applying for partner visa while previous partner visa is waiting to go to MRT?

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  • 1 Post By aussiegirl

applying for partner visa while previous partner visa is waiting to go to MRT?

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  #1 (permalink)  
Old 12-08-2011, 12:21 PM
Junior Member
Join Date: Dec 2011
Posts: 1
Users Flag! From australia

applying for partner visa while previous partner visa is waiting to go to MRT?

My boyfriend's previous marriage broke down before the 2 year period had passed - his temporary visa was cancelled, he lodged an appeal and is now on a bridging visa (subclass A) waiting for it to be heard at the MRT... but it's just borrowing time really, he doesn't have a much of a case and will very likely lose the appeal...

He has been separated from his wife for more than 12 months and the marriage is more than 2 years old, so he is good to go for a divorce.

We are hoping there is enough time for us to lodge a partner visa before he has to leave australia and that he can stay here on a bridging visa while we wait

My questions are:

* Any idea what the waiting time is for the appeal?

* If he gets a divorce will it affect the appeal? Will it speed up the time until it's heard? Is he legally required to withdraw the appeal or anything?

* What implications are there for him going straight from an appeal for one partner visa to lodging a new partner visa? How much will this impact our chances of success? Will he be able to stay on the same bridging visa he is on now - subclass A which allows him to work?

* Will he only be able to get a bridging visa after we are married and have lodged the application? Is there any way he could get it beforehand since the only thing delaying it is the divorce from his current wife so that we can get married?

* any other advice on our situation?

Thanks for any help

  #2 (permalink)  
Old 12-08-2011, 08:52 PM
Active Member
Join Date: Oct 2011
Posts: 42
Users Flag! From australia

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Don't marry him, you obviously don't know him a long time. There are many good men in this country, find someone else!

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Old 12-08-2011, 10:56 PM
Join Date: Dec 2009
Posts: 895
Users Flag! From australia

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If he was sponsored himself within a certain time, he may not be able to apply for another partner visa unless the relationship with you has been long standing.

You need to check the conditions of being sponsored and the limitations of the partner visa.


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  #4 (permalink)  
Old 12-08-2011, 11:58 PM
Join Date: Dec 2009
Posts: 895
Users Flag! From australia

88 likes received
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Well, there seems to be no limit on the applicant if they have been sponsored before. However, I would consider getting an agent or immigration lawyer to help you with the new application.

I'm not saying what you have done is wrong, love is love afterall. But, from an immigration viewpoint, they may be suspicious of him going from one partner to another while his first application is being appealed.

bma likes this.

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Old 01-18-2012, 11:53 AM
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Join Date: Jan 2012
Location: Subang Jaya, Malaysia
Posts: 53
Users Flag! From pakistan

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It is stated on DIAC's website that if the sponsor has sponsored or been sponsored in the past five years, they are not eligible to sponsor their partner.

Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801)

When you may not be eligible

You may not be able to sponsor your partner if any one of the following applies:

you are not an Australian citizen, Australian permanent resident or eligible New Zealand citizen

you have previously sponsored two other partners for migration to Australia (including sponsorships you may have withdrawn where your former partner obtained permanent residence on family violence grounds)

you have sponsored another partner within the last five years

you were sponsored for a partner visa as a partner yourself within the last five years

you are the holder of a Woman at Risk visa (Subclass 204)

you have a conviction or an outstanding charge for an offence against a child.

If you have previously sponsored or been sponsored, you may still be permitted to sponsor your partner in compelling circumstances, such as:

if your previous partner has died or abandoned the relationship leaving young children

if your relationship with your current partner is long standing (that is, two years or more)

if you and your current partner have dependent children of your relationship.

  #6 (permalink)  
Old 01-21-2012, 09:56 AM
laura longhurst
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Please update your flag here .

[QUOTE="laura longhurst"]Hello everyone, I've been following these posts for weeks now and I don't know where to start! I'm hoping there's someone out there who can help me!

I've been with my Australian partner for 3.5 years! He lived with me for 8 months but no joint finances he just helped with bills! He went back to Australia 2 years ago and we've both visited each other once a year and keep in contact every waking hour!

He is already married 8 years ago but it broke down 6 years ago! He sponsored we as a spouse in 2003 but she left in 2004! The divorce is now in process!

We have proof of visits, holidays together, and various other things, 2 stay decs from his mother and beat friend me in the uk have got stat decs from family too!

A visa company told me that a partner visa would be out of the question as he's married still an we haven't lived together for 12 months! I'm desperate to be with him there and although we plan on marrying in the future it's a case of because we want to and not have to! So a prospective marriage visa is outta the question!

Can anyone give me any help at all?

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