Sulac Posted November 14, 2016 Share Posted November 14, 2016 Hi there, So after a pretty horrible time in Australia with lots of stresses and strains, the husband and I have separated after 17 years of marriage. This weekend he lost his drivers licence and he says he's going back to UK. In September 2017 - next year we will have done four years in Oz so eligible for citizenship. I don't want to be bullied in going back. We have four children and the oldest is 16 so not good time to go back from education viewpoint. He says that as we came here with his name on PR visa (his occupation was on skilled shortage list) Me and the children wouldn't be able to get citizenship, if he were to return to Uk early next year. Is that the case? He also says that I would have to apply for PR in my own right as he was the one that got us here in the first place and when he goes my entitlement to remain here on PR goes. Can anyone help? Sulac Link to comment Share on other sites More sharing options...
Guest Posted November 14, 2016 Share Posted November 14, 2016 He's wrong! Although you and the children got your PR through his skills, it is your visa in your own right and not linked to you being with him. You can apply for citizenship whether he does or not & your children become citizens if you do (assuming they are under 18 - otherwise they can apply in their own right anyway) You are probably aware but just in case not, if you were to return to the UK even temporarily with your children your ex could prevent you bringing them back to Australia under Hague Convention Legislation so think carefully before you do anything. Link to comment Share on other sites More sharing options...
simran7757 Posted November 14, 2016 Share Posted November 14, 2016 That is not the case.once you get your PR.thats it.no need to worry.you and your kids can apply citizenship next year as usual. Sent from my SM-G925I using Tapatalk Link to comment Share on other sites More sharing options...
Sulac Posted November 14, 2016 Author Share Posted November 14, 2016 Okay I'll need to look at that Hague Convention legislation, but it's good to find out I won't have my PR withdrawn and can still get my citizenship. This will mean I can sleep easy tonight, so thank you..... Link to comment Share on other sites More sharing options...
Guest Posted November 14, 2016 Share Posted November 14, 2016 This may be worth reading through http://www.pomsinoz.com/forum/news-chat-dilemmas/47091-children-what-happens-if-you-your-partner-decide-go-home.html Link to comment Share on other sites More sharing options...
MaggieMay24 Posted November 14, 2016 Share Posted November 14, 2016 As the others have said, your husband is incorrect. You and your children each have your own PR visas and can remain here indefinitely, and become citizens once the residency requirement is met. As also advised, your husband cannot take the children out of Australia without your consent. Hopefully airlines all follow appropriate procedures to ensure this doesn't actually happen, but it couldn't hurt to secure their passports just in case your husband tried the unthinkable. Link to comment Share on other sites More sharing options...
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