Remarry after spouse visa

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Remarry after spouse visa

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Old 04-21-2013, 02:03 PM
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Join Date: Apr 2013
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Remarry after spouse visa

Hi all

Haven't gone to the lawyer yet, just asking a few basic questions first.

I have had a partner for several years and married for 3 years, we have just completed her spouse visa and she has had her PR for about 1 month now.

She is pregnant with my child.

However over the past 6 months our relationship has been deteriorating and we have been separated for about 3 months.

She is now dating a old family friend of hers and they wish to move in together and look to marry in about a year or 2, it is partly arranged marriage but is a genuine relationship. They will be looking to get my ex wife to sponsor him to stay in the country.

So in short i sponsor her for a spouse visa, she now has Pr and we are going to divorce. And she is looking to re marry. And she is pregnant.

I am still on very good terms with her and her partner, we just decided that being married isn't the best for us and we will be better off as friends.

Strange enough they will probably end up living in my house for a while.

Question is,

Is she able to sponsor him? Is so what would need to be done? What complications would there be? Has anyone done this before?

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Old 04-21-2013, 02:51 PM
louiseb's Avatar
Join Date: Dec 2012
Location: Australia now, but lived in Malta born in the UK
Posts: 1,036
Users Flag! From australia

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Hello and welcome to the forum,
I think the first thing you need to do is seek profesional advice on this one, personally i wouldnt worry too much about her situation if there is problems ( and i dont if there will be) then the immigration will deal with her and her new partner. The only concern i would have is for the unborn child which i presume is yours. Sorry i couldnt be of much help.


i wish to see the smiles of loved ones reunited after months of waiting, god bless you all

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Old 04-21-2013, 05:22 PM
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Join Date: Sep 2012
Posts: 52
Users Flag! From australia

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There is a five year rule for someone who was sponsored to sponsor a new partner.
When did your wife apply her visa?
You need to be seperated for a year before you can divorce and the it takes a couple of months to get the ruling.
Did you contact DIAC about your breakup before your wife's PR grant?
You stated seperated 3 months PR grant 1 month.

Sponsor Obligations
If you want to sponsor your partner's visa application to migrate to Australia, you must sign a sponsorship undertaking.
If you sign this sponsorship undertaking, the following obligations apply while your partner is in Australia on this visa. You:

•are responsible for all financial obligations to the Australian Government that your partner might incur while they are in Australia
•agree to provide adequate accommodation and financial assistance as required to meet your partner's reasonable living needs. This assistance would cover the two years following the grant of their temporary Partner visa
•will provide financial and other support, such as childcare, that will enable your partner to attend any English classes they need
•will provide information and advice to help your partner settle in Australia. This information and advice should include telling your partner about employment in Australia
immediately notify the department if your relationship with your partner breaks down, or if you withdraw your support for your partner before their application is finalised.

Your wife will be asked when she sponsors when and how her last relationship ended this may raise some flags.


Last edited by Ausfil; 04-21-2013 at 06:46 PM.

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