# What happens if Primary Applicant never activates the Visa & Secondary applicant does



## deepshi (Feb 10, 2014)

*What happens if Primary Applicant never activates the Visa & Secondary applicant does*

Hi,

Me and my husband got our 189 Visa last year where I was the primary applicant and he is the secondary.

He went before me to take care of things. But after he went things went sour between us and we are on the verge of separation.

Clearly, with the current situation I cannot go there to him just to activate the visa.

What happens if Primary applicant never activates his visa ? Will the secondary applicant visa also get cancelled ?


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## mainak (Feb 14, 2014)

in short - NO

all applicant can independently activate their visa and there is no way that primary can cancel secondary's visa 

i would say that life is more precious than agitation towards soon-to-be ex... don't waste your PR... make a travel and stay in a hotel and just dont let the PR lapse..


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## TheExpatriate (Feb 7, 2014)

No, whoever activates the visa (primary or secondary) keeps it, whoever doesn't, loses it


You do not need to go to "him" ..... Australia is 7.7 Million Square KM, he does not own the whole continent. Just fly there, spend a day in any hotel, and fly back ...... if you lose your PR, you never know if you can get it again


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## Danav_Singh (Sep 1, 2014)

I second previous two comments. if you decided to move on in your life then Oz PR can be the foundation for your next phase of life. Don't loose it. activate it and then you have 4 years to decide what to do next.


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## tinaozzie (Nov 3, 2014)

i think you should inform Diac about your relationship end. If he has not been in australia for 2 years then probably when you tell them about your situation. They may cancel his visa. You also should activate your visa then inform them. I read on immi website about that thing.


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## deepshi (Feb 10, 2014)

Thanks guys for all the replies. Well it seemed he married me only for the Visa and now he doesn't want me to be there. I do have migration options to other countries but I really wish his Visa gets cancelled. He simply used me to get the Visa and while I have invested all the time, money and hardwork into this, he is freely eating the fruits.

I read somewhere that all the applicants need to activate the visa before the last entry date and even my migration agent said so.


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## mainak (Feb 14, 2014)

yes all applicants need to activate visa...
but it cannot revoke pr for one applicant


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## TheExpatriate (Feb 7, 2014)

deepshi said:


> Thanks guys for all the replies. Well it seemed he married me only for the Visa and now he doesn't want me to be there. I do have migration options to other countries but I really wish his Visa gets cancelled. He simply used me to get the Visa and while I have invested all the time, money and hardwork into this, he is freely eating the fruits.
> 
> I read somewhere that all the applicants need to activate the visa before the last entry date and even my migration agent said so.


what your agent said doesn't mean if one person doesn't activate it the others lose it. He'll keep his visa. In short, nothing you can do will make him lose his. If your agent said that, tell him to find another career. 


Now on the personal side if I may, Stop being bitter and revengeful and save your energy, nerves, time and money and look forward. Fly there to keep your visa, keeping Australia (and NZ subsequently) as an additional option won't hurt after all you have invested.


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## TheExpatriate (Feb 7, 2014)

tinaozzie said:


> i think you should inform Diac about your relationship end. If he has not been in australia for 2 years then probably when you tell them about your situation. They may cancel his visa. You also should activate your visa then inform them. I read on immi website about that thing.


this applies to spouse visas, not to secondary applicants on skilled visas. His visa will not be cancelled.


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## tinaozzie (Nov 3, 2014)

his visa is canceled or not. Diac will tell her. But give it a try and tell them after getting a visa he doesnt want her, and it seems there wasnt a genuine relationship. They may do something about it. She can go to Australia Embassy in her city to inform about situation.


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## TheExpatriate (Feb 7, 2014)

tinaozzie said:


> his visa is canceled or not. Diac will tell her. But give it a try and tell them after getting a visa he doesnt want her, and it seems there wasnt a genuine relationship. They may do something about it. She can go to Australia Embassy in her city to inform about situation.


they will NOT cancel it. People get divorced all the time, and getting married to someone before they got a visa is completely different than getting married to someone who's already a PR/citizen.


