# Non-migrating dependent family members separated spouse



## coolcarrot (Nov 28, 2012)

My cousin is separated from her husband since three years. They live separately and have no intention of getting back together and he is not planning on migrating to Australia. Now she has got 189 invite and applying for visa. She already gave her marital status as "separated" during EOI. Now,

What does she need to select for the Non-migrating dependent family members?
If she selects' yes, then will she need his medicals and pcc for Visa?

This question is the last step for her to complete her application. Seniors 
and anyone having information kindly spare sometime. 

Thanks.


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## espresso (Nov 2, 2012)

Hi coolcarrot, 

if they are not living together anymore and she does not support him financially, he's not a dependent family member. If she selects yes, he will have to submit medicals and PPC as well because he could join her later. 

By the way: After a 3-year separation I would get a divorce. If she meets a new partner and wants to sponsor him via a partner visa, an existing marriage may come to bite her...

All the best, 
Monika


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## coolcarrot (Nov 28, 2012)

Thank you for a quick reply.


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## samratisking (Aug 2, 2011)

espresso said:


> Hi coolcarrot,
> 
> if they are not living together anymore and she does not support him financially, he's not a dependent family member. If she selects yes, he will have to submit medicals and PPC as well because he could join her later.
> 
> ...


Hi Monika,

Thank you for the reply. But, I have seen in the Health requirements that even though the Spouse of the applicant is a Non-migrant and he/she is not included in the dependent visa category, the Health tests are required. 

Please clarify. I am in the same boat. Thank in advance.


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## Guest (Jul 1, 2013)

Hence why you need to get divorced if you are separated long term because whether you like it or not whilst you are still married you are each others dependants in the eyes of DIAC and Australian Law who think you may be trying to get around the system by applying alone then sponsoring them later.


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## samratisking (Aug 2, 2011)

_shel said:


> Hence why you need to get divorced if you are separated long term because whether you like it or not whilst you are still married you are each others dependants in the eyes of DIAC and Australian Law who think you may be trying to get around the system by applying alone then sponsoring them later.


Hi Monika,
Thank you for the reply. In my case, my relationship status is 'Married' when I applied for EOI. Currently, we are contemplating our marriage. So, it is 'Separated'. What do you suggest I do with my 189 application, as I got an invitation. Please help. Thanks in advance.


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## Guest (Jul 1, 2013)

As it is a new & not a legal speration you need to apply as married as that's what you put in the EOI. Had you been in the middle of a divorce that would be different but you are not.


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## espresso (Nov 2, 2012)

Hi samratisking, 

a de facto relationship ends when you tell your partner. A registered relationship ends if one of the partners dies, marries or applies to the Registrar to end the relationship. See also: Divorce and separation | Your rights, crime and the law | Queensland Government

But to get a divorce in Australia must _have been separated from your spouse for at least 12 months_ first. Since "separated" is an intermediate state and there is a chance of reconciliation your partner may still be counted as dependent. In my opinion the health tests are a minor hassle but they really should get that divorce if there is no hope/wish to reconcile.

As __shel_ pointed out your partner _may_ need to go through the health examinations even if dropped from the application:


> The above health examinations will also need to be completed by any non-migrating dependents, that is any *members of your family unit* who do not intend to migrate and are not included in your visa application, in case they decide to migrate in the future.


Good luck to all of you, 
Monika


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## samratisking (Aug 2, 2011)

_shel said:


> As it is a new & not a legal speration you need to apply as married as that's what you put in the EOI. Had you been in the middle of a divorce that would be different but you are not.


Thank you replying. So, If I apply as 'Married' and drop my partner from the Non-migrant dependents section(She is not financially dependent on me, as she is working in US.), will I still be asked to submit her Health tests? 

I don't think my partner will get her health tests, just to make my life more difficult. What should be my course of action then? 

Can I fill up the 1022 form (Nominated change of circumstances) and tell the DIAC that my Relationship status changed? Thanks in advance.


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## Guest (Jul 1, 2013)

There are ways round the health tests by asking her to write a letter refusing or submiting a declaration stating you tried and failed as you are seperated. DIAC will assess if they will accept that or make you try further. But if the visa takes a while and you are nearer divorce or getting back together you can inform your CO and update the application.


