# Divorce case



## Tom and Jerry (Apr 30, 2017)

Dear All, I have a query in regards to 189 PR visa for Australia. My wife has filed 498 false dowry harassment case. FIR has been lodged. I have 65 points to get PR. I don't have any issue to get India PCC. Following are the questions I would like to know.

1. Can I apply for PR if my court case is pending. I can provide PCC.
2. How it may impact on my PR application if my case is still pending. I can get permission from the court that I don't have any travel restrictions. 
Please advise. 

Thank you.


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## KeeDa (Sep 1, 2014)

The 498a should be easily and quickly quashed and disposed off if there isn't any merit. I recommend you hire a good lawyer for this.

As for your PR: no, there are no implications merely because of having a 498a petition + FIR against you, at least not until you are convicted. You should immediately proceed with a divorce petition or a RCR followed by divorce (if OP are not willing for a RCR) and state your status as "separated" in your EOI, visa forms, etc... later update it as "Divorced" when you are out of this mess.


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## Tom and Jerry (Apr 30, 2017)

Dear Brother, thank you for the reply. If I lodge PR application with my 498a pending case in court, will my application for PR visa can be approved or my case officer will have any objection for this. I can provide court copy which states that I trey don't have any objection if I travel abroad. Please advise as I am very much worried. Thank you.


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## Tom and Jerry (Apr 30, 2017)

Dear Brother, if I mention as separated in my PR application form do I need to provide any evidence for that. Do I need to declare in my PR application that I have pending 498a case. Please advise. Thank you.


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## dillipreddy (Feb 9, 2017)

Tom and Jerry said:


> Dear Brother, thank you for the reply. If I lodge PR application with my 498a pending case in court, will my application for PR visa can be approved or my case officer will have any objection for this. I can provide court copy which states that I trey don't have any objection if I travel abroad. Please advise as I am very much worried. Thank you.


If FIR is filed and case is in court, it will be mentioned in your PCC , so for PR its a problem. My suggestion would be sort it out, out side the court and get u r FIR quashed and then you`ll have a chance.


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## Tom and Jerry (Apr 30, 2017)

Dear Brother, Thank you for the reply. My wife is not willing to do any kind of settlement outside court. Her intention is to create problem for my PR. She doesn't have enough evidence against me for the allegations she has made. I don't have problem to get Pcc but can I apply for PR if my court case of 498 is pending. Please advise me. I am totally blank. Thank you.


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## KeeDa (Sep 1, 2014)

Tom and Jerry said:


> Dear Brother, thank you for the reply. If I lodge PR application with my 498a pending case in court, will my application for PR visa can be approved or my case officer will have any objection for this. I can provide court copy which states that I trey don't have any objection if I travel abroad. Please advise as I am very much worried. Thank you.


You are not asked about undecided matters as part of your visa application, but because you will be filing as separated or divorced, you will have to provide a document to this effect. Note: only a document to prove separation/ divorce.


Tom and Jerry said:


> Dear Brother, if I mention as separated in my PR application form do I need to provide any evidence for that. Do I need to declare in my PR application that I have pending 498a case. Please advise. Thank you.


Yes, you have to mention about your marital status in your PR; as a matter of fact, long before your PR (in the EOI itself) and are required to submit an evidence of separation/ divorce.
There are no questions asked about undecided cases. Download _80.pdf_ from *Departmental forms* to get an idea about the information you are required to provide. Additionally, see this for information asked in the online visa application forms: *http://www.expatforum.com/expats/au...-australia/879554-189-visa-lodging-query.html*, and finally the official documents checklist: *Skilled Independent (subclass 189) document checklists*


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## KeeDa (Sep 1, 2014)

Tom and Jerry said:


> Dear Brother, Thank you for the reply. My wife is not willing to do any kind of settlement outside court. Her intention is to create problem for my PR. She doesn't have enough evidence against me for the allegations she has made. I don't have problem to get Pcc but can I apply for PR if my court case of 498 is pending. Please advise me. I am totally blank. Thank you.


Yes, you can apply if 498a is pending.

You did not tell us about your points, ANZSCO, and most importantly - any kids?


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## dillipreddy (Feb 9, 2017)

Sorry for the situation u r in Tom, this not just divorce case its 489A , and as of i know to get PCC clear, there should be no FIR files against u, once it got filed and went to court, it is impossible to get out of it, my suggestion is to use someone who knows and respects both families and explain u r situation and ask her to withdraw the FIR, my friend is dealing with same situation its ongoing. To get a PR, PCC and Medicals are the two most important things.

If u apply for PCC it will show u got an FIR filed against u and its an ongoing case, but if proven not guilty then fine, as u know these cases take lot of time. best of luck.


