186 visa & secondary applicant

[NorthernSoul]

Trying to assist a colleague, who has been here with her boyfriend for a number of years (originally on 457 through his employer). The employer have since sponsored him for a 186, which was granted in June 2019. She was the secondary applicant in his application and so also has a 186 granted, without any conditions. The relationship isn’t going well - he is very controlling and is in denial about a increasing issue with alcohol, which is also causing him to be absent from work frequently. 

My colleague is wondering what her visa situation would be if she ends the relationship, and also if he loses his job? 

Any thoughts? Many thanks

[Phoenix16]

My understanding of the 186 is that she now has PR in her own right and regardless of what happens with her relationship or his job her visa, and as such her rights to remain in Australia,  are completely unaffected.  Best wishes to your colleague, it sounds like she’s having a difficult time, but at least she doesn’t need to worry about her visa xx

[Wonderingaloud]

Yes as above. She is a PR holder, if the marriage disintegrates it doesn’t matter, there are no implications for her as a visa holder. However, the company could inform immigration if the husband leaves before the 2 years is up. It’s unlikely, but they could pursue it if they felt strongly enough. 

[NorthernSoul]

Thanks for the input, think that will reassure her,

[jbh]

I found a list of grounds that visas can get cancelled: http://www.australianmigrationnetwork.com.au/visa-cancellations-possible-cancel-permanent-visa/

 

I think only relevant one is 140, and it says of if the primary one gets cancelled, they could pursue to cancel the dependent ones. Hope it doesn’t happen.