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## samratisking (Aug 2, 2011)

_shel said:


> There are ways round the health tests by asking her to write a letter refusing or submiting a declaration stating you tried and failed as you are seperated. DIAC will assess if they will accept that or make you try further. But if the visa takes a while and you are nearer divorce or getting back together you can inform your CO and update the application.


Hi _shel,

Thank you for the reply. So, based on my current situation keeping in mind about my personal position, the only choice I have is to put the status as 'Married' and select the option 'No' for any non-migrant dependents. 

If the CO questions about it, then should I submit a Self-declaration(stating that we are staying separately) or can I submit the self-declaration before-hand itself?

Also, do I need to fill up the 1022 form? 


Your help is appreciated. Thanks in anticipation.


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## Guest (Jul 1, 2013)

I would lodge as married & put no for migrating dependents. Write a satutory declaration now outling your seperation and up load it with everything else so your case officer has it straight away when allocated.

They can then start deciding if you should be submitting medicals for them and will already be fully aware of the situation when you come back saying you can not get them.


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## samratisking (Aug 2, 2011)

_shel said:


> I would lodge as married & put no for migrating dependents. Write a satutory declaration now outling your seperation and up load it with everything else so your case officer has it straight away when allocated.
> 
> They can then start deciding if you should be submitting medicals for them and will already be fully aware of the situation when you come back saying you can not get them.



Sure _shel. Thank you for replying. One more quick question. What should be the format of the statutory declaration in this case. Just an outline would be of great help. Thank you.


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## Guest (Jul 1, 2013)

Just a standard letter is fine as you are not an Australian citizen. Address it to DIAC, sign and date it with a statement that it is true and get a notary or solicitor to witness it. 

But the formal statutory declaration form can be found here Statutory declarations | Attorney-General's Department if you want to use it but it is only really relevant if you are an Australian citizen because it is then legally bound.


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## ice_castles (Mar 13, 2014)

Hi guys!

I have been separated from my ex-husband for over 4 years but no divorce or legal separation has been filed as yet. I have declared in my EOI that I'm separated and also when I lodged my 189 visa application. Now my CO is asking for divorce papers and I told him I have not filed for it yet. Instead I got a statutory declaration of separation stating that me and husband has no intention of reuniting in the future, he has no intention to migrate in Australia and that we will file the necessary action for dissolution of our marriage... Do you think they will accept stat dec?
The reason I have not filed for legal separation or annulment is because its too expensive and all my savings is concentrated on my migration. 
Please I hope someone can help with this...


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## mainak (Feb 14, 2014)

Me too in the same boat with you ice_castles... I am yet to receive invitation but I am not sure how to handle this case


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## _shel (Mar 2, 2014)

If you have not divorced she is legally your wife and dependent.


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## mainak (Feb 14, 2014)

Any idea if a statutory declaration or some other legal document showing we are under judicial separation (not divorce paper) can help?


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## _shel (Mar 2, 2014)

You can write a satutory declaration but the CO does not have to accept it.


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## ice_castles (Mar 13, 2014)

Hi mainak,

I think if you have not filed for divorce better declare you're married and your partner as non-migrating dependent. But your partner still has to do Med and PCC.


____________
IELTS : 12/12 | ANMAC +ve : 18/12/13 | EOI : 21/12/13 | Invite : 12/01/14 | Lodged (189) : 29/01/14 | PCC : 12/02/14 | Med : 01/10/13 | CO : 11/03/14 | Singapore COC : awaiting


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## mainak (Feb 14, 2014)

Hi ice_castles

I have submitted EOI with status as 'Separated'. It is close to 3 years for us and legal process has already been started. I doubt whether that will finish before PR process (considering recent surge in invites). In throughout my application I never mentioned about any other dependent.

I am thinking how my CO will see it? Can he force me to getting a PCC even though there are no dependent mentioned in application?

Btw, does this PCC/Med requirement include non migrating parents (not included anywhere in application)?

Regards
Mainak


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## soulfood (Apr 3, 2014)

Hi coolcarrot,
I am in a similar situation as you. Currently my wife and I are seperated. I mentioned my status as married in my EOI, since we are still legally married. I received an invitation and also made an applicatiion. I have uploaded all of my supporting documents. Only my wife's form 1221 and Police Clearance Certificate are missing. Since i can see you posted on 13-Jun, I wonder if you have already got a decision on your PR. Did you get your approval? How did you go about your case? Can you please post an update as to what happened with your case. It would be greatly helpful to me.
Thanks


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## jabberaussie (Apr 9, 2014)

My friend has a particular case here. He chose 'separated' and give spouse details as 'non-migrating dependant', and even provided a written affidavit about separation.. In future, can he apply dependant for the same spouse, if they patch up?

