• Insights

“What’s Love got to do with it?”

February 25, 2016

Country / Territory

  • AustraliaAustralia

Related contacts

Photo of Alex Paterson

Alex Paterson

Senior Counsel

Sheffield, United Kingdom

Email

[email protected]

T:+44 (0) 114 289 2026

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Alex Paterson

Alex Paterson

Senior Counsel

Sheffield, United Kingdom

Email

[email protected]

T:+44 (0) 114 289 2026

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Alex Paterson

Alex Paterson

Senior Counsel

Sheffield, United Kingdom

Email

[email protected]

T:+44 (0) 114 289 2026

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Alex Paterson

Last week I participated in a Forum for Expatriate Management event in Perth, alongside Martin Kavanagh, Irish Honorary Consul and Principal of Kavanagh Family Lawyers, my colleague Kian Bone and two highly experienced HR professionals.  The session covered aspects of immigration and family law, in the context of international assignments.  As international assignment patterns and locations become ever more challenging, the chances of a family breakdown scenario unfortunately increase.
 
Start of Assignment
 
The issue can rear its head at the outset of an assignment, when an employee wants to bring a dependent child to Australia without the other parent.  Public Interest Criteria must be considered where a child under 18 is included in a visa application, deriving from Australia’s obligations as signatory to international Conventions such as the Hague Convention and the Convention on the Rights of the Child. The criteria prevent grant of a visa if there are custody/residence disputes pending. For a child to be granted a visa with only one accompanying parent, DIBP must be satisfied:
 
  • that the law of the person’s home country permits removal of the child;
  • that each person who can lawfully decide where the child is to live consents to the visa being issued; or
  • that the grant of a visa would be consistent with any Australian Child Order in force. 
 
DIBP will usually require either written consent of the parent remaining overseas or a Court Order addressing residence and other related provisions in place for the child.
DIBP must also be satisfied that the visa grant is in the best interests of the child.  Typically they would not seek further evidence if consent is given by the overseas parent or a Court Order is in place.  It would only be if other concerns have come to light during the application process.
 
Family Issues Whilst on Assignment
 
Challenging scenarios can arise while employees are on assignment.  Relationship breakdown when in a foreign country on a limited stay visa, adds another level of complexity.  Possible new de facto relationships (which in the context of a Subclass 457 visa application could be substantiated after 6 months), visa cancellation provisions (which would affect dependent 457 visa holders in a relationship breakdown) and the fact that an adult dependant in a relationship breakdown scenario, might want to return overseas even if there are options for them to remain in Australia (quite possibly with any dependent children), mean these situations need careful handling.
 
Assignees may not understand when the Australian courts would have jurisdiction over divorce/relationship proceedings and that this may extend to making settlement orders for foreign owned assets and parenting orders in respect of children of the relationship.
 
Martin addressed the establishment of a de facto relationship in Australian family law terms and how this differs from the position in UK for instance, or in the USA. This in turn directly affects property settlement and child orders that may be made in respect of a relationship breakdown occurring whilst on assignment in Australia.    
 
An interesting point made was that in any family law matter, evidence submitted to DIBP to substantiate a relationship or to demonstrate financial standing as part of a visa application would be compelling to the Family Courts.
 
Visa Cancellation
 
DIBP can cancel an Australian visa where a “circumstance upon which the visa was granted” no longer exists.  Certain factors must be considered before this decision is made. Where family law matters are pending, DIBP would not typically proceed with cancellation until they have been concluded. 
 
In family violence situations, special provision is made in limited circumstances. This allows some individuals who entered Australia holding a Prospective Marriage Visa to lodge a Partner Visa application and those with a provisional Partner Visa to apply for a permanent Partner Visa, where the marriage or relationship has broken down due to family violence committed by the sponsoring partner/spouse. 
 
For dependent 457 visa holders however, the point will likely come where they will either have to qualify for a visa in their own right (as a primary applicant), or return overseas. Children’s visa status also needs assessment to see what options exist to live in Australia or visit to have access to the Australian-based parent.
 
Top Takeaways for Companies
 
Include family matters in your pre-assignment briefing checklist. Assignees can be advised to seek personal legal advice, as applicable.  This includes counselling assignees to immediately seek family law advice where family issues arise.
 
Ensure international assignment policies address which accompanying and future dependants are included within its terms and the level of support offered. This is critical to avoid any misunderstandings, particularly in the case of short-term assignments or where new relationships are established while on assignment. 
 