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## tinaozzie (Nov 3, 2014)

well they will tell her what she needs to do. After all, his pr is dependant visa its not a primary it could be a different story.


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## TheExpatriate (Feb 7, 2014)

tinaozzie said:


> well they will tell her what she needs to do. After all, his pr is dependant visa its not a primary it could be a different story.


again, there is no such thing as a dependent PR for subclasses 189 and 190. Each person on the application have their own visas.


This is Australia not Saudi Arabia. Try to understand that.


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## tinaozzie (Nov 3, 2014)

you are not expert and I am not agruing with you any way. It is up to her not you to decide or decide the consequences of situation. Diac will do what they can do to help her. She can consult with a lawyer before taking a serious action against him. Nothing you can help to apart of giving a try.


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## gkvithia (Dec 9, 2013)

lol..they wont cancel his, 189/190 PR is granted based on individual not primary/dependent although you were the primary applicant.

But dont worry KARMA will come around...meanwhile you enjoy life and dont let this POS consume your energy..goodluck


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## TheExpatriate (Feb 7, 2014)

tinaozzie said:


> you are not expert and I am not agruing with you any way. It is up to her not you to decide or decide the consequences of situation. Diac will do what they can do to help her. She can consult with a lawyer before taking a serious action against him. Nothing you can help to apart of giving a try.


I did not claim to be an expert .... She can do whatever she wants, all I am saying is that going the distance for the sole purpose of cancelling his visa is highly unlikely to achieve anything.

DIBP will help her with what? DIBP is not a divorce law firm and is not a place for people to settle their personal life issues. 

She can consult a lawyer (and should consult one) to get her rights as the ex-wife of that man, but again, I do not believe she can cancel his visa, and personally, wasting time and money just to make his life harder won't give her back anything. She should pursue him to get financial rights and compensation for the divorce. 



gkvithia said:


> lol..they wont cancel his, 189/190 PR is granted based on individual not primary/dependent although you were the primary applicant.
> 
> But dont worry KARMA will come around...meanwhile you enjoy life and dont let this POS consume your energy..goodluck



This is what I have been saying all along.


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## tinaozzie (Nov 3, 2014)

Now its up her to do what she wants. Also i believe if she was not claming 5 points to get pr then probably she can do something before it is too late. First of all, she needs to divorce asap then inform Diac. It is also a part of condition she has to inform them about Circumstance has changed. She can move to other city to get rid of that guy and move on.


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## TheExpatriate (Feb 7, 2014)

tinaozzie said:


> Now its up her to do what she wants. Also i believe if she was not claming 5 points to get pr then probably she can do something before it is too late. First of all, she needs to divorce asap then inform Diac. It is also a part of condition she has to inform them about Circumstance has changed. She can move to other city to get rid of that guy and move on.


Change of circumstances is required to be reported to DIBP while visa application is in progress, not after the visa has been granted.


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## hasanab243 (Feb 27, 2014)

tinaozzie said:


> Now its up her to do what she wants. Also i believe if she was not claming 5 points to get pr then probably she can do something before it is too late. First of all, she needs to divorce asap then inform Diac. It is also a part of condition she has to inform them about Circumstance has changed. She can move to other city to get rid of that guy and move on.


Hi 

I don't think so there is any benefit to tell DIAC about circumstances. this condition applies during your visa process once the decision has been made there is no need to inform about anything.

Thanks


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## tinaozzie (Nov 3, 2014)

well i just read about that thing few days ago on immi website. What happens if one of them will get married with other people. Simply if you are no longer in relationship with that person. If she is not doing it then later whatever she or he earns after marriage they have to split 50%. When you inform then things will sort it out easier later if she moves on with her life.


