Bridging Visa and divorce

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Bridging Visa and divorce


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Old 05-06-2014, 02:08 AM
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Question Bridging Visa and divorce

Hi,
I am in a Bridging Visa A since now 15months, waiting to get my Temporary Partner Visa.
I would like ou know what will happen if my wife and I divorce before I get my temporary visa. Could I stay in Australia during at least the time to get divorced ?
Because I'm waiting since 15months (and been in total 4years in the country - whv and tourist visa previously) I will get straight away my Permanent Visa ? (if we don't divorce before that)

Thanks

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Old 05-06-2014, 02:24 AM
GBP GBP is offline
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if your marriage breakdown, you have 28 days to leave the country after you notified the DIBP.

you will not get a partner visa if your relationship is not continuing.

you might go straight to pr only if it is already 2 years from the date you lodge your application.

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Old 05-06-2014, 02:32 AM
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If your relationship breaks down, you and your partner are obligated to immediately inform DIBP. DIBP will advise you how long you can remain in Australia before you would have to leave (assuming you can't apply for any other type of visa).

I doubt you can remain in Australia for the time required to get a divorce as that can be a lengthy process, and you can organise divorce arrangements from overseas.

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Old 05-06-2014, 02:55 AM
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You sound as if you think you can wait until you divorce to notify DIBP that your relationship has broken down. This is not the case.

You and your spouse are both legally required to notify DIBP as soon as your relationship "breaks down." This does not just mean divorce. If you are separated or living apart and are sure you are no longer going to continue your married relationship, that's a pretty clear sign your relationship has already broken down. You are obligated to report this to DIBP immediately, and I'm sorry to say there's not going to be any way for you to stay in the country. Your partner visa is contingent on your relationship being genuine and continuing, which it sounds like your isn't. If it's later discovered you and your spouse were separated and you continued with the partner visa application anyway, your visa would be revoked.

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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