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## KeeDa (Sep 1, 2014)

dillipreddy said:


> Sorry for the situation u r in Tom, this not just divorce case its 489A , and as of i know to get PCC clear, there should be no FIR files against u, once it got filed and went to court, it is impossible to get out of it, my suggestion is to use someone who knows and respects both families and explain u r situation and ask her to withdraw the FIR, my friend is dealing with same situation its ongoing. To get a PR, PCC and Medicals are the two most important things.
> 
> If u apply for PCC it will show u got an FIR filed against u and its an ongoing case, but if proven not guilty then fine, as u know these cases take lot of time. best of luck.


I thought so too, but he has been confident about PCC since the beginning.


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## Tom and Jerry (Apr 30, 2017)

Dear All, thank you for the replies. Since I have spent a lot of money for my registration for nurse I am very much worried. My wife is not ready to settle the matter outside court. She told me that she want to create problem for me so that I cannot go Australia. She is a very wicked person. I am very much confused that how I should get rid of her. I have 70 points for my PR and still I haven't lodged Eoi. This 498 case is totally false and she doesn't have any evidence against me and my family. I swear she want to trouble me and I shouldnot go Australia. She is creating all blunder things day by day. I don't know how have to deal with the court. 498 case may take 2 to 3 years to get final verdict, till then I am the sufferer. I am going to lodge application in the court requesting to give me Pcc. One of my agent told me that court may accept my request since my wife doesn't have enough evidence to prove against me. Please let me know any suggestions to get rid from this. Thank you so much to you all.


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## Tom and Jerry (Apr 30, 2017)

Also I would like to know what document should I need to provide that me and my wife are separated. Does my case officer accept if I lodge 189 PR visa. Please advise me. I am very much worried. Thank you all. Please let me know if anyone is interested to have telephonic conversation so that I can explain it clearly. I am very much upset. Thank you.


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## Tom and Jerry (Apr 30, 2017)

Dear All, one more thing I would like to tell you that I have taken my Pcc in November 2017 which is clear. My wife filed 498 case in January 2018. If I submit my old Pcc does my case officer asks me to submit updated Pcc. Pcc for dibp is valid for 1 year. Is it fine if I submit old Pcc which is clear. Please advise. Thank you.


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## mhr123 (Jul 4, 2017)

Tom and Jerry said:


> Dear All, one more thing I would like to tell you that I have taken my Pcc in November 2017 which is clear. My wife filed 498 case in January 2018. If I submit my old Pcc does my case officer asks me to submit updated Pcc. Pcc for dibp is valid for 1 year. Is it fine if I submit old Pcc which is clear. Please advise. Thank you.


PCC is valid for a year.. so i feel CO will accept it if its in the month of NOV. 

But still i suggest u inform ur issue while filing FORM 80 to case officer or else if ur in-laws or ur wife approach Australian high commission India ur Visa can be cancelled even after its granted, since u have not provided complete information.


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## KeeDa (Sep 1, 2014)

2 to 3 years is incorrect. A good lawyer can get it quashed much sooner than this.
Separation document: Your divorce petition.
PCC validity has to be 12 months and if it expires during your PR processing, CO can ask you for a fresh PCC again.


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## Tom and Jerry (Apr 30, 2017)

Dear All, thank you for the replies and support. Will contact you if I have any doubts in the meantime. Thank you once again. Bye.


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## shivam7106 (Aug 15, 2016)

Hi mate,

I feel sorry for you and I know these Divorce or separation things can bring the havoc in our journey for the PR.


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## Tom and Jerry (Apr 30, 2017)

Dear Brother, Thank you for the reply. Please may I know how my case officer reacts if I have 498a pending. If I lodge PR application I have to pay 3800 AUD. If my PR application rejected then dibp will not refund it. Please may u know your opinion. My wife is not ready to settle the matter at any cost.


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## dillipreddy (Feb 9, 2017)

Tom and Jerry said:


> Dear Brother, Thank you for the reply. Please may I know how my case officer reacts if I have 498a pending. If I lodge PR application I have to pay 3800 AUD. If my PR application rejected then dibp will not refund it. Please may u know your opinion. My wife is not ready to settle the matter at any cost.


Hi Tom,

1.You cannot get PR with cases filed against u and your PCC will not be cleared, money will not be returned.

2.Did u r case ever go to court sessions ? If u had attended court sessions, then u r name will always be in government records and online and u r PCC will always shows a case is filed against u and its in court,

3. If u r case is due in court, then u r wife can squash the FIR saying its a misunderstanding. So that u both never have to go to court. 

4. My friend paid the visa fee too , he is never gone get his PCC clear and his money wont come back . 

One piece of advise bro , watever it is u have to make her get u r FIR squashed, becoz of that u r future is in jeopardy, unless proven not guilty, which is unlikely against women these days.


