An odd question about spouse visa

[BuddysMum]

I know this is going to sound a bit strange. Please don't be offended or think it is morbid.

I have no plans for immediate departure from the land of the living (!), but I was musing this morning....

 

I am an Australian citizen. OH has just applied for his spouse visa (with our 11 year old son). I think it is pretty certain that he will get PR straight away as we have been married so very, very long!

 

So...once it is granted, if I should die before we move over..would he still be able to go?

 

Or, if I died before he was granted citizenship, would they have to come back?

 

I am not seriously unwell...just wondering!

[Guest WARDStoOZ]

That's an interesting one...! I have no idea I'm afraid but Gill might be along soon to advise you...!

 

Lots of Luck with the application and I hope you stay very well and healthy lol!

 

Take care,

 

Dan xx :emoticon-signxmas:

[Stuju]

Immigration do take this into consideration & will sometimes allow the spouse/defacto applicant to stay in oz if the sponsor dies, also it has been know for the applicant to stay in oz too if the realationship has broken down due to abuse or similar

This would be before the pr stage, once a pr they cannot just kick you out if your partner dies there would have to be a defect in your original application or something like that to take away your rights

stuju

[George Lombard]

Dear Buddy's Mum,

 

The visa would certainly be valid as long as you held out until he had first entered Australia. It might also be OK if you kicked the bucket earlier but this would be a notifiable change in circumstances under s. 104 of the Act and the Department would at least need to consider cancellation, I think.

 

Cheers,

 

George Lombard