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Anyone Divorced In Aus On A Pr Visa?


Perthie

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Hey, so as the topic says as anyone gotten a divorce on a PR visa? Any complications regarding visa validity or kids etc? How did you handle being alone in the country thereafter? Did you go back?

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If you have PR and are in the country, there are no problems what so ever.

So I cannot answer the other questions, but be strong and good luck.

There are a few people out there that have gotten divorced in Australia hopefully someone can answer your questions.

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Hi Rookie

Okay, I havent got divorsed yet as in Oz you have to be seperated for 12 months before you can file for a divorse, so roll on 4 months. We arrived on the 8 May 2010 on a PR my husband decided this was not for himn and chose to pack it in and go back ( 2 months after arriving) not careing wether we wanted to go back or not. Well needless to say we stayed and I have been single for 8 months now and absolutley love it here in Perth. Would never even think about going back. Oh by the way when my ex realised the mistake he had made he came back begging but it was over for me.

I have been in a relationship since, for 4 months but it didnt work out and am now looking for a hot ozzy oak.LOL (he was from SA too.)

When all this happened I contacted the Department of Immigration in Perth and asked how this would effect me on a 176 as he was the main applicant and was told that I have PR now in my own capasity and am not effected. Even if I chose to go back and leave my kids here on their own they would also be fine.

Hope this helps alittle. Where abouts do you live?

Lisa

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Hi Rookie,

As Enrica and Lisa say - your ability to stay on in Oz will not be affected.

I have been separated from my husband for nearly 2 years now - no plans to divorce - we get on well and see each other a couple of times a week... go figure :)

Since I have been on my own I have made a handful of really good friends and tend to socialise more now then we ever did as a couple.

Yes, at times one does miss having a man around the house.... but being on my own is where I want to be for the here and now!

If you ever want to chat or catch up for a coffee, don't hesitate to make contact!

Good luck,

Lee

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To all you amazing girls going through this - you have my utmost respect! :hug: Divorce must be hard enough

in one's own Country surrounded by family and friends - and familiarity - but in another Country.....hmmm - you all rock!

So positive - keep up the good spirits ladies, very inspirational indeed! :rolleyes:

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  • 5 months later...

Hi All....

I'm asking the same questions as Rookie. Our PR was lodged a few weeks ago but still no answer on aproval. Our marriage went down hill a while after we got here and gradually started getting worse.

I need help as i have heard so many options and opinions from people that i dont know what to do or where to turn to anymore.

My question is what options do i have as a single mother?

What rights do i have?

Will me moving out cause a problem for PR as I dont want to go back to SA (dont get me wrong I love SA and miss my friends and family, its just ive made lovely friends here and starting to settle now, I have a great job and loving Aus sooooo much!!).

I would apreciate any help or advice as i am in desparate need of it......and a little freaked out about the whole situation and i would like to know how i can make it easier. Hoping this whole thing wont blow up in my face!!!!!!!

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Hi Olive3

Child Support:

Don't try and get the Child Support money directly from him - it is emotionally draining. Contact the Child Support Agency and let them handle it. They calculate exactly what he is suppose to pay, and even make arrangements with him if he claims he cannot afford it. Leave it in their professional hands. You must remember that you are living in AUSTRALIA now - systems work here!!!!

Centrelink:

You can claim Family Tax Benefit from Centrelink. No shame in that!!! You also get an additional benefit for being a single parent..... all depending on your own income. Go to a Centrelink office and ask them about that. They are very helpful and will tell you what the best options are. In my case, they've told me that it will be better if my kids get Youth Allowance rather than me getting Family Tax Benefit. The end result was that they have received the money (under 18 years can actually be paid into the parent's bank account, but I have decided against it) and it taught them how to work sparingly with their money!!

Separation period:

Yes, the time you have lived in separate bedrooms in the same house form part of the 12-months separation period. When you apply for a divorce (best way is to apply as Joint Application) you have to each specify that you have been living separate but in the same house.

I have been divorced since March this year, and although it was EXTREMELY difficult financially, I survived and would definitely not go back to South Africa (although there were times that I just wanted to give up..... but ha-ha, even if I wanted to go back, I had no money :blush:

BUT...... what I LOVE now..... is the freedom and feeling of safety this country is offering me now. I am not scared or anything like that!! Even sleep with my doors unlocked. I love traveling and I am not scared of doing that on my own. I just love this country!!!!

Please do not hesitate to contact me with any questions!!!! You can always send me a message if you want to talk in private.

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Hi Milada.

Thanks for you reply.... I am a little weary of going to centrelink and family assistance as i dont want to put PR at risk.... if i go to them now will they not put it on the system or something and pull PR back???? I dont know and dont want to take that risk!

Emotionally draing doesnt even begin to describe how i feel....trying my hardest to keep myself together for myself and my children!!!

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Olive 3

I too, would be wary of advertising the fact that you are getting divorced, or that you are separated, BEFORE you get PR. I guess at present you are here on a 457? If you are, then your and the children's status is dependent on your husband. So until your PR comes through, I think you need to be very careful.

Milada's advice is excellent, but I am pretty sure they were on PR.

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Olive 3,

Yes, Milada's info is right on the money, but so is Mara's. Milada is talking about what you can do if you are on PR, before that you cant. And it might (I think will) effect your PR application if you declare that you are separated now. I dont know how vindictive your ex is, but he could hold the PR issue over your head. I would lay low till the PR comes through. I have a friend in Sydney, who came out here with her life partner on a 457. He then decided that he wanted to be single and dumped her just before their PR application was going in. She had 28 days to leave Australia! She did pull out all the stops and is now studying for a degree (at international student fees!) and hope to apply for a visa by herself when she is done. The moral of the story is, until you have PR, your ex does hold a lot of power. Perhaps speak to Stephen Dickson, the migration agent on the forum, to give his 2cents on your case or do you have a idea how long your PR application will still take? Good luck.

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it might (I think will) effect your PR application if you declare that you are separated now.

Olive3 - does your PR application indicate your separation status? If it changed subsequent to submission of your PR application it definitely constitutes a "Change in circumstances" that you're obliged to notify DIAC of. Be very careful and get professional advice on this one!

[edited after reading form 1022 on DIAC's website]

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Yes sorry - I got confused with the title of the topic and Olive3's post. When I commented I totally forgot Oive3 is not on PR yet.

Sorry Olive3, but you will have to be extremely careful. And unfortunately your ex-partner holds the power and will most probably use that "power" - just to proof a point.

You will have to wait for your PR before you apply for divorce..... but hopefully your PR will be approved before the 12-month separation period has been completed.

Unfortunately no Centrelink payments until you have PR. But immediately after your PR has been approved, please go to Centrelink.

The Child Support Agency has a section for "International Parents" on their website. So you will be able to contact them and they will definitely be able to assist you. BUT...... I will send you a private message with the BUT-part..... You will have to be extremely careful. People can behave "out of character" when contacted by the CSA. Their website is: http://www.csa.gov.au/

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Hi all.

Thank you for all your replies.... Your advice is much apreciated!!!

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  • 3 weeks later...

Hi again.....

Once again thanks for all your advice....And to let you know we got our PR approved last week....so,so,so happy.... Things are going a lot better now....

Take care.

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So relieved for you. Now you can start planning your future. Best of luck.

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That is wonderful news!

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