hey, i married in 2009 Feb, and i was hold student visa before,

Hi JACUSTOMER-mf0kircy-

I asume you are on a temporary spouse visa

If the relationship is over then you may not be allowed to stay in Australua

also you cannot divorce unless you have been separated for 12 months

in your case as the marriage is under 2 years you also have to go to counselling and get a certificate that the marriage is not salvageable

once you have the certificate and you have been separated for 12 months you can get a divorce.

It will impact on your visa and you could be deported

I hope this is of assistance and if so please click on the accept button

after 2 years of marriage you can apply to get your PR

if you wish to change back to a Student Visa you have to apply to the Department

if the relationship is over now and you want a divorce you have to be separated for 12 months

before you can apply

when you got your spousal Visa were you in Australia or outside of australia?

I would suggest apply for the student visa first

you have to advise the department that you have separated

once you do that then you can no longer stay

if you have applied for another visa then you should go onto a bridging visa until the new visa is decided on.

you apply for the divorce with the Family Court or the Federal Magistrates court.

you cannot apply for the divorce unless you have been separated for 12 months

during the separation you cannot live as husband and wife. If you do then you are not separated.

I hope this is of assistance

here are your obligations

http://www.immi.gov.au/migrants/partners/partner/820-801/obligations-applicant.htm

your circumstances have changed - you are no longer living with your partner

when you went on the Spousal Visa the Student Visa Should have ceased

you cannot be on 2 visas at one time