It sounds like a stupid question, but I'm sure this is a possible case for a few.


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## soulfood (Apr 3, 2014)

Hi jabberaussie,

Did your friend already get the visa approval? I am in a similar situation. I applied as married and my wife and I are currently separated. I don't think it will be possible for me to provide my wife's PCC and medicals. So I was wondering, did your friend get the visa approval with just a written affidavit explaining the situation? Did his spouse go through the PCC and medicals?


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## soulfood (Apr 3, 2014)

jabberaussie said:


> My friend has a particular case here. He chose 'separated' and give spouse details as 'non-migrating dependant', and even provided a written affidavit about separation.. In future, can he apply dependant for the same spouse, if they patch up?
> 
> It sounds like a stupid question, but I'm sure this is a possible case for a few.


As far as the situation you mentioned is concerned, a friend once told me the reason they insist on PCC and medicals even for a non-migrating dependants is exactly the situation you have mentioned. That is, if later on you decide to apply for your dependents to join you in Australia, they are already pre-checked. So I suppose, the answer to your question really depends on what he mentioned in his affidavit and if his spouse went through PCC and medicals.


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## jabberaussie (Apr 9, 2014)

soulfood said:


> the answer to your question really depends on what he mentioned in his affidavit and if his spouse went through PCC and medicals.


So, if he writes in affidavit, that spouse is not planning to migrate at all, he cant migrate the same person as a dependant later? I mean, not even with a new affidavit mentioning change in status?

I know a person who is separated, leading to a divorce in sometime, but gave his marital status as single (expecting his divorce to be settled in few months)


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## soulfood (Apr 3, 2014)

jabberaussie said:


> So, if he writes in affidavit, that spouse is not planning to migrate at all, he cant migrate the same person as a dependant later? I mean, not even with a new affidavit mentioning change in status?
> 
> I know a person who is separated, leading to a divorce in sometime, but gave his marital status as single (expecting his divorce to be settled in few months)


Has your friend already got the visa approval? Did his seperated spouse go through PCC and medicals?


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## _shel (Mar 2, 2014)

jabberaussie said:


> So, if he writes in affidavit, that spouse is not planning to migrate at all, he cant migrate the same person as a dependant later? I mean, not even with a new affidavit mentioning change in status?
> 
> I know a person who is separated, leading to a divorce in sometime, but gave his marital status as single (expecting his divorce to be settled in few months)


 No he will probably be accused of visa fraud and his own visa will be under review and at risk.


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## jabberaussie (Apr 9, 2014)

soulfood said:


> Has your friend already got the visa approval? Did his seperated spouse go through PCC and medicals?


Am talking abt two people here. My friend who chose separated, waiting for invitation. Another guy (from his office I guess), chose 'single' since his divorce process has started. He is waiting for the invitation too.


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## soulfood (Apr 3, 2014)

Hey folks,
Is there anyone out there who applied with a seperated spouse and has got a result on his/her application? Could anyone who has been through the whole process post an update. On most of the threads on this forum, I find that people post a query, they then recieve a lot of advice/recommendations, but unfortunately they dont post a final update to let everyone know what exactly happened to their case and how they went about it


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## kiran00 (Apr 15, 2014)

coolcarrot said:


> My cousin is separated from her husband since three years. They live separately and have no intention of getting back together and he is not planning on migrating to Australia. Now she has got 189 invite and applying for visa. She already gave her marital status as "separated" during EOI. Now,
> 
> What does she need to select for the Non-migrating dependent family members?
> If she selects' yes, then will she need his medicals and pcc for Visa?
> ...


 

Hi ,
I also encounter the same problem as yours. I submitted separated status while lodging pr. Now the case officer has asked me to provide legal separation documents or the divorce certificate. But i dont have either of these.


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## mainak (Feb 14, 2014)

kiran00 said:


> hi mainak,
> 
> I am also in the same situation. my case officer has asked me to submit the official legal separation documents. i would like to know whether u submitted any official documents? i have not started the divorce yet, so will they accept a statutory declaration?


