Divorce and Immigration Impact
The client is a permanent resident in Australia under a Skilled Independent Visa and is experiencing changes in their personal situation as they are undergoing a divorce from their spouse, who has relocated overseas. The couple, married for several years, has a child together with an existing custody arrangement. The client's residency and permanent resident status remain unaffected for now, and there have been no communications from immigration regarding this change. The client is considering applying for Australian citizenship and maintains a support network in Australia through friends. The divorce proceedings are currently in progress.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWill the divorce impact my eligibility to apply for Australian citizenship in the future?
The divorce itself will not directly impact your eligibility to apply for Australian citizenship, as your skilled visa is not dependent on your spouse's status. However, to qualify for citizenship, you must meet residency requirements, including living in Australia for at least four years with at least one year as a permanent resident, and demonstrate good character. It is important to ensure that your residency is uninterrupted and to meet the Department of Home Affairs' criteria for citizenship.
Are there any legal steps I need to take to inform the Department of Home Affairs about the change in my marital status?
Yes, you need to inform the Department of Home Affairs about your change in marital status as a permanent resident. This is crucial for maintaining accurate records and ensuring compliance with your visa conditions. You can update your details regarding your relationship status through your ImmiAccount. It is important to report such changes as soon as possible.
How does the divorce affect my rights and responsibilities as a secondary applicant on the visa?
As a secondary applicant under the Skilled Independent visa, your permanent residency status remains independent of your spouse's status once granted. This means your residency is not directly affected by your spouse's departure or your impending divorce. You retain the right to live and work in Australia indefinitely.
Is there a possibility of my permanent residency being revoked if my spouse is no longer in the country?
As a secondary applicant on the skilled visa, your permanent residency status is generally independent of your spouse's status once granted. Therefore, your residency should not be revoked solely due to their departure. It is essential to update the Department of Home Affairs about any significant changes such as your marital status.
What should I know about potential changes in my eligibility for government benefits or services as a result of the divorce?
Divorce itself does not directly impact your eligibility for government benefits in Australia as a permanent resident. However, it is important to inform the Department of Home Affairs of changes in personal circumstances, which may indirectly affect eligibility for certain benefits.
