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Understanding the intricacies of Australian visa regulations is challenging in itself, but it becomes double the challenge when dealing with stressful life events, such as a divorce.
For holders of the 491 visa, a provisional subclass of the skilled regional visa, it is then very important to take the next best steps to ensure that their visa status will not be negatively affected. Or if it were, then taking action becomes necessary to not worsen the situation.
If youâre a 491 visa holder or applicant in the midst of divorce with your spouse, this blog post will pull the curtain on what you need to know and do.
Before getting into the specifics of how a divorce may affect your visa status, letâs first briefly tackle what is a subclass 491 visa in Australia.
A subclass 491 visa is a provisional or temporary visa for skilled migrant workers in designated regional parts of Australia. It lets qualified applicants stay, reside, pursue studies, and work in regional Australia for up to five (5) years with a pathway to permanent residency under subclass 191.
Depending on your specific situation, a divorce may or may not have a direct impact on your current visa status. But letâs explore more scenarios.
If your visa application includes a partner or if your application depends on your spouseâs application, itâs likely that your 491 visa will be affected.
Letâs talk about three scenarios that your case may fall under:
Suppose youâre the primary holder of the subclass 491 visa. In that case, your visa status will not change even in the slightest. But you have the responsibility to inform the Department of Home Affairs about your changed marital status by sending a 1022 Form.
However, if you are a dependent on your partnerâs 491 skilled regional visa, thatâs when your status as an immigrant may be impacted significantly. Once your ex-partner informs the Department about your divorce, the latter will notify you about whether your visa is cancelled, especially if your visa is dependent on your marital relationship with an Australian permanent resident or citizen.
It could get a bit more stressful should there be children involved and that they are listed as visa dependents. You would then need to communicate this to the immigration authorities and talk about custody arrangements.
Talk to one of our Visa Experts Now.
Itâs critical that you take immediate action and steps following a divorce. This includes:
Stay up to 18 months if you have the qualifications and skills that the Australian workforce needs under the skilled occupations list.
Study and graduate in Australia and stay up to 2 to 4 years depending on your skills.
Stay up to 18 months if you have the qualifications and skills that the Australian workforce needs under the skilled occupations list.
Study and graduate in Australia and stay up to 2 to 4 years depending on your skills.
A divorce is undoubtedly one significant live event that can alter the course of oneâs life. And yes, even your visa status as an Australian immigrant. For 149 visa holders or any holders of visa for that matter, learning about the implications and taking the appropriate legal steps are extremely important to maintaining a lawful visa status in the country.
If youâre overwhelmed, donât think twice about hiring an immigration specialist who can truly help you in taking the best course of action based on your current situation.
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Here is what some of them had said!
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Thong and Marlene helped my partner gain permanent residency in Australia. We did the application ourselves but it turned out lots of information we needed to provide was missing. Thong and Marlene picked our case up and helped amend it. I really appreciate their help and guidance and look forward to contacting them again in the future. I am pleased by their efforts and professionalism.
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A divorce may in fact affect your visa status, but you have other legal options to remain in Australia if you wish to stay and live here on an appropriate visa youâd be best suitable for. Parish Patience Immigration Lawyers can help you navigate your options, assess your eligibility, and provide expert recommendations on what you could do next to stay lawfully in Australia despite your divorce with an Australian partner.
Book a consultation with us and letâs begin your journey to permanent residence, the Parish Patience way!
Got more concerns related to divorce and its possible implications on your immigration status?
Here are some others we get asked, alongside our responses.
If you get divorced AFTER obtaining your permanent residency, it is unlikely that it will have a negative effect on your visa status.
If your PR visa application is ongoing and you get divorced with your spouse who is also your sponsor, your application will need to be reassessed based on this recent change of circumstances. And yes, you could lose your visa in the event of a divorce while your visa application is ongoing. Itâs advisable to have a proper consultation with an expert to discuss the matter in more details.
Only the Department of Home Affairs has the legal power and authority to cancel a visa. Therefore, your husband or spouse cannot cancel your visa even if your partner is also your sponsor.
If your visa gets cancelled by the Department due to a change of circumstance on your marital status, you can definitely apply for a different visa type that you may be eligible for. It could be any visa related to work, study, travel, etc. To help you make an informed decision on what you can do next, itâs best to consult with a migration expert.
As is the case with processing visa applications, the finalisation of a divorce also depends on key factors, such as the complexity of the case, individual cooperation, and the caseload of the court. But in general, a divorce is typically finalised in Australia for about four (4) months or so.Â
Disclaimer: This blog is intended only for general informational purposes. It does not constitute legal advice nor must it be regarded as such. Visa regulations change over time without notice, and individual circumstances play a big role. It is always best and recommended to consult with a qualified immigration lawyer or refer to the Department of Home Affairsâ official website for the most current guideline, advice, and general guidance.
