Death of main VISA holder

[Roxanne]

Hello everyone, 

 

My husband met with our financial adviser yesterday (in prep for financial immigration), and he asked a very pertinent question (one we did not think about...nor have the answer to). 

 

I have applied for a 189 visa, and hubby is coming across on that with me. 

What happens in the event that something happens to me and I, lets say, die? What implications are there for him? Can he continue to stay in Aus? Would he be eligible for citizenship down the line? 

 

It is a rather morbid topic, but important to consider nonetheless ........  Can anyone shed some light? 

[HadEnoughofJuju]

@Roxanne If you are granted a 189 PR visa then all secondary applicants hold the right to live and work in Australia independently of the primary visa applicant. It's only when you are on a temp working visa (like the 489 or 457) that you may have issues. I know of several instances where after arriving in Aus, couples have divorced or separated and the primary 189 applicant has return to RSA leaving all the secondary visa applicants behind and they haven't had issues.

[Roxanne]

@HadEnoughofJuju Great, thank you so much for this info. 

[TamTam]

Unfortunately when you emigrate these types of questions arise and good on ya for taking the time to do the research.

The most stressful one in my opinion is for parents who need to consider guardianship for their children should both parents pass away before the children turn 18. What do you do, let them get sent back to SA? Unless you have family in Australia or really good friends who you can trust, it's a tough one.

 

Also important to know is your South African will is not valid in Australia - you need a new one drawn up here.

 

OK that's enough morbid topics for the day.

[Roxanne]

Thanks @TamTam 

We don't have kids, so thankfully that is one thing we don't have to worry about. 

However, thanks for the heads up on the will. We'll have to get that sorted soonest. 

[dme]

Any suggestions on how to go about drawing up a will in Australia? Where do you go to do it?

[TamTam]

We went through the public trustee of QLD (it was free) but you can do it through a lawyer as well. Personally I would avoid those online will kits!

[ottg]

In the past I subscribed to the "Barefoot's inner circle" and he provided a great checklist "Everything in one place" - get it.

Their you should include for when passing: Contact details for people who can help you; A statement of my net worth; Details of all my bank accounts, insurance and investments; Access to my email, and social media accounts; Answers to the questions you’re probably asking yourself right now; My funeral instructions; Plus, something special at the end

 

Included is an Estate Plan checklist (he strongly advice against online Will kits template) - get that. (Differentiate plan if total wealth is < $1 million or > $1 million)

The Estate Plan should include: 3-generation testamentary trust mutual wills; Enduring power of attorney; Medical power of attorney.

Single/Couples Testamentary Trust Bundle available here: https://www.legalconsolidated.com.au/estate-planning-and-wills/

 

[TeeTMI]

Just to confirm that, once your Australian permanent residence visa have been validated (if offshore), that each person that was granted a Permanent Residence visa holds permanent residence.  If the primary/main visa applicant was to die this would not impact on the Permanent Residence status of the other family members that were included within that application.

[Riekie]

Any will is valid in Australia as long as it complies with Australian estate law.  That said, Australia does not have the authority of enforcement over South Africa as far executing the will goes for any assets in South Africa that is subject to any law that prevents it from being added to the estate. For instance, if you are married in community of property in South Africa, then South African law dictates how assets in South Africa should be dealt with and on the flip side, a South African will cannot dictate how assets in Australia is dealt with if the instruction is in breech of Australian estate law. Hope that makes sense.