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Title: Divorce and spouse visa status


sweetpea - December 21, 2007 12:00 PM (GMT)
Hi all,
Me and my husband have been here for 1 year. He is main visa holder - skilled independent 136. I came over as his spouse. We are seperating now and he wants a divorce.
Where do I stand with my visa? Will I get my visa cancelled and have to return back to UK.
I dont know what I am going to do yet, so trying to stay calm. We have no kids, just him and me. I know I will be fine, and I may decide to return to UK, but I wanted to know if anything happened to my visa if he divorces me as he is the skilled migrant so he is the main visa holder.
I am ok, I just need to know my legal standing.
Thanks
Wendy

wizzywozza - December 21, 2007 12:33 PM (GMT)
Can't really help with the legal/visa side of things, but I have been through a divorce here in Adelaide and can tell you that you have to be separated for 12 months before either of you can file for divorce and then it takes a couple of months or so to come through, by which time you may be eligible for PR status anyway.

Sharon

pompeyblonde - December 28, 2007 03:38 AM (GMT)
Wendy, I think you'll be ok, is the 136 a permanent visa? You can always call immigration and enquire? All the best

R&3 - December 29, 2007 09:16 AM (GMT)
i saw this situation on an immigration program before we left the uk. The woman in the same visa situation as yourself was going to have to leave oz and have her visa cancelled but because the husband had been violent towards her on one occasion and the police were called the government let her stay.
Good luck. :sign03:




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