Check my signature man! I have not received invitation yet...


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## kiran00 (Apr 15, 2014)

mainak said:


> Check my signature man! I have not received invitation yet...


sorry, didnt notice initially. so do you know anyone who received a pr grant with separated status?


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## mainak (Feb 14, 2014)

me too searching the same..


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## _shel (Mar 2, 2014)

Tons of people get their visas when seperated but they had to complete PCC and medical for spouse to stop visa fraud.


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## Spark23 (Jun 12, 2014)

Thanks shel for your good advice. I have a very n00b question ,

What is PCC exactly? Police cert only or other things? 

If the non depending members have to get police cert and med , then its actually no that bad , I think


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## TheExpatriate (Feb 7, 2014)

Spark23 said:


> Thanks shel for your good advice. I have a very n00b question ,
> 
> What is PCC exactly? Police cert only or other things?
> 
> If the non depending members have to get police cert and med , then its actually no that bad , I think


PCC = Police Clearance Certificate


and sometimes the non migrating dependants are not very "cooperative" due to the nature of relationship at that time


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## mainak (Feb 14, 2014)

Hello Thread Subscribers

I have recently received my grant. I am a candidate with the same cause that the OP had hence I decided long back to share my experience when it gets through for mine. I had seen people here praying that old guys come back and tell what 'actually' they did after all the discussions hence this is my paying it forward.

One of the major dilemma that people faced here is that what exactly to put on marital status? Few preferred putting it married and then quoting ex-wife as non migrating dependant. While I saw separated and divorced both there - I always felt it should be separated. Majorly all of us here had the problem that we are not yet divorced and living separately but we do not have any document showing the same.

I took a bet and applied as status separated. Then what I did is simple to say but hard to do. Bite the bullet. I initiated talk with my wife and started the process of legal separation / divorce. I knew I have applied as separated and not divorced hence CO wont ask me for divorce decree but something to show legally separated. I worked in that line and used the petition document we filed in court for divorce as legal separation document.

That worked perfect. CO promptly accepted that document (document applying divorce but not the divorce decree) and set relation status document to received. And finally I got the grant.

I would recommend this line of working to my fellow expats.

Good luck. Let Oz give us the life we await.


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## Veejay_Aus (Aug 2, 2014)

*Similar situation, slightly different scenario*

Hello All,

I am also facing a similar situation. But my case is somewhat different. I scored 85 points on the
points calculator and applied for a PR under subclass 189 for my whole family (my wife, son and myself). I filed a 
EOI and got the invite to lodge a visa from the Australian government. I gave my IELTS in August 2013.

The invite expired on December 7th 2013. The reason is, my marital status changed and my wife filed for a divorce.
We were separated when I got the invite from the Australian government. The case is going on in court.

Since my wife did not give me her and our son's passport details, I could not fill up the visa application fully and 
had to let it expire. I have the court petition with me. How can I convince the officer to grant me a PR? My wife
and son will not be accompanying me.

Do I have to file a new application from scratch? Or should I just file a new EOI and enter my marital status as separated?
Or talk to the immigration department and file a change of status and wait for the invite again? 

Please help me with your valuable suggestion.

Thanks,
Veejay S

Points: 85| EOI filed: Sept 2013|Invited by Australia: Oct 2013|Invite expired due to marital status change: Dec 2013|Now: Waiting.......


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## samratisking (Aug 2, 2011)

Hi Veejay,

Sorry to hear that. It's a best bet to call up the Immigration department once and find out with them. They will genuinely help you with this. I got some questions earlier and I did the same.

Regards,
Sam.


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## Veejay_Aus (Aug 2, 2014)

samratisking said:


> Hi Veejay,
> 
> Sorry to hear that. It's a best bet to call up the Immigration department once and find out with them. They will genuinely help you with this. I got some questions earlier and I did the same.
> 
> ...


Hi Sam,

I actually tried calling them on their Adelaide immigration number for skilled worker visas: +61 1300364613, but nobody picked up the phone and I was always put on hold by the Automated response system. 

I did this for 1-2 weeks and then gave up. May I know what number you called to talk to the immigration officer?

Regards,
Veejay


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## _shel (Mar 2, 2014)

DIBP are not immigration advisors. They are civil servants who process visas. Their knowledge of specific law is limited to a crib sheet they use to assess applications. 

