on my own? 3) I have a new partner (Australian), would they be able to support any visa application? Have read that once details are updated I would have 28 days to register for a new visa or face deportation and have subsequently got myself fairly worked up! Thanks in advance Link to comment Share on other sites More sharing options...
Nemesis Posted September 20, 2016 Share Posted September 20, 2016 Hi all, Long time lurker, first time poster. Was wondering if anyone has any advice on the below. Irish, moved to Australia in late 2013 at the end of my honeymoon, and have been on a spousal visa with my husband who was sponsored (non-Australian). We separated earlier this year (on good terms), but my visa is still spousal. A few questions: 1) Having been on a working holiday visa then spousal visa since November 2013, how long would I have to wait until being eligible for PR? 2) Once legal terms are concluded on a divorce, what happens to the Visa status and would I be able to apply for residency on my own? 3) I have a new partner (Australian), would they be able to support any visa application? Have read that once details are updated I would have 28 days to register for a new visa or face deportation and have subsequently got myself fairly worked up! Thanks in advance Do you mean you are currently on an actual Spouse Visa (309 or 820) or that you are the spouse of someone on a skill)s visa (eg a 457, 189, 190? What subclass of visa are you holding? Link to comment Share on other sites More sharing options...
GingerTea Posted September 20, 2016 Author Share Posted September 20, 2016 Hi nemesis, Spouse of someone on a 457 visa. Link to comment Share on other sites More sharing options...
Nemesis Posted September 20, 2016 Share Posted September 20, 2016 Hi nemesis, Spouse of someone on a 457 visa. OK, its not a Spouse Visa then. You are a dependent on a 457. (totally different rules!) You can apply for PR now if you have the skills etc to qualify to do so. If you have a new partner who is an Australian citizen or PR then they might be able to sponsor you for a Spouse Visa but as you (presumably) haven't been living together for very long you might need to consult an agent as to your chances of success. Once divorced you can marry your new partner and be sponsored by them without needing to live together first. However the main problem at present is that if you are no longer with your husband then you don't really have any right to still be holding a 457 as his dependent and as youhave discovered you have 28 days to lodge an application for a new visa, or go home. Talking to an agent fairly quickly would seem to be a good idea. Link to comment Share on other sites More sharing options...
GingerTea Posted September 20, 2016 Author Share Posted September 20, 2016 Thanks very much for such a clear response, greatly appreciated. Link to comment Share on other sites More sharing options...
Bungo Posted September 21, 2016 Share Posted September 21, 2016 Hi all, Long time lurker, first time poster. Was wondering if anyone has any advice on the below. Irish, moved to Australia in late 2013 at the end of my honeymoon, and have been on a spousal visa with my husband who was sponsored (non-Australian). We separated earlier this year (on good terms), but my visa is still spousal. A few questions: 1) Having been on a working holiday visa then spousal visa since November 2013, how long would I have to wait until being eligible for PR? 2) Once legal terms are concluded on a divorce, what happens to the Visa status and would I be able to apply for residency on my own? 3) I have a new partner (Australian), would they be able to support any visa application? Have read that once details are updated I would have 28 days to register for a new visa or face deportation and have subsequently got myself fairly worked up! Thanks in advance As mentioned by Nemesis, you are not on a spousal visa, you are a dependent on a 457 visa. To your question 1) the passage of time does not entitle you to a permanent resident visa. To obtain permanent residence you need to qualify for and apply for a permanent visa. To to your question 2) the conclusion of the divorce is not the trigger point, the minute you actually separate is the trigger point and you are already no longer entitled to be on this visa. Your situation is pretty serious. Both you and your OH have a duty to inform immigration, although I would recommend you hold off until you have obtained some professional advice regarding other visa options. But don't leave it too long as your ex could inform them anyway. For example could your own employer sponsor you for a 457? Would you qualify for skilled migration? To your question 3) I believe it would be very difficult to go immediately from a dependent on a 457 to being sponsored by another person. This is because some time is expected to elapse before you are considered defacto, so you could not physically be one persons defacto on Monday and somebody else's defacto on Tuesday. Link to comment Share on other sites More sharing options...
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