A big old mess

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A big old mess


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Old 11-07-2011, 04:18 AM
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A big old mess

Hi guys i'm new to this forum and was after some advice. My life is a big old mess at the moment.

I am currently on my husbands 457 visa. We are now seperated and I am in a relationship with an Australian Citizen who is also married but separated. My visa expires in September. I was just wondering what choices do I have?


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Old 11-07-2011, 05:31 AM
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Hi,

In order to remain in Australia on the grounds that you are in a relationship with an Australian, you'd have to apply for a partner visa as an unmarried (de facto) couple (we know through other members that the visa can be applied for even if the divorce hasn't gone through so long as your de facto relationship shows a life together exclusive of all others).

The problem is that to apply for a partner visa as a de facto couple, you have to have been in a de facto relationship (and living together) for the whole 12 months prior to applying). To apply this September you'd only be elgible if you'd been living with your new partner since Sep 2010. If you are younger than 30, you could return to the UK and come back on a working holiday visa in order to meet the 12 month requirement.

Usually people living in NSW can register their relationship to waive the 12 month requirement, but if your partner is married you won't be eligible to register the relationship. He'd have to get divorced first.

You will most probably need to return to the UK and come back on another visa, even a tourist visa, to be with your partner and to apply as a de facto couple (maybe you can find out if you can get a tourist visa from in Australia) - you can call immigration on 131 881.


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Old 11-07-2011, 06:11 AM
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I would also suggest that as you are here in Australia on your hsuband's 457 visa, and you are on longer in that relationship, there would probably be a requirement to advise the DIAC of this change in circumstances. It's better to be upfront and deal with the situation rather than not tell them, as not telling them could have significant ramifications down the track.

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Old 11-07-2011, 01:26 PM
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Quote:
Originally Posted by missmullen View Post
I would also suggest that as you are here in Australia on your hsuband's 457 visa, and you are on longer in that relationship, there would probably be a requirement to advise the DIAC of this change in circumstances. It's better to be upfront and deal with the situation rather than not tell them, as not telling them could have significant ramifications down the track.
I cannot agree more, this is crucial.


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