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Discussion Starter · #1 ·
Hi,

Need urgent help!!

I have got Australian PR in April, 2017 based on 189 Skilled Visa. I was main applicant and my wife was dependent.( Did not claim her marks ). We made our initial entery in Australia for few days only in August, 2017.
Now the main question. We got married almost 5 years ago and did not have any children. We saw many ups and downs in our relationship but we survived somehow. My wife insisted on getting divorce but every time i convinced her to give us more time and chance to fix it but unfortunately it looks now that its really not going to work anymore. Even though i do not want divorce to happen but there is no other way as she is persistent. My questions are:

1- if we get divorced now in our native country will it effect our PR?
2- As per Australian law we have to live in Australia separately minimum 12 months in order to file for divorce, i dont think so that she is gonna do that, i mean living with me and honestly i dont know her plans either she will come to Australia now or later or may b never.
3- If we get divorce in our native country do i need to inform DIBP about this? As i am not planning to get re-married again very soon or may be never as i am heart broken.

Regards,
Juani
 

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Nothing to worry in this situation. Your PR will not be affected... Regarding your obligation to inform DIBP about change in circumstances - it depends on what conditions are imposed on your visa. From memory, there is no such condition on 189
 

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Discussion Starter · #3 ·
Nothing to worry in this situation. Your PR will not be affected... Regarding your obligation to inform DIBP about change in circumstances - it depends on what conditions are imposed on your visa. From memory, there is no such condition on 189
Thanks for your reply. As long as i remember, i did not find any condition imposed on the visa. What will be the status of PR of my gonna be x wife?
 

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Thanks for your reply. As long as i remember, i did not find any condition imposed on the visa. What will be the status of PR of my gonna be x wife?
Junai, there are cancellation powers with DIAC to cancel a visa at any stage. But your situation is less likely to affect your and your partner's visa because at the time of decision both of you were in genuine relationship and her qualification did not counted towards point test.
 

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Hi,

Need urgent help!!

I have got Australian PR in April, 2017 based on 189 Skilled Visa. I was main applicant and my wife was dependent.( Did not claim her marks ). We made our initial entery in Australia for few days only in August, 2017.
Now the main question. We got married almost 5 years ago and did not have any children. We saw many ups and downs in our relationship but we survived somehow. My wife insisted on getting divorce but every time i convinced her to give us more time and chance to fix it but unfortunately it looks now that its really not going to work anymore. Even though i do not want divorce to happen but there is no other way as she is persistent. My questions are:

1- if we get divorced now in our native country will it effect our PR?
2- As per Australian law we have to live in Australia separately minimum 12 months in order to file for divorce, i dont think so that she is gonna do that, i mean living with me and honestly i dont know her plans either she will come to Australia now or later or may b never.
3- If we get divorce in our native country do i need to inform DIBP about this? As i am not planning to get re-married again very soon or may be never as i am heart broken.

Regards,
Juani
You have PR and you have made your initial entry, so there is no requirement to inform DIBP.

The divorce will not affect your PR. Your partner has PR in her own right and it is up to her what she wants to do with it now.

You do not have to notify the department of any changes in your circumstances that occurred:
• after you have been immigration cleared (if you applied for your visa outside Australia).
 

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2- As per Australian law we have to live in Australia separately minimum 12 months in order to file for divorce, i dont think so that she is gonna do that, i mean living with me and honestly i dont know her plans either she will come to Australia now or later or may b never.
For a divorce in Australia you normally need to live separately for 12 months. It does not need to be in Australia. One part being in seperate country would not be a problem.
 
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