Divorce after PR grant but before landing

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  • 1 Post By wrussell
  • 2 Post By paulhand

Divorce after PR grant but before landing


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Old 01-04-2021, 10:32 PM
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Divorce after PR grant but before landing

Hi Experts,

I'm in a very bad situation. I applied for the PR for myself and my spouse in beginning of 2019 and got a grant in Feb2020. I was the principal applicant. We wanted to travel to Aus asap but couldn't complete our landing in yet due to Covid-19 travel restrictions and are still in our home country. And again due to Covid/lockdown, both of us were depressed, faced many issues and are fighting from many months. Situation is so bad that now we are contemplating to get a divorce. Will divorce have any impact on either mine or my spouse's PR grant status? Please provide your valuable thoughts.

Thanks !


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Old 01-04-2021, 10:40 PM
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Hold the divorce until you have activated your visas.

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Westly Russell
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Old 01-05-2021, 02:39 AM
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Quote:
Originally Posted by jonty007 View Post
Hi Experts,

I'm in a very bad situation. I applied for the PR for myself and my spouse in beginning of 2019 and got a grant in Feb2020. I was the principal applicant. We wanted to travel to Aus asap but couldn't complete our landing in yet due to Covid-19 travel restrictions and are still in our home country. And again due to Covid/lockdown, both of us were depressed, faced many issues and are fighting from many months. Situation is so bad that now we are contemplating to get a divorce. Will divorce have any impact on either mine or my spouse's PR grant status? Please provide your valuable thoughts.

Thanks !
What visa subclass did you apply your PR under? It does not seem to be a partner visa since you mentioned you both applied for it in 2019. I donít see any reason your current relationship breakdown will impact your already granted PR, but rather completing the first entry before the due date seems more urgent if you donít want to loose it. Check through your visa eligibility and see if being in your existing relationship is a requirement for your PR to remain valid, however it is quite odd to have that condition in place considering you both have already gotten the ultimate permanent visa granted.
(Get a professional to look at your overall situation and they should be able to give you some guidance)


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Old 01-05-2021, 02:59 PM
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Quote:
Originally Posted by Scorpion9900 View Post
What visa subclass did you apply your PR under? It does not seem to be a partner visa since you mentioned you both applied for it in 2019. I donít see any reason your current relationship breakdown will impact your already granted PR, but rather completing the first entry before the due date seems more urgent if you donít want to loose it. Check through your visa eligibility and see if being in your existing relationship is a requirement for your PR to remain valid, however it is quite odd to have that condition in place considering you both have already gotten the ultimate permanent visa granted.
(Get a professional to look at your overall situation and they should be able to give you some guidance)
There is an obligation to inform the Department of any change in circumstances before initial entry. As one partner was the primary applicant and the other was the secondary applicant, the secondary applicant's eligibility is based on being a member of the primary applicant's family unit. If they no longer are, then the circumstances for the grant no longer exist.

I would heed Westley's advice, and also get some bespoke advice.

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All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation.

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Old 01-11-2021, 03:58 PM
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Thanks everyone for your valuable feedback, much appreciated !!


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