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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 you’re 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, let’s 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 let’s explore more scenarios.
If your visa application includes a partner or if your application depends on your spouse’s application, it’s likely that your 491 visa will be affected.
Let’s talk about three scenarios that your case may fall under:
Suppose you’re 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 partner’s 491 skilled regional visa, that’s 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.
It’s 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 one’s 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 you’re overwhelmed, don’t 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!
The team at parish Patience Immigration Lawyers were incredibly helpful throughout the application process. Their assistance made our lives so much less stressful and their expertise cleared up any confusion we had. They remained engaged with us the whole time and quickly responded to any questions with thoughtful, detailed answers. Special thanks to Usman Ali and Shan . We highly recommend the team at Parish patience immigration lawyer for anyone considering help regarding any kind of visa .
Highly recommended lawyers! Extremely professional and reliable service, with outstanding outcomes. A special thanks to Mr Thong and Marlene, for helping us with our difficult case. Not only did they ensure that everything was ready to go, but their professionalism came in favor when we were granted our visa within just under 6 months!
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.
Successfully handled my case. He had been prompt, caring and very professional in dealing with my case. I am glad to have received very strong support, guidance and service from them. I would highly recommend Parish patience immigration lawyers. I wish the best for their future prospects.
I’m really thankful for the guidance and assistance I’ve received regarding my Partner visa from Shan and his assistance Asha at Parish Patience. They handled my matter professionally and there were clear instructions from the beginning till end. I got my partner visa 820 granted in less than 7 months, thanks to their knowledge and expertise. I wish them all the best and highly recommend Parish Patience Immigration Lawyers for any sort of immigration matters.
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 you’d 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 let’s 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. It’s 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, it’s 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.
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 Affairs’ official website for the most current guideline, advice, and general guidance.
Sadia Ahmed2024-03-13Usman looked after my file and we are granted 189 today . Very supportive teamT Malhi2024-03-07I would like to express my sincere gratitude to Parish Patience for the exceptional service they provided throughout my journey from Winning MRT(student visa ), 485 Visa and another student visa extensions to finally obtaining skilled migration. Usman demonstrated remarkable expertise and unwavering patience in addressing all my inquiries. I never felt the need to persistently follow up for updates on my application. His consistently kind, generous, and positive demeanor was truly commendable. I highly recommend Usman's services and extend my heartfelt appreciation to him.Thank you, Usman for bringing joy to those who have lost hope. You should be proud of the work you doYaad Matharu2024-03-07I highly recommend their service. I would like to express my gratitude to Mr. Usman for his exceptional professionalism and expertise.Umer Saeed2024-03-04Very professional, high standards of service and comprehensive knowledge of immigration, i strongly recommend them to anyone who requires immigration advice.Safat Aqib2024-02-27I received excellent service from Parish patience. Usman and Billah were extremely proficient and courteous, and they assisted me throughout every stage. I strongly recommend them to anyone who requires immigration advice.Kanika Dua2024-02-22Hi Just want to share my recent experience with parish patience. I was depressed and hopeless about my case and MR PRASAD at parish patience gave me hope and prepared my file very strong so I win in the AAT hearing. The case is in my favour now and hopefully i will get PR very soon. Highly recommend their service. They all are professionals and experts in their fields.Anand Inbasekaran2024-02-19I thank Upasna for making the visa process smooth and stress- free. Her attention to detail, prompt responsiveness, and in-depth knowledge of immigration procedures reflect a high standard of service. It was a pleasure to work with Parish Patience, and I would confidently recommend your services to others.Thihan Oo2024-02-17Very happy and grateful for your services, fast, reliable, approachable and super efficient team, Shan and Asha, you guys are the best.Sarma B2024-02-16I can't express enough gratitude for the outstanding service provided by my lawyer in helping me secure my partner visa. From the moment I walked into their office, I felt reassured by their warm demeanor and professionalism. Throughout the entire process, they were not only knowledgeable but also incredibly supportive, guiding me through each step with patience and clarity. What truly sets them apart is their accessibility. Whenever I had a question or concern, they were readily available, promptly responding to calls and emails, which alleviated any anxiety I had about the process. Their dedication to their clients is truly commendable. Thanks to their expertise and unwavering support, I am now able to build a future with my partner without the stress of immigration uncertainties. I wholeheartedly recommend their services to anyone in need of legal assistance, especially for partner visas. Thank you immensely for your outstanding representation!Rohan chowdhury2024-02-06Usman Ali is by far one of the best lawyers I’ve met, very knowledgeable, very professional, calm, supportive, prompt in replying with his emails, basically everything that you look in a lawyer. He made the process unbelievable quick, effective and successful. Heartily thankful for him and the whole team.