If you want immigration advice pay a registered migration agent.


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## Veejay_Aus (Aug 2, 2014)

_shel said:


> DIBP are not immigration advisors. They are civil servants who process visas. Their knowledge of specific law is limited to a crib sheet they use to assess applications.
> 
> If you want immigration advice pay a registered migration agent.


Hi,

So, how do I contact the case officer handling my case? I am applying through a registered MARA agent, but the agent says that a fresh EOI application needs to be made. That is why I came to this forum. 

My understanding is, a statutory declaration mentioning change of marital status can be filed and the same EOI can be processed. But I do not know how far this is true. It would be nice if the members on this forum can give their experience.

Thanks,
Veejay S


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## _shel (Mar 2, 2014)

So you applied for eoi with one wife and now you want to apply for the visa with a different wife?


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## Veejay_Aus (Aug 2, 2014)

I am not sure where you got this interpretation from. If you go through my previous posts, I have mentioned that my wife and I are living separately, with our child in her custody. I am single now and intend to submit an EOI claiming my marital status as "Separated".

My question is whether I have to submit a new EOI or use the previously submitted EOI to change my marital status by talking to the case officer? Using a previously submitted EOI is easier and saves me time and money.

Hope that clears any doubts you may have about my application. 

Thanks,
Veejay S


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## _shel (Mar 2, 2014)

I'm not here to read all of your previous posts. Im a member and volunteer miderator not your igration agent. 
If you want advice you give full information over and over until you get it. Which you now wont be getting from me


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## Veejay_Aus (Aug 2, 2014)

I apologize for any misunderstanding I may have caused. I just wanted to know where the 'other wife' angle was coming from.  Anyway, I believe the confusion has been cleared now.

I understand that everybody here is a volunteer and are replying on their own free time. 

To repeat my status: I am currently single (separated from my wife and son), applied for an Australian PR for my family, got the invite, invite expired due to marital status change (separation) and am now trying again to get a PR. 

Please let me know how I can contact the officer handling my case (to change the marital status in my previous EOI) or if you have been through a similar experience.

Thanks All for your time and advice.
Veejay S


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## cpau (Jun 22, 2015)

Hi Veejay. May I know the status of your case? We have the same situation. Would you mind sharing if you have gotten the approval? Thanks.



Veejay_Aus said:


> I apologize for any misunderstanding I may have caused. I just wanted to know where the 'other wife' angle was coming from.  Anyway, I believe the confusion has been cleared now.
> 
> I understand that everybody here is a volunteer and are replying on their own free time.
> 
> ...


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## cpau (Jun 22, 2015)

*Spouse Medical*

Hi. We have the same situation. Were u able to get your visa? Do u mind sharing the actions you take? As I am having difficulty getting the medical from my ex husband. Thanks.




samratisking said:


> Thank you replying. So, If I apply as 'Married' and drop my partner from the Non-migrant dependents section(She is not financially dependent on me, as she is working in US.), will I still be asked to submit her Health tests?
> 
> I don't think my partner will get her health tests, just to make my life more difficult. What should be my course of action then?
> 
> Can I fill up the 1022 form (Nominated change of circumstances) and tell the DIAC that my Relationship status changed? Thanks in advance.


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## aussileo30 (Jun 16, 2016)

*Caught up in a same situation !!*



mainak said:


> Hello Thread Subscribers
> 
> I have recently received my grant. I am a candidate with the same cause that the OP had hence I decided long back to share my experience when it gets through for mine. I had seen people here praying that old guys come back and tell what 'actually' they did after all the discussions hence this is my paying it forward.
> 
> ...


Hello Mainak,

I have been hunting online regarding my issue and i hope you can guide me through as i am exactly in same situation that you were 2 yrs back. I got my ACS positive and want to apply for EOI visa 189, problem is me n my wife are living separately from last 2 yrs and we haven't filed any legal document for separation or divorce, but my wife has agreed for a mutual separation. 

My first query is, can i file the EOI stating my status as separated and submit the legal document later ? 

Secondly, as you stated will the petition of divorce work in separated status or were you the only exception, because i consulted a lawyer he said it won't work?

I would highly appreciate a reply from your end, for now i am in a confused state  and not able to decide in what direction to proceed.

Thanks in advance.