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## _shel (Mar 2, 2014)

tinaozzie said:


> well they will tell her what she needs to do. After all, his pr is dependant visa its not a primary it could be a different story.





tinaozzie said:


> you are not expert and I am not agruing with you any way. It is up to her not you to decide or decide the consequences of situation. Diac will do what they can do to help her. She can consult with a lawyer before taking a serious action against him. Nothing you can help to apart of giving a try.


 You my dear are quite clearly no expert yourself. 

There is no dependent visa for PR. Once granted and validated all applicants have independent PR. Bar proven visa fraud they all keep their visa if the couple divorce or if kids grown up and leave home. 

She can not cancel his visa but nor can he cancel hers. If she feels his intentions were fraudulent and has evidence other than gut feeling she should provide it to DIBP who will assess it.

If its just her own anger at rejection and wanting personal vengeance with no evidence of fraud should get on with her life and accept he may well be living in Australia. Which is big enough so they can avoid each other.


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## tinaozzie (Nov 3, 2014)

He is a dependant applicant. It shows clearly on Grant Letter. There is no reason for her not to report about a situation as she is the main one.


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## TheExpatriate (Feb 7, 2014)

tinaozzie said:


> well i just read about that thing few days ago on immi website. What happens if one of them will get married with other people. Simply if you are no longer in relationship with that person. If she is not doing it then later whatever she or he earns after marriage they have to split 50%. When you inform then things will sort it out easier later if she moves on with her life.


getting 50% of his estate has nothing to do with DIBP or visa status, she can get it through a divorce lawyer.

If any of them gets married later on, as long as there is a legally recongised divorce, nothing to worry about ....... 


Informing them will make it neither easier nor harder to move on


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## TheExpatriate (Feb 7, 2014)

tinaozzie said:


> He is a dependant applicant. It shows clearly on Grant Letter. There is no reason for her not to report about a situation as she is the main one.


Australia is not a backward third world country. Once PR is activated each person has their own PR, it's not a dependent PR. He was a dependent applicant (secondary applicant to be precise) however now that the visa has been granted he's out the door.


This is not an ME country where the spouse is dependent on the main applicant visa and will get their visa automatically invalidated if the main applicant's visa is cancelled.


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## ahsan_abbas (Jan 8, 2015)

Well quite a lively discussion on this topic.

Just to better understand the whole scenario:

Is it possible to marry someone just because one knows that he/she is eligible for Aus PR and once this PR is obtained; then dumped his/her spouse? Prima facie it looks like a case of fraud and many would agree that it is. But on the other hand it is quite difficult to prove it? Isn't it?

How can one prove such a case? Married recently and then getting divorced just after the grant?

Feel free to share your opinions. I have taken the liberty to share mine.


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## TheExpatriate (Feb 7, 2014)

ahsan_abbas said:


> Well quite a lively discussion on this topic.
> 
> Just to better understand the whole scenario:
> 
> ...


exactly my point, no one had any guarantees to anything. It's almost impossible to prove he had premeditated intentions to get the PR then skip the marriage. From a neutral person's perspective this will be absolutely a subjective view.

In contrast, marrying someone who's already a PR/Citizen then dumping them after getting the spouse visa is evidently fraud.


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## tinaozzie (Nov 3, 2014)

not to be show off but at least i stay in aus for 7 years nw. Definitely main applicant is granted due to skills and qualifications and experience. What is dependent applicant contribute to Aus? due to the fact that he is a dependent. Simply dependent have to be with main applicant to keep their status legally and valid.


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## gkvithia (Dec 9, 2013)

FYI the grant letter is addressed individually even to a child. with its own grant number. slapping myself for replying


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## ahsan_abbas (Jan 8, 2015)

tinaozzie said:


> not to be show off but at least i stay in aus for 7 years nw. Definitely main applicant is granted due to skills and qualifications and experience. What is dependent applicant contribute to Aus? due to the fact that he is a dependent. Simply dependent have to be with main applicant to keep their status legally and valid.


