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Discussion Starter · #1 ·
Take a look at this scenario:

A woman is grant permanent residency through a Regional Sponsored Migration Scheme visa, requiring her to work 2 years in a regional area. Her de facto partner is also granted this visa. After she has completed 2 years of work they break up.

Can her partner remain in the country with his visa?

A couple months later he meets another woman and they begin a relationship, she is not from Australia. After a year into their relationship can she apply for a de facto partner visa?
 

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Hi Chelsea -

Once a person is a permanent resident, the status of their relationship with a partner or spouse is not relevant and is not the basis for any changes or revocation of a visa. So to answer you first question, yes the partner can stay in the country since she is a permanent resident and holds a permanent resident visa.

As to the second question, technically she can sponsor the new woman as she was not previously sponsored into Australia on a partner or fiance visa however that addresses only the 5-year sponsorship aspect - as I have almost no details on the situation or individuals involved, I cannot say with any certainty that she can sponsor the new person - I can only comment in general on the 5-year sponsorship regulations. The 5-year sponsorship limitation applies to partner and fiance visas.

That being said, I expect DIAC will take a close look at the new de facto partner relationship, so the applicant would be well advised to prepare a detailed and thorough partner visa application package to provide the best chances of success.

Hope this helps!

Best,

Mark Northam
 
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