She cannot get an annulment only a divorce. She has to inform the Department that the marriage is over it is a condition as a sponsor. Failing to do this she is in breach and if they discover that she has allowed him to get a PR because she lied and failed to disclose the marriage is over she can face penalties as can he.
She cannot get an annulment as the grounds required are not met. She has to eat 12 months from the date of separation and then apply for a divorce.
The following are the grounds under which she can get an annullment
The Court may declare a marriage invalid on the following grounds:
n At the time the parties were married, one of them was married to someone else.
n The parties are in a prohibited relationship.
n The parties did not comply with the laws in relation to
the marriage in the place they were married.
n Either party was not of a legal age to marry.
n Either of the parties did not give their real consent to the marriage because:
– consent was obtained by duress or fraud,
– one party was mistaken as to the identity of who they were marrying or the nature of the ceremony, or
– one party was mentally incapable of understanding the nature and the effect of the marriage ceremony.
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