Partner visa for husband if we are legally separated (but not divorced)

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Partner visa for husband if we are legally separated (but not divorced)


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Old 07-17-2013, 04:00 AM
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Partner visa for husband if we are legally separated (but not divorced)

Hello. My husband and I separated about 1 year ago while living overseas. I returned to Australia (I'm an Australian citizen) and he returned to his country. We are still living in separate countries but want to reconcile our relationship. However, I'm not sure about visa options for him to come here. On a spouse visa any separation must be only temporary. We are legally separated (we filed orders in family court, although we aren't and don't plan to be divorced) and we can't actually live together without a visa (other than him coming here on a 90day tourist visa). So I'm not sure how to prove that we genuinely wish to end the separation and resume our marriage. Has anyone had any experience with this? Any ideas if a spouse visa is possible in these circumstances and, if so, what is the best way to present the separation?? Tricky situation!!!

Thank you in advance for any advice


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Old 07-17-2013, 07:02 AM
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I would imagine that "temporary" means temporarily apart for logistical reasons as an example, rather than apart becuase you seperated. Part of obtaining a partner visa is proving a mutual long term commitment to each other so being seperated for 1 year i'm not sure how successful you will be doing that.

There may be other people on this forum who can help, but it's a pretty rare situation from my knowledge. You would benefit from consulting a migration agent who is MARA registered.

In my opinion based on my knowledge of partner visa's, you would probably have to go back to living with your partner for at least a few months before you can apply confidently. I don't believe you will be successful lodging an application at this point without having returned to your domestic relationship. How you achieve this is up to you - either you have to go and live with him or he needs to come to Australia on another visa.

A tourist visa is a risky option as they are not granted to people to live in Australia, they are only granted to tourists and you would need to be able to prove living together for the purposes of the partner visa application.

Can he get a student visa or skilled working visa?

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Old 07-17-2013, 08:41 AM
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Thanks for your helpful response. Yes, this is all as I expected. I spoke with someone from the immigration dept who said I would need to "explain the separation" but he obviously wasn't specific as to how I could do that. No, my husband can't do the skilled work visa option and the student visa isn't appealing (he's done it before elsewhere) but might be the only option.

We have a young child and I don't want to move her away from her life here, so me going to him isn't really an option either.

Do migration agents specialise in particular types of visas? Other than their websites (where I presume they will list everything to get as much business as possible), does anyone know if there is any way of finding out who might be skilled in these kind of unusual situations?

Thanks again.


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Old 07-17-2013, 09:42 AM
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There are a number of migration agents that may be able to help you. Mark Northam who is a member of this forum is a good place to start.

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Old 07-17-2013, 02:31 PM
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Kmarees as usual is spot-on, bethany. Mark is a great agent who has proven really helpful around here (and his rates are very reasonable). I'd start with him.

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Old 04-29-2014, 11:11 AM
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hi, I am separated for more than 2 years from my Australian partner and I am now living in Sri Lanka while she lives in Australia. I have never applied for the partner PR or any other VISA But not divorced.

My new de facto partner is a AusAID scholarship holder and the DIAC says that I cannot apply as her student partner if i am eligible for PR from my previous marriage. Does anyone know after separated for more than 2 years, I am still eligible for PR from my previous marriage ? please help.....


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Old 04-29-2014, 06:31 PM
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You have to show that your relationship is genuine and ongoing. if you did apply the process is a two stage process, You are issued a temporary visa and if the relation is still ongoing then you progress to a permanent visa. I would think you would have some difficulty in applying for the visa but you would have to explain fully the 'official separation" and changes in circumstances MUST be reported to immigration . are there children involved? each case is different there is no one stamp fits all. You must address all questions and all issues that may effect your application


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