De facto Sponsor still legally married-Eligible or not?

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De facto Sponsor still legally married-Eligible or not?


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Old 02-17-2010, 09:32 PM
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Question De facto Sponsor still legally married-Eligible or not?

hi all,

i am still legally mearried but separated and have been living with my current partner for over a year. I have 2 children to my ex husband but because they are young we are still living some days with them under the same roof and we still have a mortgage together. Is there any chance i can sponsor my current partner who has already been refused refugee visa and is from a high risk country?


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Old 02-18-2010, 08:46 AM
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Hi silence and welcome

Your situation is quite complicated, and I think requires some professional help. There are some registerd Migration Agents that post on this forum often, so you could probably search for them and ask directly.

As you have read from my posts, it is possible to satisfy the requirements for a de facto visa when one person is still legally married to another. In your case, you have the added difficulty of proving that you and your ex are seperated though you stay at his house often for the sake of your children. Also, if your de facto partner's visa was refused on character grounds, I'm pretty sure that will make him ineligible for an onshore spouse visa application. Why was his application refused?

I suggest you look on the DIAC website if you haven't already, and have a good read of Booklet 1, which outlines the specific critreia for the de facto spoouse visa.


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Old 02-18-2010, 11:21 AM
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Originally Posted by aussiegirl View Post
Hi silence and welcome

Your situation is quite complicated, and I think requires some professional help. There are some registerd Migration Agents that post on this forum often, so you could probably search for them and ask directly.

As you have read from my posts, it is possible to satisfy the requirements for a de facto visa when one person is still legally married to another. In your case, you have the added difficulty of proving that you and your ex are seperated though you stay at his house often for the sake of your children. Also, if your de facto partner's visa was refused on character grounds, I'm pretty sure that will make him ineligible for an onshore spouse visa application. Why was his application refused?

I suggest you look on the DIAC website if you haven't already, and have a good read of Booklet 1, which outlines the specific critreia for the de facto spoouse visa.
silence11
That's not only about as good an answer as I think you can expect to get in a discussion forum but you do have a particular situation for which you should get some professional advice; and whilst as Aussiegirl indicates there may not be a restriction in principle, each case is decided on its merits.

The refugee visa refusal could in fact have a significant bearing and if you do want at this stage to consult an agent, the following one is not only well regarded but has had experience with refugee situations.
Quote:
George Lombard
__________________
Migration Agent Registration Number 9601056
george[at]austimmigration[dot]com[dot]au
Welcome to Austimmigration | George Lombard Consultancy Pty. Ltd.
PO Box 257 Summer Hill NSW 2130




Last edited by Wanderer; 02-18-2010 at 11:24 AM.

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Old 02-18-2010, 07:57 PM
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thanks guys. i know my situation is very complicated. Thanks for the suggestions.


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Old 02-18-2010, 07:59 PM
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Hi aussie girl and thanks for your input. His visa was refused due to''credibility'' issues. I don't hold much hope for success in our case unfortunately.


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