# Withdrawal of Partner Sponsorship



## vikram04 (Aug 26, 2014)

My relative is residing in Sydney. She has lodged her file for Australian PR. She has been married to an Indian boy in Australia since 2 years. Now she is having trouble in her marriage and circumstances are not favorable. 
Her husband is also a sponsored applicant as a dependent included in PR file. 
At present she is in India and want to withdraw the name of her husband from PR file as a change of circumstances. 
After withdrawing his name will she get PR alone. 
In how many days after withdrawal, her husband will be deported to India if he doesn't have any other valid Visa . 
After withdrawal if she files a divorce in Australia. What is the process. 
After her husband will be deported will she still have to wait 12 months to file a divorce or she can file immediately. Until her divorce is granted after withdrawing the name of her partner, Can her partner stay in Australia till the divorce case is decided.


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## CollegeGirl (Nov 10, 2012)

Divorce and immigration/visas are two separate things. I can't help with the divorce part, but I don't think waiting for a divorce would allow him to stay in the country. 

What sort of visa is she applying for? If she is applying for a skilled visa, and she is the primary applicant and he is just a dependent, yes, she would still get her skilled visa after taking him off it. 

If their relationship has already broken down and she is sure she is not going to change her mind, she is required to, and would be better off, removing him from the application now, before the application is granted. 

If she waits until he is in Australia already, he will have 28 days to leave or apply for a visa on his own. There is no telling how long they would take to actually deport him if he did not leave.


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## vikram04 (Aug 26, 2014)

Thanks for your response Madam, My relative marry that boy before lodging her PR file. Now my point is If her PR comes as accordingly on time along with her Husband. As her husband's main motive is to get Australian PR and at present he don't want to give mutual consent for divorce before getting PR. 
If she allow him to get PR on her behalf and after that if she file a divorce petition mutually, In how many days she will get her Divorce Certificate. 

After getting divorce in how many days she can marry again to another Indian boy. Can she sponsor him as a husband and call him to Australia to live with. Please guide me regarding this. 

Regards...


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## vikram04 (Aug 26, 2014)

After her divorce, can she invite an Indian boy to Australia on Prospective Marriage Visa. or as a Husband if she marry any Indian Boy.


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## vikram04 (Aug 26, 2014)

My questions are 

1.) My relative marry an Indian boy on 16th August 2012 in Australia, That time she was on TR Visa, She lodged her PR file after that as a main applicant and sponsor that boy as a partner/husband. Still her PR file is under process & at present she is in India at her parents house so her PR file is on hold. After reaching back to Sydney her PR case will be decided as it is on final stage. 

2.) Her husband's main motive is to get Australian PR. before getting PR he don't want to give divorce mutually. 

3.) If she allow him to get PR on her behalf & after that if she file a divorce petition mutually, in how many days she will get divorce certificate. 

4.) After getting Australian PR is she still have to show one year separation or not. 

5.) If she withdraw the name of her husband from PR file, and after that she files a Divorce petition in Australia in how many days she will be separated legally. 

6.) After getting divorce in how many days she can marry a new Indian boy of her family choice in India. Can she sponsor him as a husband and invite him to Australia as a life partner to live with. 

Actually we all are bit confused on this point. Will we should allow her husband to get PR on her behalf. And after that file a divorce petition mutually. As her husband's main motive is to get Australian PR.

or

She should withdraw the name of her husband from PR file & file a divorce petition alone as now she don't want to live with him anymore. If she withdraw the name of her husband from PR will she get PR alone. 

She is already 28 years old now, we don't want she waste her more time in this nonsense situation. She has suffered a lot physically & mentally while living with him. Family is also very worried about their daughter a lot and going through mental pressure. 

Please guide, what is the best and easy option for her to get rid of this boy.

Waiting for your response.

Yours Truly,


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## Maggie-May24 (Jul 24, 2011)

It may be very difficult for her to remove him from her visa if they're still married, but she may be able to lodge a Change of Circumstances form to show him as a non-migrating dependent so they don't issue him a visa when hers is granted.

As CollegeGirl has said, divorce is completely separate from immigration so she should see a family lawyer about that. Once divorced, I assume she could marry the next day if she's already found someone else. She could sponsor a partner immediately.


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## Maggie-May24 (Jul 24, 2011)

What visa has she applied for?


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## CollegeGirl (Nov 10, 2012)

Reading Vikram's additional posts, I think he's saying her HUSBAND is the one who applied for PR, with her listed as spouse. 

She can only get that PR visa granted to her if they are still together and married. Otherwise, she would no longer qualify if they were still together, and she would not get a visa on her own. 

I can't answer any of your questions about the divorce process, as, again, that is entirely separate from immigration.


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## Maggie-May24 (Jul 24, 2011)

I read this part "That time she was on TR Visa, She lodged her PR file after that as a main applicant and sponsor that boy as a partner/husband. Still her PR file is under process & at present she is in India at her parents house so her PR file is on hold. After reaching back to Sydney her PR case will be decided as it is on final stage." as she's the applicant, perhaps from a 489 to a 887 visa or something like that. He doesn't want to get a divorce or else he won't get PR. So that's why I suggest she try changing him to a non-migrating dependent and then he'd be left outside Australia when her visa is granted.

That's an assumption on my part that DIBP would process it that way. Vikram, it would be worth her while to speak with a migration agent to see how to proceed.


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## vikram04 (Aug 26, 2014)

*regarding information*

Is it possible that main applicant can withdraw the partners sponsorship while PR file is under process. What is the process. Please guide.


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## CollegeGirl (Nov 10, 2012)

If she is the main applicant, she would simply need to contact the CO to ask to have her spouse taken off as the relationship has broken down. If the CO needs anything additional (like evidence) to take the partner off the visa, they will ask for it.


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## Valentine1981 (Sep 13, 2012)

Regarding the divorce. If they were married in Australia then she must wait 1 year after separation before she can file for divorce - then she has to wait a few months for a court date. If the divorce is granted,it comes into effect a month and a day after the judge makes their decision. I believe if the marriage is under 2 years in duration - mandatory couples therapy is required before a divorce will be granted - however by the look of your post,they have just passed the 2 year mark.


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## vikram04 (Aug 26, 2014)

*hi*

Dear Madam,

If she allow him to get permanent residency through her being a main applicant and after that she file a divorce. In how many days she can sponsor her another spouse. What are the complications after that.


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## Maggie-May24 (Jul 24, 2011)

Waiting for him to get PR and then filing for divorce would be a serious issue as she is obligated to advise DIBP of changes in her circumstances. If they feel she has allowed her husband to get a PR visa under fraudulent conditions, it could put her visa in jeopardy and certainly could cause issues if she wanted to sponsor a partner in the future.


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## aliza (May 23, 2015)

Hello, 

I am waiting for your response.
Thank you very much.

Kind regards,
aliza


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