Well I got your point Tina and logically no one can deny the importance of primary applicant. But the system has its rules and the rules are not designed for very specific conditions.

Let's assume in this case her husband married her solely for the purpose of getting Aus PR. Once he has activated it; he got his mission accomplished and he is now dumping her. It is a very sad case and there is no doubt about it that many will consider it a fraud.

But how can one prove that his intention to marry her was solely for this reason? How is this case not the other way round where she is claiming such out of vengeance? It is quite subjective and thus this irony :juggle:


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## TheExpatriate (Feb 7, 2014)

tinaozzie said:


> not to be show off but at least i stay in aus for 7 years nw. Definitely main applicant is granted due to skills and qualifications and experience. What is dependent applicant contribute to Aus? due to the fact that he is a dependent. Simply dependent have to be with main applicant to keep their status legally and valid.


and not to be a show off but I have been eating Pizza for 30+ years, does that make me a Pizza chef? No.

Yes secondary applicants are granted based on primary applicant merits, however, this doesn't mean for them to remain at the primary applicant's mercy for good. 

Once more, Australia is not a third world country.




gkvithia said:


> FYI the grant letter is addressed individually even to a child. with its own grant number. slapping myself for replying


LOL



ahsan_abbas said:


> Well I got your point Tina and logically no one can deny the importance of primary applicant. But the system has its rules and the rules are not designed for very specific conditions.
> 
> Let's assume in this case her husband married her solely for the purpose of getting Aus PR. Once he has activated it; he got his mission accomplished and he is now dumping her. It is a very sad case and there is no doubt about it that many will consider it a fraud.
> 
> But how can one prove that his intention to marry her was solely for this reason? How is this case not the other way round where she is claiming such out of vengeance? It is quite subjective and thus this irony :juggle:



Exactly


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## tinaozzie (Nov 3, 2014)

i got your point too. i know there is a rule, they may probably start some invesgitation based on her evidence such as how long have they known each other? how long they actually together and how long it takes a relationship to a marriage point. They could call them for an interview. If their relationship is more than 12 months i think he could escape easily from this mess with her.


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## mainak (Feb 14, 2014)

While the OP has moved on with life (understanding the boundaries) why are you guys arguing?? let it be...


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## TheExpatriate (Feb 7, 2014)

tinaozzie said:


> i got your point too. i know there is a rule, they may probably start some invesgitation based on her evidence such as how long have they known each other? how long they actually together and how long it takes a relationship to a marriage point. They could call them for an interview. If their relationship is more than 12 months i think he could escape easily from this mess with her.


he married her when she wasn't a PR, this is the key point in here


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## TheExpatriate (Feb 7, 2014)

mainak said:


> while the op has moved on with life (understanding the boundaries) why are you guys arguing?? Let it be...


lol .....


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## tinaozzie (Nov 3, 2014)

my point is She should report to Diac and what happens simply up to Diac's decision. Not her and not him. Very fair. By the way people dont need to get married to file pr together they can do under Defacto or Spouse.


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## TheExpatriate (Feb 7, 2014)

tinaozzie said:


> my point is She should report to Diac and what happens simply up to Diac's decision. Not her and not him. Very fair. By the way people dont need to get married to file pr together they can do under Defacto or Spouse.


this is a double edged sword, he could counterclaim that she took money from him to marry him to accompany her on a PR ...... and then she loses her visa as well ...... TADAAAAAAA !


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## tinaozzie (Nov 3, 2014)

haha then he should prove he did it lol after all Diac will be the side of its own resident. And Deepsi needs some help i can ask my friend. He is a qualified lawyer to provide legal advice on your case then everything 
will be sorted out. By the way whether he is on student visa or pr the same consequence will be applied on him which i believe his visa will be canceled immediately and állow him to leave in 28 days since. Deepsi i strongly encourage you to report first. At least you can feel better after that just move on to your life.