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## dillipreddy (Feb 9, 2017)

One more thing Tom Divorce is civil case, which is fine, but "498A Dowry harassment" is Criminal....there is lot of difference between those two, so say u r fine with divorce, except ask her to squash this 498A case, before going to court.


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## Tom and Jerry (Apr 30, 2017)

Dear Brother, Thank you for the reply. If I am aquitted from the court then will by PR application will be approved or not. Please let me know. Thanks in advance.


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## Tom and Jerry (Apr 30, 2017)

Dear Brother,
If I am aquitted from the court then will it be a problem if I lodge PR application. Please advise. I have spent more than 20, 000 AUD for my professional registration. At the time of PR she has lodged this false case. So I will lose a huge amount. Please advise if I am aquitted from court then lodging PR application will be approved or not. Thanks in advance.


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## dillipreddy (Feb 9, 2017)

Tom and Jerry said:


> Dear Brother,
> If I am aquitted from the court then will it be a problem if I lodge PR application. Please advise. I have spent more than 20, 000 AUD for my professional registration. At the time of PR she has lodged this false case. So I will lose a huge amount. Please advise if I am aquitted from court then lodging PR application will be approved or not. Thanks in advance.


Hi Tom,

If acquitted by court there will be no problems, court proved allegations against u r false, so no problem go ahead


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## Tom and Jerry (Apr 30, 2017)

Thank you brother.


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## shivam7106 (Aug 15, 2016)

Hi,

My sister is separated from her husband but legally they haven't filed the divorce yet. Both of them is living separately in different cities in India and my sister is taking care of her 13 year old daughter from last 3 years. 

Now I am interested in calling my sister to Australia and have started the process. My main concern is that since my sister and my brother in law are not legally divorced what are the chances of my sister to get the PR? Also what documents or implications she might face during the process in regards with her daughter's custody.


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## Tom and Jerry (Apr 30, 2017)

Dear Brother, please make it clear if their any pending criminal cases such as dowry harassment or any other cases against your sister. If yes then it is difficult to pass character requirements. I have been in situation. I have spoken to one of the reputed consultants in Australia. It is quite difficult to lodge PR application of any cases have been pending. Hope you got the answer.


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## shivam7106 (Aug 15, 2016)

Tom and Jerry said:


> Dear Brother, please make it clear if their any pending criminal cases such as dowry harassment or any other cases against your sister. If yes then it is difficult to pass character requirements. I have been in situation. I have spoken to one of the reputed consultants in Australia. It is quite difficult to lodge PR application of any cases have been pending. Hope you got the answer.


Hi mate,

My sister doesn't have any case pending against her. Its just that she's not legally separated and i am tensed with her daughter's custody. How and what to show to the CO in regards with her daughter's custody?

I would really appreciate if someone could throw some light on this.


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## KeeDa (Sep 1, 2014)

shivam7106 said:


> Hi,
> 
> My sister is separated from her husband but legally they haven't filed the divorce yet. Both of them is living separately in different cities in India and my sister is taking care of her 13 year old daughter from last 3 years.
> 
> Now I am interested in calling my sister to Australia and have started the process. My main concern is that since my sister and my brother in law are not legally divorced what are the chances of my sister to get the PR? Also what documents or implications she might face during the process in regards with her daughter's custody.


They won't grant your sister and her daughter the PR without consent from her husband. See form 1229.pdf for more details.


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## AmitSaxena (Apr 15, 2018)

Hi,

Can anyone please reply. I am currently trying Australia pr 189 visa. Going to submit documents once I receive invitation. Last month my wife filed a false 498a complaint against me and my family. Currently mediation is going on. Please let me know in future if 498a FIR is filed will it become problem for the approval of Australia pr. Does the PCC going to be specified with the fir filed against me. Does such PCC is objected by case officer once I submit documents after receiving invitation. Also please let me know if the character document is not going to be approved.

She is also planning to file DVC (domestic violence case), Maintanence cases in future. Please let me know these cases also become problem for getting approval for australia PR.

Some years before I already worked in Australia for 11 months on 457 visa and my 457 visa was expired few years before.

Thanks and Regards,
Amit


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## neeraj_matt_kumar (Jul 5, 2018)

Tom and Jerry said:


> Dear All, I have a query in regards to 189 PR visa for Australia. My wife has filed 498 false dowry harassment case. FIR has been lodged. I have 65 points to get PR. I don't have any issue to get India PCC. Following are the questions I would like to know.
> 
> 1. Can I apply for PR if my court case is pending. I can provide PCC.
> 2. How it may impact on my PR application if my case is still pending. I can get permission from the court that I don't have any travel restrictions.
> ...


