Expat Forum For People Moving Overseas And Living Abroad banner

1 - 10 of 10 Posts

·
Registered
Joined
·
3 Posts
Discussion Starter · #1 ·
Hi Team,

Can anyone please advise if we can apply PR in Australia with status as "separated " while divorce case is in progress in India?

since getting divorce finalize in india can take much time and with this condition can we apply PR mentioning the status as "separated and divorce in progress with the details of petition from India".

or i have to mention dependent till the time i dont get divorce order. If i do so then i have to do the medicle test for non-migrant which seems to be impossible in this situation.

will migration officer can consider proof - petition copy from India as valid one and procced for PR.

Please advise, need urgent advise. Thanks,
 

·
Registered
Joined
·
1,574 Posts
Hi Team,

Can anyone please advise if we can apply PR in Australia with status as "separated " while divorce case is in progress in India?

since getting divorce finalize in india can take much time and with this condition can we apply PR mentioning the status as "separated and divorce in progress with the details of petition from India".

or i have to mention dependent till the time i dont get divorce order. If i do so then i have to do the medicle test for non-migrant which seems to be impossible in this situation.

will migration officer can consider proof - petition copy from India as valid one and procced for PR.

Please advise, need urgent advise. Thanks,




Option 1:

Apply as separated with the evidence of proceedings or filing for divorce, but you should be able to provide Court order( finalised) to prove your claim when CO requests.

Option 2:

If you want to continue with dependent name( non-migrat) , Medicals for non-migrants is not required ( Check DIBP for details).

Call is yours.

I suggest , prefer hassle free processing with first option, even when the processing takes considerable time
 

·
Registered
Joined
·
5,859 Posts
Option#2, IMO is not an option at all. They are not living under the same roof, not in a domestic relationship, and have already started the process to dissolve the relationship.

OP should proceed with his PR declaring "separated" as the status and upload the divorce petition that he and his (soon-to-be) ex have filed under "Divorce/Separation, Evidence of" category in his immiAccount.

Edit: PS: I hope no kids, or else things become complicated.
 

·
Registered
Joined
·
1,574 Posts
when OP is not willing to disclose that the separation process is under progress, then Option2 is a probability, But its not honest way to proceed.

If kids are there, OP has to show the custody of kids according to whether he is willing to take them or not.

Preferred method is always a honest way.
 

·
Registered
Joined
·
3 Posts
Discussion Starter · #5 ·
Option 1:

Apply as separated with the evidence of proceedings or filing for divorce, but you should be able to provide Court order( finalised) to prove your claim when CO requests.

Option 2:

If you want to continue with dependent name( non-migrat) , Medicals for non-migrants is not required ( Check DIBP for details).

Call is yours.

I suggest , prefer hassle free processing with first option, even when the processing takes considerable time
*****************************************************
Thanks for quick reply- no kid and further complexity.
However In option#2- are we sure that no medical test is required. since in past posts i have seen this is mandatory for non-migrant dependent. can you please give me some more insights or some link to refer?

i think it should be honest- since legally my status is not yet divorcee and still married.
In case no medical test require, can i go through this way?

for Option#1 -
Indian divorce takes hell lot of time and particularly when other side is after lumsum money. so in that case is it really CO can wait for that much time to get finalized court order? wont be there are chances where CO will reject my application based on unavailability of my status proof? or CO can consider petition copy as proof to procced PR?
 

·
Registered
Joined
·
3 Posts
Discussion Starter · #6 ·
Option#2, IMO is not an option at all. They are not living under the same roof, not in a domestic relationship, and have already started the process to dissolve the relationship.

OP should proceed with his PR declaring "separated" as the status and upload the divorce petition that he and his (soon-to-be) ex have filed under "Divorce/Separation, Evidence of" category in his immiAccount.

Edit: PS: I hope no kids, or else things become complicated.
******************
Thanks KeeDa!
but can you please let me know in case finalized court order Is mandatory to finalized the PR application since as mentioned in my earlier reply it takes hell lot of time in india to get finalized divorce.
or
CO can progress based on the petition as evidence and finalized by PR?
 

·
Registered
Joined
·
1,314 Posts
******************
Thanks KeeDa!
but can you please let me know in case finalized court order Is mandatory to finalized the PR application since as mentioned in my earlier reply it takes hell lot of time in india to get finalized divorce.
or
CO can progress based on the petition as evidence and finalized by PR?
Personally I feel this will take longer time for PR process also. Please don't mistake me that I post negativity but I just put possible problems because it involves huge time and cost so better analyse all possible problems and proceed.

Reasons I assume as below:

1. Medical may not be required but PCC may required when you did not show the divorce case

2. I am doubtful about getting PCC for both when the case is under progress

3. Even if PCC is available DIBP does lots of checks which is not known to us this may be one of the checks that whether applicant has any progressing court cases.

4. If you still mention as separated and provide the case details DIBP may ask you to sort out the issue and provide the final verdict copy.

I am not sure about all the above I just mentioned whatever it comes on my mind.
Kindly clarify if I am wrong.
 

·
Registered
Joined
·
5,859 Posts
PCC for non-migrating dependents is mandatory.

Now that you mention it is contested (and not mutual), are there any other complications? DV, 489? Has the court allowed any interim benefits to her? If the court has, then by definition, she is dependent on you. See "dependent" definition here: Definitions
 

·
Registered
Joined
·
1,574 Posts
*****************************************************
Thanks for quick reply- no kid and further complexity.
However In option#2- are we sure that no medical test is required. since in past posts i have seen this is mandatory for non-migrant dependent. can you please give me some more insights or some link to refer?

i think it should be honest- since legally my status is not yet divorcee and still married.
In case no medical test require, can i go through this way?

for Option#1 -
Indian divorce takes hell lot of time and particularly when other side is after lumsum money. so in that case is it really CO can wait for that much time to get finalized court order? wont be there are chances where CO will reject my application based on unavailability of my status proof? or CO can consider petition copy as proof to procced PR?

Even If you choose Option2 , still PCC is required and there are other complications to prove that your partner is not at all depending on you financially and emotionally anymore and she is independent,If you are bound to pay something regularly to your partner after divorce is considered as dependency.


Prefer Option 1, Indian courts take long long time though, to release final verdict.

COs will always extend the processing time when you let them know politely that your case is under progress and it will take time.No issues.

But, you should be patient enough to wait until the process completion.

Good luck
 

·
Registered
Joined
·
2,949 Posts
Hi Team,

Can anyone please advise if we can apply PR in Australia with status as "separated " while divorce case is in progress in India?

since getting divorce finalize in india can take much time and with this condition can we apply PR mentioning the status as "separated and divorce in progress with the details of petition from India".

or i have to mention dependent till the time i dont get divorce order. If i do so then i have to do the medicle test for non-migrant which seems to be impossible in this situation.

will migration officer can consider proof - petition copy from India as valid one and procced for PR.

Please advise, need urgent advise. Thanks,
If you have filed for divorce, you can indicate your marital status as separated and attach a copy of the divorce petition as evidence. You could also include a statement to explain that your relationship has broken down, that you have filed for divorce and that the divorce will follow the normal Indian process/timing.
 
1 - 10 of 10 Posts
Top