Spouse Visa (de vacto visa )

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Spouse Visa (de vacto visa )


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Old 02-09-2010, 10:34 AM
 
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Spouse Visa (de vacto visa )

Dear All,
I am currently living in Sydney with my wife. I am a dependent visa/spouse visa/de vacto visa on my wife. She is studying hospitality. We have been in Australia since April 2008. And now we got a TRA (Temporary Residential Application) which means we are on the condition of bridging visa. I am working as a full-time in a studio photo. I am the only one who support her living in Sydney (living fee,accommodation etc ) even she is working too.
Unfortunately, our relationship is getting worst. And she is planning to divorce me.

I have some questions to my condition above.

1. If we divorce and I still want to stay in Australia, what do I need to do ?
2. how is the process ?
3. Where do I need to go to get this problem settled ?
4. Can I still stay in Australia if have to study?


Please kindly give me a solution and explanation my friends there.
Thank you very much for your kindness.

Best regards,

Funlive


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Old 02-09-2010, 11:38 PM
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Quote:
Originally Posted by funlive View Post
Dear All,
I am currently living in Sydney with my wife. I am a dependent visa/spouse visa/de vacto visa on my wife. She is studying hospitality. We have been in Australia since April 2008. And now we got a TRA (Temporary Residential Application) which means we are on the condition of bridging visa. I am working as a full-time in a studio photo. I am the only one who support her living in Sydney (living fee,accommodation etc ) even she is working too.
Unfortunately, our relationship is getting worst. And she is planning to divorce me.

I have some questions to my condition above.

1. If we divorce and I still want to stay in Australia, what do I need to do ?
2. how is the process ?
3. Where do I need to go to get this problem settled ?
4. Can I still stay in Australia if have to study?


Please kindly give me a solution and explanation my friends there.
Thank you very much for your kindness.

Best regards,

Funlive
Hi Funlive and I'll move your thread to the Visa & Immigration section.
It sounds like your wife has been on a student visa has she? and is now applying for a temporary residency visa is she?, a 457?

A Bridging Visa normally allows for conditions of the previous visa you were on and a partner of a student is also restricted to only 20 hours of work a week whilst studying is occurring.
It could be that if she has finished studies and unlimited work is allowed, then the bridging visa allows that and for you too as a dependant but you may need to check to ensure you're not already exceeding what the regulations allow.

If the primary applicant is on a temporary visa and a divorce occurs [ they are not so quick here] then the partner would need to apply for their own visa if eligible or leave Australia.

If there is already a definite change in the relationship, your wife should in fact advise the Immigration department of that or when such change does occur.

On that advice being received, Immi would I expect seek to contact you to advise you of the need to get another visa, [a tourist, student or GSM [ is a 457 Employer Sponsor visa an option for you? ]] or that you have a certain ammount of time [nominally 28 days] in which to leave the country.

As to where to go to get the problem solved, it is more to do with what you need to do or will need to do and if your wife is the one to initiate the divorce she'll have to lodge an application with the family court and she can do that herself [ maybe even online ] or via legal support.
At some stage there'll need to be a statement/response sought from you and a read of Family Court of Australia may reveal details for you.

For alternative visas for yourself, you just need to look at what is available and Department of Immigration & Citizenship using the Find A Visa function or just looking at the sections that you may have eligibility for is what you need to do.

A student visa for studying will allow you to stay in Australia for a further temporary period.





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