Hello Bro, What is your status now? Are you able to acquire PCC and have you applied for PR. My situation is also similar so, i am curious to know if I should go through same process.


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## Gunapalli (Sep 30, 2018)

Hi Tom, could you please tell us where did you finally arrive ... did you get your Pr ?


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## Gunapalli (Sep 30, 2018)

*Tom*

Hi all , I am also in similar situation .. I had applied for divorce from my spouse in 2017 and it’s still pending in court ... I got the invite and applied as well.. now case officer is asking to include my husband and provide pcc and form 80... what should I do in this situation


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## NB (Mar 29, 2017)

Gunapalli said:


> Hi all , I am also in similar situation .. I had applied for divorce from my spouse in 2017 and it’s still pending in court ... I got the invite and applied as well.. now case officer is asking to include my husband and provide pcc and form 80... what should I do in this situation


Any chance that he will oblige you by getting the pcc medicals and form 80 done ?
Have you asked him ?

If no chance, then consult a Mara agent for credible advice

BTW the CO cannot Compel you to include him in the application if you don’t want to.
He can only insist that you submit the pcc medicals and form 80 for him

Cheers


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## ajanshar (Nov 12, 2014)

*What is the document requirement for "Separated' status?*



KeeDa said:


> You are not asked about undecided matters as part of your visa application, but because you will be filing as separated or divorced, you will have to provide a document to this effect. Note: only a document to prove separation/ divorce.
> 
> Yes, you have to mention about your marital status in your PR; as a matter of fact, long before your PR (in the EOI itself) and are required to submit an evidence of separation/ divorce.
> There are no questions asked about undecided cases. Download _80.pdf_ from *Departmental forms* to get an idea about the information you are required to provide. Additionally, see this for information asked in the online visa application forms: *http://www.expatforum.com/expats/au...-australia/879554-189-visa-lodging-query.html*, and finally the official documents checklist: *Skilled Independent (subclass 189) document checklists*


Dear member, can you pls explain what kind of document proof will be required in case of 'Separated" status? 
I have applied for 498 EOI with "Separated" status. planning to apply 189 and 190 as well.
My Divorce case is pending in Indian court..I don't know when it will be sorted out..if I get a invite, I plan to apply for visa as "separated " status + Partner travel=NO; only I will include my son.
Pls suggest document requirement


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## KeeDa (Sep 1, 2014)

ajanshar said:


> Dear member, can you pls explain what kind of document proof will be required in case of 'Separated" status?
> I have applied for 498 EOI with "Separated" status. planning to apply 189 and 190 as well.
> My Divorce case is pending in Indian court..I don't know when it will be sorted out..if I get a invite, I plan to apply for visa as "separated " status + Partner travel=NO; only I will include my son.
> Pls suggest document requirement


Oh dear! It only gets complicated when you have a child. I am assuming your child is a minor. The requirements are strict and unless you have proper paperwork, it can become difficult, if not impossible to get an immigration visa. You first need to sort out access/ visitation rights to your child considering you will be overseas. Then you need proper wording in your divorce decree- in addition to full custodial rights, you should include the words "allowed to emigrate overseas (with your minor child) for permanent residency" (or similar); and finally your ex to sign *form 1229* just in case.

Edit: As for this question:


ajanshar said:


> can you pls explain what kind of document proof will be required in case of 'Separated" status?


 see Mainak's reply here: *Non-migrating dependent family members separated spouse - Page 4*


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## RahulCR7 (Dec 27, 2020)

KeeDa said:


> Oh dear! It only gets complicated when you have a child. I am assuming your child is a minor. The requirements are strict and unless you have proper paperwork, it can become difficult, if not impossible to get an immigration visa. You first need to sort out access/ visitation rights to your child considering you will be overseas. Then you need proper wording in your divorce decree- in addition to full custodial rights, you should include the words "allowed to emigrate overseas (with your minor child) for permanent residency" (or similar); and finally your ex to sign *form 1229* just in case.
> 
> Edit: As for this question: see Mainak's reply here: *Non-migrating dependent family members separated spouse - Page 4*


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## RahulCR7 (Dec 27, 2020)

Can any one let me know if passport renewal from Canada also needs Police Verification? also if I have applied quashing in high court and 498 A case in lower court put on hold then also in my PCC it show case is pending? does it possible to get a Canadian PR with existing 498 A . note I am working on a WP in Canada since Jan


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## NB (Mar 29, 2017)

RahulCR7 said:


> Can any one let me know if passport renewal from Canada also needs Police Verification? also if I have applied quashing in high court and 498 A case in lower court put on hold then also in my PCC it show case is pending? does it possible to get a Canadian PR with existing 498 A . note I am working on a WP in Canada since Jan


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Cheers


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