QuoteReplyTopic: Temporary Resident Spouse Visa & Separation Posted: 19/July/2010 at 22:02
Iam currently in Melbourne, married to an Australian citizen, and on a Temporary Resident Spouse visa (subclass 309).
I applied for this visa after my marriage in India , and received the visa in April 2010.
As per conditions of the visa, I can get my Permanent resident status (Sub Class 100), after a waiting period of 2 years, if my married relationship is continuing at that point of time.
Unfortunately, things have not turned out to be as planned for me, and my husband (who is sponsor for this spouse visa) is contemplating to file for separation from me.
In this situation, I have the following queries :
1) After the separation (but before legal divorce, which needs a 12 month separation period), can my husband apply to immigration department to withdraw sponsorship for my spouse visa ? And in such case can my visa be revoked/ cancelled and I be forced to leave Australia ?
2) Iam doing a part time job in Melbourne and now looking for a permanent job and wish to continue staying separately in Australia. What visa options are available to me, i.e work visa,etc (without having to leave Australia), in case my TR spouse visa is revoked/ cancelled ?
I will be very thankful if you can help me regarding my above queries
Your husband cannot apply to have you removed from the country, but he is obliged to inform immigration if you are no longer in a relationship.
Immigration then decide if there are any grounds by which you may remain here. They look at reasons why the relationship ended, and particularly if you left your husband due to domestic violence. Should this be the case, often they will allow the migrant to remain, if it can shown that they were the victim.
You should talk to a lawyer if you believe you may have grounds to remain, and ask for guidance.
I am NOT a lawyer. Anything said is NOT legal advice.
Please post your legal questions in a forum rather than sending a PM. Thanks.
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