Twisted case or maybe common. Seeking advice.

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Member since 22 October 2018

uliveonlyonceNew member03 October 2019 16:05:26

Hello all,

I'm based in India. I want to take Australian PR and eventually settle down there. I'm married with no kids. My wife doesn't want to leave India. Now,

1) Can I apply for PR without including her in the visa process (with her consent) or anyways I have to include her for moving?

2) If point 1 holds true i.e. I can move to AU without including her and she stays in India and later, say, after 6 months we decide to get separate (which also eventually is on the cards if I move to AU), do I need to leave AU under any compulsion to settle divorce legal matters in India first? Will that affect my PR status? Or I can work in AU and just move back and forth to India to settle legal matters?

Your 2 cents advice could be very helpful. Please do that!

Many thanks!

Expatlawyers Member

Member since 28 January 2019

ExpatlawyersMember08 October 2019 01:44:42

Hi uliveonlyonce,

Here is the advice for your matter:
1. You don't have to lodge a joint application with your wife for PR, however, you need to explain the reason why your wife would not join you for PR and more importantly your wife needs to provide No-criminal records and Medical examination results when you apply your Australian PR.
2. Australia will recognise your marriage that was entered into in India. You can initiate your divorce proceeding in Australian Family Court (except in WA) once you have separated for 12 months and have been residing Australian for 12 months.....

Hope this answer could help.

Regards
Ann ZHOU ***

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