Regards


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## ajanshar (Nov 12, 2014)

*What is the document requirement for SEPARATED status*

Dear members, 
can you pls explain what kind of document proof will be required in case of 'Separated" status? 
I have applied for 489 EOI with "Separated" status. planning to apply 189 and 190 as well.
My Divorce case is pending in Indian court since 6 yrs...I don't know when it will be sorted out...as partner is not giving consent just to harass me.
If I get an invite, I plan to apply for visa as "separated " status + Partner travel=NO; only I will include my minor son.
Pls note, my partner will not give consent/co-operate for any medical, if required. we are not on talking terms.
Pls suggest document requirement.


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## geepee (Dec 7, 2019)

*Question on Marital Status*



mainak said:


> Hello Thread Subscribers
> 
> I have recently received my grant. I am a candidate with the same cause that the OP had hence I decided long back to share my experience when it gets through for mine. I had seen people here praying that old guys come back and tell what 'actually' they did after all the discussions hence this is my paying it forward.
> 
> ...





Hi,

Thanks for sharing so much information on your PR journey and it was really informative and helpful to me. Thanks again !!! 

I have a question on filling up Marital Status in EOI and hope you could help me? Please find my query below.

Im separated from my wife but yet to file in the courts. Due to the current lock down situation it is getting delayed a bit and might take as long as Early July.

I currently have 85 points and if I change my Marital Status to Separated in my EOI, it is awarding me an additional 10 points per the latest changes from Nov 2019.
This makes me eligible for 190 for Victoria and hope that I can get an invite soon. But , if that happens before my legal process in court, I do not have any documents to prove my marital status. Will this impact my invite or will any documents be asked when applying for state nomination ? When is the document actually required? 

Please let me know with any details that might help me. Thanks in advance !!!


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## NB (Mar 29, 2017)

geepee said:


> Hi,
> 
> Thanks for sharing so much information on your PR journey and it was really informative and helpful to me. Thanks again !!!
> 
> ...


You have to prove your points on the date you get your final invite
So you have to make sure that you have the legal divorce completed court order in hand dated before the final invite 
Else your application will be rejected by DHA for over claiming points and fees forfeited 
Moreover just having points doesn’t guarantee a Vic invite
They are extremely choosy and opaque on the basis they invite

Cheers


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## geepee (Dec 7, 2019)

NB said:


> You have to prove your points on the date you get your final invite
> So you have to make sure that you have the legal divorce completed court order in hand dated before the final invite
> Else your application will be rejected by DHA for over claiming points and fees forfeited
> Moreover just having points doesn’t guarantee a Vic invite
> ...


Hi ,
Thank you for your response. When you mean the final invite, do you mean the invitation to apply the actual Visa from DHA ? Or During the state invite itself? Because in 190,I'm aware that the state will first ask us to apply through their portal and once they approve, they notify DHA and DHA sends an invitation to apply ? So i believe the document to be ready on or before the actual DHA visa application? Please clarify.

Im aware of the invitations delays. Also I have been tracking details closely. Just staying positive and being prepared. Thats all.


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## NB (Mar 29, 2017)

geepee said:


> Hi ,
> Thank you for your response. When you mean the final invite, do you mean the invitation to apply the actual Visa from DHA ? Or During the state invite itself? Because in 190,I'm aware that the state will first ask us to apply through their portal and once they approve, they notify DHA and DHA sends an invitation to apply ? So i believe the document to be ready on or before the actual DHA visa application? Please clarify.
> 
> Im aware of the invitations delays. Also I have been tracking details closely. Just staying positive and being prepared. Thats all.


You will first get the preinvite
Then you will apply to Vic
Then they will issue the final invite
The date of the final invite is the date when you have to prove that you are single 

Cheers


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## geepee (Dec 7, 2019)

Thank you NB. Would like to clarify one more thing.

- I know once we have the pre-invite we have 14 days to submit initial docs to the state. Do we know how long it would take approximately after we submit the docs to state to receive the final invite. Just trying to do an estimate with all the lockdown in place.


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## veshi (Sep 13, 2019)

geepee said:


> Thank you NB. Would like to clarify one more thing.
> 
> - I know once we have the pre-invite we have 14 days to submit initial docs to the state. Do we know how long it would take approximately after we submit the docs to state to receive the final invite. Just trying to do an estimate with all the lockdown in place.


Can take 1 day or more. The max is 12 weeks.


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