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Discussion Starter · #1 · (Edited)
Hi everyone.
I am helping my brother in law, who is overseas, to fill out form 80.
He has a doubt about question 23 - "Do you have a partner?"
He has been separated for years but is not legally divorced. Should he answer yes or no?
He has applied for Visa 173 Contributory Parent temporary and in the application he stated that he is separated. A statutory declaration was also attached to the application form. He will be coming to Australia alone.
Can someone please give me an answer?
Thanks!
 

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Hi Lori -

I would recommend "yes", as it appears he is still legally married to the person, but separated. That being said, for the 173 Contributory Parent visa, it's also important to make sure that if there are any custody issues, etc as part of the separation or divorce, he still meets the Balance of Family test:

Balance of Family Test

Best,

Mark Northam
 
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