Where issues arise on assignment, be mindful of on-going immigration sponsorship obligations as well as any specific contractual commitments made to employees and family members and seek prompt advice where needed. 

Country / Territory

  • AustraliaAustralia

Related contacts

Photo of Alex Paterson

Alex Paterson

Senior Counsel

Sheffield, United Kingdom

Email

[email protected]

T:+44 (0) 114 289 2026

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Alex Paterson

Alex Paterson

Senior Counsel

Sheffield, United Kingdom

Email

[email protected]

T:+44 (0) 114 289 2026

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Alex Paterson

Alex Paterson

Senior Counsel

Sheffield, United Kingdom

Email

[email protected]

T:+44 (0) 114 289 2026

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

UAE – Demographic Diversity Requirements | #MobilityMinute

The UAE’s demographic diversity requirements are designed to encourage a more diverse workforce among companies operating in the mainland jurisdiction. In this Mobility Minute, Manager Devika Thamattat explains the requirements, potential consequences of noncompliance and steps employers can take to help maintain the required nationality balance.

Learn more

Media mentions

Global Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers

Partner K. Edward Raleigh explains how proposed changes to the H-1B salary exemption threshold could affect US employers’ hiring practices and why enactment this year remains unlikely.

Learn more

Video

Family Reunification in Germany: Who Qualifies and How Does It Work?

In this video, Fragomen Senior Manager Katharina Vorländer explains who may qualify for family reunification in Germany, the requirements that may apply, employment and education rights for accompanying family members and important considerations when preparing an application.

Learn more

Media mentions

Dziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze

Partner Karolina Schiffter discusses how digitalization is transforming immigration procedures in Poland and how law firms can adapt to evolving client expectations.

Learn more

Blog post

Who Qualifies for Costa Rica Permanent Residence?

Immigration Supervisor Michael Salas Guzman explains who may qualify for permanent residence in Costa Rica, the key benefits of permanent status and important considerations for foreign nationals planning to live and work in the country long term.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

Learn more

Video

UAE – Demographic Diversity Requirements | #MobilityMinute

The UAE’s demographic diversity requirements are designed to encourage a more diverse workforce among companies operating in the mainland jurisdiction. In this Mobility Minute, Manager Devika Thamattat explains the requirements, potential consequences of noncompliance and steps employers can take to help maintain the required nationality balance.

Learn more

Media mentions

Global Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers

Partner K. Edward Raleigh explains how proposed changes to the H-1B salary exemption threshold could affect US employers’ hiring practices and why enactment this year remains unlikely.

Learn more

Video

Family Reunification in Germany: Who Qualifies and How Does It Work?

In this video, Fragomen Senior Manager Katharina Vorländer explains who may qualify for family reunification in Germany, the requirements that may apply, employment and education rights for accompanying family members and important considerations when preparing an application.

Learn more

Media mentions

Dziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze

Partner Karolina Schiffter discusses how digitalization is transforming immigration procedures in Poland and how law firms can adapt to evolving client expectations.

Learn more

Blog post

Who Qualifies for Costa Rica Permanent Residence?

Immigration Supervisor Michael Salas Guzman explains who may qualify for permanent residence in Costa Rica, the key benefits of permanent status and important considerations for foreign nationals planning to live and work in the country long term.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
October 28, 2026 | United StatesUnited States: Global Entry Opens to Eligible Citizens of Saudi Arabia
October 28, 2026 | CanadaCanada: Temporary Measures for Haitian and Sudanese Nationals Updated
October 28, 2026 | United StatesGlobal Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers
October 28, 2026 | MalaysiaMalaysia: Additional Permission to Study and Second Work Location Applications Moving Online
October 28, 2026 | New ZealandNew Zealand: Expanded Visa Pathways for Business Visitors and Specialist Services Workers
October 28, 2026 | United StatesUnited States: Global Entry Opens to Eligible Citizens of Saudi Arabia
October 28, 2026 | CanadaCanada: Temporary Measures for Haitian and Sudanese Nationals Updated
October 28, 2026 | United StatesGlobal Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers
October 28, 2026 | MalaysiaMalaysia: Additional Permission to Study and Second Work Location Applications Moving Online
October 28, 2026 | New ZealandNew Zealand: Expanded Visa Pathways for Business Visitors and Specialist Services Workers
October 28, 2026 | United StatesUnited States: Global Entry Opens to Eligible Citizens of Saudi Arabia
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.