De-factor Partner Visa - married but not legally separated sponsor

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De-factor Partner Visa - married but not legally separated sponsor


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  #1 (permalink)  
Old 08-05-2011, 01:23 PM
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De-factor Partner Visa - married but not legally separated sponsor

Hi everyone,
Hope someone would be able to help.

I originally came from the Philippines and moved to Australia back in Oct 2008 under 457 visa (employer sponsored working visa). Since there's no divorce in the Philippines and annulment is too expensive, I am still married but separated wih my husband since March 2008. The separation was the reason I decided to work abroad... to move on....

March, this year, my permanent residence visa (employer-sponsored too) was granted. In the application, I have submitted a Statutory Declaration that I am separated, reason why the ex-husband is not migrating with me.

Since June of 2009, I fell in love with a fellow 457 visa holder and we started living in together in November 2009 until now. 2 months ago I found out that I was pregnant and my baby is due to come out early 2012.

My question is, would I be able to sponsor him a partner visa even if I am still married, because there's no divorce in the Philippines... ??? Would having a baby (in addition to our statements and friends') enough proof for a genuine and continuing relationship?

Edit:
I have no child with the former relationship. and sorry I could no longer edit the title, should be de-facto


Last edited by BabyAussieComin2012; 08-05-2011 at 01:26 PM. Reason: Additional info

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Old 08-05-2011, 01:29 PM
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Hi,

You can definately still sponsor your current partner for the partner visa. This topic has already been discussed on a thread by aussiegirl:
http://www.australiaforum.com/visas-...confusion.html
(I strongly suggest you bookmark this link and keep it to refer back to if you need it later)

Aussiegirl went through the same situation as yourself, read her whole post, in particular note this:

It clearly states in PAM 3: DIV1.2/REG1.15A section 5 "Regulation 1.15A(2) - De facto spouse relationships" that it is possible to satisfy the criteria even though still legally married if they can satisfy the CO that they are permanently separated from that person. It also references section 11.3 as to what criteria should be met to show the de-jure relationship has ended. And it says, as I realised, in 11.3.3, 11.3.4 and 11.4.1 that there is nothing in regulation 1.15A that requires parties to divorce in order for the spouse relationship to have ceased and that they need only be living separately and apart on a permanent basis (as is the case for my partner).

You don't need to be divorced, you just need to prove that you live separately from your husband on a permanent basis, which will be easy for you to prove. The fact that you have a child with your current partner helps too.


Last edited by SarahM; 08-05-2011 at 01:33 PM.

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Old 08-05-2011, 01:38 PM
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Thanks Sarah,


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Old 08-05-2011, 01:43 PM
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You're welcome, all the best and congratulations for your upcoming baby


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Old 08-05-2011, 02:03 PM
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yeah, so excited too... thought I'd never be a mum.

and oh I noticed your timeline, application and approval all happened in the same day???


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Old 08-05-2011, 02:12 PM
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Quote:
Originally Posted by BabyAussieComin2012 View Post
yeah, so excited too... thought I'd never be a mum.

and oh I noticed your timeline, application and approval all happened in the same day???

Oh no, it's my husband the applicant actually but his visa hasn't been granted yet, see it say's at the bottom, visa granted: __ .
But he gave in his medical check and police check on the same day though.
Good luck with your application


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Old 08-05-2011, 02:28 PM
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Quote:
Originally Posted by SarahM View Post

Oh no, it's my husband the applicant actually but his visa hasn't been granted yet, see it say's at the bottom, visa granted: __ .
But he gave in his medical check and police check on the same day though.
Good luck with your application
hahaha, yeah didn't see that.
Thanks, I will let you know!


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Old 08-07-2011, 01:06 AM
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? i disagree ... two people on 457 business visa's are reliant on the company they are working for ... how can either of them sponsor the other? ..and how the .... can you have a partner visa with a different person who is not your husband/wife? ... last i checked polygami is not allowed in australia. ..anyway thats just my opinion.

i guess you can have a defacto relationship ... but thats a different kettle of fish all together mmm .. i still think 457 are BUSINESS VISA's ... if you stop working for this company you have to leave australia or get a different visa.

not to mention the 12month requirement of living together etc...


Last edited by znuff007; 08-07-2011 at 01:09 AM.

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Old 08-07-2011, 01:58 AM
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znuff, I think u missed few babieassuie's words .. "March, this year, my permanent residence visa (employer-sponsored too) was granted" .. She's PR and her partner is subclass 457, even not divorce but can apply for de facto adding her baby coming soon so can see the genuine relationship here.

Congrats babieassuie.

Cheers


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Old 08-07-2011, 03:24 AM
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You can be in a defacto relationship with someone who is legally married but seperated. Im sure if the OP could get a divorce from her husband she would but clearly in this circumstance she cant.

As long as she can clearly demonstrate being in a genuine and commited relationship with the father of her baby. The married thing is just a technicality.

It is in no way bigamy because the new couple is not married.


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