However, it can take a long time and they would have to re-qualify as a couple, if common law, live together for 12 months or if they want to avoid that, they could get married. What happens when a couple who has been granted PR (permanent residence) splits up after the visa has been granted? Submit evidence of the qualifying relationship such as a birth certificate, marriage certificate, divorce decree, etc. 1. ; Provide proof of your status to demonstrate that you are a permanent resident. Officials described the so-called "public charge" rule as a way to ensure those granted permanent residency are self-sufficient -- and protect taxpayers in the process. At the very least it would probably effect your wife / ex wife's dependent status. ... then the break up is coming...it’s just a matter of when." A permanent resident could … A divorce within months of being granted permanent residency would likely raise alarm bells. It is a permanent visa and it doesn't matter if the relationship breaks down (even the day after the 801 is granted): it is Permanent Residence as long as you don't commit any serious criminal offence and comply with the very easy to meet residency requirements. I am in a de facto relationship with an Australian citizen and have been granted a provisional partner visa (Subclass 820). Staying as a partner under a temporary visa after you have separated may be cause for deportation. If you're worried about whether your break could turn into a permanent breakup, here are five signs to watch out for. If they split up during the visa processing and only the principal applicant gets PR, should they get back together, there is a way for a PR to sponsor a spouse. We have a child who was born in Australia. Once you have been granted permanent resident status, your sponsor cannot have you deported or request that your permanent residence status be revoked on the basis that your relationship did not last. If the break-up happens after your partner has obtained permanent residence there is no requirement to involve DIAC. I was granted Australian Permanent Residency under De-Facto in 2000. If your relationship breaks up before your application is finalized, your sponsor can withdraw the application and you will not be granted permanent residence. You are on a temporary visa. I'm inclined to think they could reject your visa because you have withheld your relationship status. A permanent 801 visa has no conditions apart from the fact that you must continue to observe Australia's laws. My question is, since I was granted Residency under De-Factor relationship and now we're going through divorce; I assume I have to advice Immigration of this. At this point if you choose to stay outside of Australia after that date, then yes, you could lose your residency status. The Partner visas (subclasses 820 and 801) allow the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia. How strict is the 2 year working condition for 186 visas? But that is just my opinion. To obtain a Green Card for your family member, you must: File Form I-130, Petition for Alien Relative. I got married in 2002 and now we're going through divorce. However, if you fly to Australia and stay past that date, it does matter. If we have already granted you residence based on your relationship, your residence status remains the same even if you separate. It is basically just a civil matter between you and your ex-partner.You cannot have your former partner's visa cancelled; you cannot have them removed from Australia. You are on a residence visa. 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