# Divorce after PR



## Sean (May 30, 2015)

Hi, I was on Partner provisional visa 309. I got my Permanent Residency visa (visa 100) three weeks back. For the last few months my relationship with my wife(my sponsor for visa 309) was not in a good shape. However we were been togather with all the ups and down, but relation ship was deteriorating day by day. For the last few weeks it`s been literally impossible to coupe up with each other & also my in laws who lives here made the situation worst . I have been thinking of taking a break from the situation by living separately for few days, maybe months . After I proposed this to my wife she start threatening me about my visa, that she would take steps to do harm to my visa. My in-laws also making the same threat indirectly. Now, my question is : 
1. is there any time limit or any condition exists to maintain PR visa in terms of divorce or separation ?
2. Can my wife or anyone do any harm to my PR visa ( need to mention that our relationship was genuine and was continuing) , even that I just got my PR few weeks back...? 

PLEASE help me out to find these answers. I heard some rumours about cancelling visas and revenge stories that made me really worried.


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## CCMS (Oct 10, 2013)

If you have legitimately obtained permanent residency, there is nothing stopping you from getting a divorce and nothing anyone can do about your visa.

I never cease to be amazed at how many people think they can cancel someone else's visa. They can't, only the Minister of Immigration can.


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## Mark_ (May 27, 2015)

CCMS said:


> If you have legitimately obtained permanent residency, there is nothing stopping you from getting a divorce and nothing anyone can do about your visa.
> 
> I never cease to be amazed at how many people think they can cancel someone else's visa. They can't, only the Minister of Immigration can.


The Department of Immigration and Border Protection (DIBP) will provide DHS - Centrelink details of visa applicants and sponsors of the onshore partner visas programme years 2012-13 and 2013-14. Matching of DIBP and DHS - Centrelink data holdings will assist in identifying instances of migration and social security fraud. DIBP will release this information under Australian Privacy Principle 6.2 (b) of the Privacy Act 1988 with reference to the Social Security (Administration) Act 1999.

DIBP will release more than 5000 individual records to DHS-Centrelink for data matching purposes. These records will be electronically matched against DHS-Centrelink data holdings to identify non-compliance and fraud through declarations regarding relationship status and details.

DHS-Centrelink will provide results to DIBP where a match has occurred. Subsequent analysis will be used to identify non-compliance and fraud and form the basis of mitigation enforcement strategies including criminal investigations. DIBP will identify and where appropriate investigate:

· Visa applicants suspected to be involved in migration fraud in the partner visa programme.

· Centrelink customers who are failing to declare their correct relationship status to the department.

· Facilitators / organisers / professionals involved in migration fraud using the partner visa programme as a pathway for their clients to obtain permanent residency in Australia.

· Vulnerable sponsors potentially being exploited and identify intervention strategies to ensure that they are not being exploited through the partner visa programme.

i want to ask you and i hope you help me :
i got my pr in october 2014, then in march 2015 my ex walk away and she left me , so i apply for austudy as separate so my question will that effect my 801 visa ? 
my ex she never got any payment from centerlink even when we been together we didn't apply for centerlink payment


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## Maggie-May24 (Jul 24, 2011)

Mark_ said:


> i want to ask you and i hope you help me :
> i got my pr in october 2014, then in march 2015 my ex walk away and she left me , so i apply for austudy as separate so my question will that effect my 801 visa ?
> my ex she never got any payment from centerlink even when we been together we didn't apply for centerlink payment


I think you have absolutely nothing to worry about. You got your PR visa in October. 5 months later your ex-wife left you and after that you applied to CentreLink. There's nothing wrong with this.

I think the intention of the match-up exercise is to catch people who are claiming single status on CentreLink benefits at the same time they are sponsoring a partner visa, so essentially saying they are single and in a relationship at the same time.


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## wrussell (Dec 31, 2014)

You are OK, provided you were in a genuine relationship at the time of application and at the time of decision.


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## Mark_ (May 27, 2015)

wrussell said:


> You are OK, provided you were in a genuine relationship at the time of application and at the time of decision.


thank you so much for your reply final question are they going for example to ask me or investigate why our relationship is end ?


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## wrussell (Dec 31, 2014)

They might ask when your relationship ended.
Do you expect your former partner to confess to signing a false statutory declaration?


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## Mark_ (May 27, 2015)

wrussell said:


> They might ask when your relationship ended.
> Do you expect your former partner to confess to signing a false statutory declaration?


no she wont do anythings our relationship was genuine , but the problem is that my ex she might went overseas how they will ask her why our relationship is ended.


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## Mish (Jan 13, 2013)

Mark_ said:


> no she wont do anythings our relationship was genuine , but the problem is that my ex she might went overseas how they will ask her why our relationship is ended.


They can check if she is in or out of the country but DIBP should have her email address (if still valid). They would contact her that way if they want to.

Honestly doesn't sound like you have anything to worry about if your relationship was genuine.


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