How Much Time Will It Take to Get a PR After Marriage in Australia, and What Happens if You Divorce?

Completing the journey from a genuine relationship to permanent residency (PR) in Australia can be a complex process, especially for international couples. Understanding the timeline and potential outcomes in case of a divorce is crucial for couples considering immigration.

Eligibility for a Partner Visa

For couples looking to apply for a partner visa in Australia, the initial step involves being in a genuine relationship for at least 12 months, assuming the intention of the marriage is genuine. This legalize the process and aligns the application with the genuine relationship criteria, which is a fundamental requirement.

The Application Process

The application process typically starts with the first-stage visa. For the first-stage visa application, the process can take several months, depending on the efficiency of the submission and the backlog at the Home Affairs department. This visa allows the partner to stay and live in Australia temporarily.

Following the receipt of the first-stage visa, the couple must maintain a genuine relationship for an additional two years. During this period, the partner who received the first-stage visa may then apply for a permanent residence visa. This application can take a few months from the time of submission until the grant of the visa.

Duration of Stay and Conditions

The exact times for each stage of the process can vary, and changes in policies can impact these timelines. However, the process described above is the general trajectory for obtaining a permanent residency visa through a marriage.

It's important to note that permanent residency in Australia generally means that the individual is allowed to stay for as long as they wish, provided they continue to meet the residency requirements.

Impact of Divorce

Should the marriage end in divorce, the individual in Australia may still be eligible for permanent residency under certain circumstances. These circumstances are outlined by the Australian government and include:

Death of the Partner: If the marriage ends due to the death of one partner, and it can be proven that the relationship would have continued had the partner not passed away. Responsibility for a Child: If the marriage ends, and both partners have responsibilities for a child under 18, the individual may still be granted permanent residency. Domestic Violence: If the marriage ends due to domestic violence from the other partner, the individual may also be eligible for permanent residency.

In cases where the marriage ends for reasons other than those mentioned, the individual may not be eligible for permanent residency and might be required to leave Australia.

Importance of Maintaining a Genuine Relationship

The genuineness of the relationship is a crucial factor for both initial visa applications and subsequent permanent residency applications. The immigration department has mechanisms to detect fraudulent marriages, and any attempts to mislead the process can result in tough penalties, including deportation.

Conclusion

Understanding the process of obtaining a partner visa and the potential outcomes of a divorce is essential for couples considering immigration to Australia. By following the guidelines and maintaining a genuine relationship, individuals can successfully navigate the process and realize their dream of living and working in Australia.

Keywords: Australian partner visa, PR eligibility, divorce impact