Discuss Skilled GSM 175 Separation Case posted within the Australian Visas and Immigration Advice forum at Getting Down Under

Dear Experts,

I hope my search ends here as I expect my queries to be answered best here..
I would like to apply for Aus PR (subclass 175) and I am a IT software engineer in INDIA..I have been married since 1 year but since 5 months me and my wife living separately.It is not a legal judicial separation,however we are just staying separately.We have not opted for divorce legally yet but we are almost apart since 5
months I would like to apply for Aus PR(as Skilled Migrant under subclass 175) but she is not ready to provide her documents and cooperate me for this.I insisted many times but she has put off all communications with me by not picking my calls or not
replying my mails.I don't want to file a divorce as of now as it may take ages in the indian legal system.I don't want to run under these legal issues as of now as it can occupy valuable years of my career.
My queries are:
1> Can I apply as primary applicant alone without having any secondary applicant in the application to DAICC? Is this valid not to provide spouse as secondary applicant even if you are in married status? What documentary proof I need to submit, as I don't want to enter the legal system as it may delay my application in total.

2> Will I be denied visa or my visa application will be put on hold till I get formal divorce.

3> If I apply alone as primary applicant and put the marital status as 'Separated'.Also I attach a Statutory declaration that I and my wife are living separately mentioning the date of separation and date of marriage into it. Do I need to produce
any more document like court order etc. Will my visa face a rejection as it is not legal separation.

4)Do I need to fill the Part C(Partner info) of form 1276 or Part E(Partner section) if I provide a statutory declaration?
6)Will my case be put on HOLD by visa officer until I get her medical done or get a divorce legally?

Pls. advice as I am in need of this information and want to know
about it before filing my application.
Also suggest a way forward..

Can someone help in my query? I need the info very urgently

As long as you are not divorced your spouse will be a non-migrating member of your family unit. She should not be included in the application as a secondary applicant, but all members of the family unit, whether included or not, must meet health and character requirements.

Your marital status would be "separated".

Q 22 If your partner does not intend to migrate with you, attach
a note explaining why and saying whether your partner
intends to join you later, or other reason. If you are
separated, attach a statutory declaration that gives the
name of your partner, date of marriage or date when
de facto relationship commenced, date of separation, and
(if the separation is permanent) states that you are getting,
or intend getting, a divorce (if applicable).

Don't fill in Part C and the partner question in Part E.

Well, if I understand correctly you say it is possible to apply as primary applicant with "Separated" status and accompanying statutory declaration. I don't need any divorce decree to apply.

At the same time.you are saying that medical and character checks are mandatory for my wife even if we are in "Separated" Status? Is she my dependent if we are living separately.? As said earlier she is not willing to cooperate me and I am sure she will disagree for any medicals checks or any other checks.

Originally Posted by y2kdude2007

Well, if I understand correctly you say it is possible to apply as primary applicant with "Separated" status and accompanying statutory declaration. I don't need any divorce decree to apply.

That is correct, see question 22 on the form.

Originally Posted by y2kdude2007

Is she my dependent if we are living separately.?

Not necessarily, but she is still your wife and as such a member of your family unit.

Originally Posted by y2kdude2007

As said earlier she is not willing to cooperate me and I am sure she will disagree for any medicals checks or any other checks.

Unfortunately, that's not an unusual problem...

Y2kdude
it seems there's a way to state this (spouse noncooperation) on 'statutory declaration', witnessed by AU consular officer; confirm with Nick though as to how to proceed with it
lemme know how it goes...

This is what it says on the form 1276 - but i filled the online app with NO dependents!

Will your partner be migrating with you?

If your partner does not intend to migrate with you, attach a note explaining why and saying whether your partner intends to join you later, or other reason. If you are separated, attach a statutory declaration that gives the name of your partner, date of marriage or date when de facto relationship commenced, date of separation, and (if the separation is permanent) states that you are getting, or intend getting, a divorce (if applicable).

I stated "no" and submitted a self-written Statutory Declaration witnessed in front of an AU Consular Officer saying that we were separated immediately after (within 15 days of) marriage...

As part of further processing, the CO asked me for 1.) the marriage certificate, 2.) her passport bio-pages & 3.) a statutory declaration from my separated spouse as well

I uploaded the first two but my spouse won't provide the declaration because there is no mutual consent...

I am clearly not wishing to include her on the application, all my other documents/ requirements are showing as met, please help on how to proceed

- Evidence of separation - signed letter from spouse declaring separation and that she does not wish to be included in the visa application, you must also include evidence of her signature or legal divorce document

I am working away from my home country and have been separated for 15 months now - I am thinking of filing from overseas...any advice would be greatly appreciated!