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## TheExpatriate (Feb 7, 2014)

tinaozzie said:


> haha then he should prove he did it lol after all Diac will be the side of its own resident. And Deepsi needs some help i can ask my friend. He is a qualified lawyer to provide legal advice on your case then everything
> will be sorted out. By the way whether he is on student visa or pr the same consequence will be applied on him which i believe his visa will be canceled immediately and állow him to leave in 28 days since. Deepsi i strongly encourage you to report first. At least you can feel better after that just move on to your life.


All due respect, your words do not make any sense from a legal perspective. 

Go ahead, get a lawyer for the OP, waste money and time on vengeance. This is the right way to start a new life.


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## tinaozzie (Nov 3, 2014)

calm down mate why you try to convince your knowledge better or more understanding. There is no point you prove it to me. I am just a random listener and be on her side and her best. Its up to her what she will do which is believed good for her. She is here seeking help not to listen you arguing and showing your knowledge.


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## blackrider89 (Jul 14, 2014)

tinaozzie said:


> my point is She should report to Diac and what happens simply up to Diac's decision. Not her and not him. Very fair. By the way people dont need to get married to file pr together they can do under Defacto or Spouse.


My country(wo)man, it is a double edged sword that may adversely affect HER. Perhaps ONLY HER.

The only circumstance that they can revoke his PR is that they lied when they were applying for PR. What does that mean? That means the OP has to prove to DIBP (formerly known as DIAC, now no such department) that they actually has never married nor consummated their relationship or in other words, their marriage is totally fake in the first place. It was her bad choice mating with a guy like him. She shouldn't make it even worse. 

What will the outcome be? They would both lose their visas and can say good bye to Australia FOR GOOD. And say if he hires a good lawyer to prove otherwise (which I believe is very possible), he wouldn't lose his visa but the OP would be in deep sh*t (excuse my French). She would not lose her visa though but it would be even worse: she would be charged with defamation. At least several months behind the bar if she's already Down Under, take my words (not a civil case anymore). 

Being a prospective migration agent and lawyer, I am under the impression that DIBP itself is not very efficient. They, however, will need to look at the case if someone reports. Either way the OP will be badly affected. Is it worth it? In my personal opinion, not at all. Australia is a country of law and order (at least it appears to be) so one cannot simply assume that a decision/visa can be revoked/rescinded just because of an accusation.

In brief, it would be worse than an Pyrrhic victory. I am not blaming the OP but we all have a choice. C'est la vie, ma amie. Let it go. What goes around, comes around. And bear in mind: never to wrestle with a pig. You get dirty and besides, the pig likes it. 

P/S: Or else OP can prove that the folk was not of good character at the time of APPLICATION. That some case files/lawsuits against him had been overlooked. Though at any rate, she would have more to lose than the a**hole.


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## TheExpatriate (Feb 7, 2014)

tinaozzie said:


> calm down mate why you try to convince your knowledge better or more understanding. There is no point you prove it to me. I am just a random listener and be on her side and her best. Its up to her what she will do which is believed good for her. She is here seeking help not to listen you arguing and showing your knowledge.



I am on no one's side, neither hers nor his, I don't know him and I don't know her, but what you are saying is wrong and will do her no good. 




blackrider89 said:


> My country(wo)man, it is a double edged sword that may adversely affect HER. Perhaps ONLY HER.
> 
> The only circumstance that they can revoke his PR is that they lied when they were applying for PR. What does that mean? That means the OP has to prove to DIBP (formerly known as DIAC, now no such department) that they actually has never married nor consummated their relationship or in other words, their marriage is totally fake in the first place. It was her bad choice mating with a guy like him. She shouldn't make it even worse.
> 
> ...



Agree, additionally, if she proves he was not of good character at the time of application, she risks getting a cancellation and a PIC 4020 ban herself as well


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