Divorce and Immigration Issues
The client is the primary holder of a visa and is undergoing divorce proceedings from their spouse, who is a dependent on this visa. The divorce is being contested, and the client has not made any attempts at reconciliation. The marriage commenced in early 2020, and the couple separated in mid-2024. There are no children involved in these proceedings, and the client has yet to update their visa status with the relevant immigration department.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps do I need to take to formally notify the immigration department about the change in my relationship status while my divorce is ongoing?
To formally notify the immigration department about your change in relationship status, you must complete the relevant form for notifying changes in circumstances and submit it to the department. This form allows you to update your personal details, including your relationship status. Ensure that your legal representative is informed and may assist you with this process.
How might the divorce proceedings impact my spouse's status as a dependent on my visa?
Your spouse's status as a dependent on your visa is tied to your relationship. If the divorce is finalised, they may lose eligibility to remain in the country as a dependent. It is crucial for them to explore other visa options if they wish to remain independently.
Are there any specific legal requirements or documents needed to update my visa status in light of my divorce?
To update your visa status due to divorce, you'll need to submit the appropriate form to inform the immigration department of your change in relationship status. It may be necessary to provide relevant legal documents from the divorce proceedings as evidence of the change.
What are the potential consequences for my visa if my spouse contests the divorce?
If your spouse contests the divorce, it may delay the proceedings. However, their dependent visa status is contingent upon your relationship. Once you notify immigration of your separation, their dependent visa may become void.
Can the ongoing divorce potentially delay or affect any future visa applications or extensions for me or my spouse?
Yes, the ongoing divorce could potentially delay or affect future visa applications or extensions for both parties. Changes in your marital status could impact your spouse's dependent visa eligibility.
What if I want to withdraw the divorce case? Do I still need to inform immigration?
If you withdraw the divorce case, you still need to notify the immigration department about the change in relationship status, as it can affect your spouse's dependent visa.
If my spouse wins the divorce case, will they be able to stay here?
Winning the divorce case would not directly grant your spouse the right to stay as a dependent on your visa. They would need to apply for an independent visa to remain in the country.
