intention to marriage visa, but one person's divorce not finalised

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intention to marriage visa, but one person's divorce not finalised


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Old 03-06-2010, 03:47 AM
 
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intention to marriage visa, but one person's divorce not finalised

Hi everybody! we my partner and i have been going around and around in circles over our current dilemma and thought someone on here may have a suggestion or solution as to what can be done!

A little background information: up until October 2009 i had been living in China with my soon-to-be-ex-husband, i am born and raised Australian and had been living in china for 18 months. I met a man there and my husband and I separated whilst overseas and i moved back to Australia with my 2 children. We have been legally separated since October 25th. Under Australian law i am unable to get a divorce for 12 months, then according to my lawyer will take an additional 2-3 months to have it finalised.so technically i will not be able to remarry till December 2010. My partner whom i have been in a relationship for since October 2009, we want to be married.

He has just spent the last 3 months here on a tourist visa, we were living together for this whole time. his tourist visa expired and he left Australia on February 27. Obviously there is alot of months between now and when i can legally marry, we are not sure if we should try and apply for an 'intention to marry' visa in the next few months as the time line will fit ok, if we take into account the 9 months to marriage clause. But i am not sure if they would accept our application as i am still technically married. my soon to be ex husband and i want a divorce asap, he lives overseas now, and we are frustrated by the 12 month waiting period.

Do you think we would need to wait till i am officially divorced to apply for the intention to marry visa? or is there any way we can work around it? eg can my partner come across on another tourist visa, then apply in Australia for the intention to marry. We want to start out life together asap and are trying to figure a work-around. One that hopefully allows him to be here and to hopefully be able to work as well. As he wants to be an active contributor to our family and not just here on a tourist visa and not been able to work.

Thanks in advance for you advice and sorry for the lengthy message!


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Old 03-06-2010, 06:24 AM
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Originally Posted by sassygirl View Post
Hi everybody! we my partner and i have been going around and around in circles over our current dilemma and thought someone on here may have a suggestion or solution as to what can be done!

A little background information: up until October 2009 i had been living in China with my soon-to-be-ex-husband, i am born and raised Australian and had been living in china for 18 months. I met a man there and my husband and I separated whilst overseas and i moved back to Australia with my 2 children. We have been legally separated since October 25th. Under Australian law i am unable to get a divorce for 12 months, then according to my lawyer will take an additional 2-3 months to have it finalised.so technically i will not be able to remarry till December 2010. My partner whom i have been in a relationship for since October 2009, we want to be married.

He has just spent the last 3 months here on a tourist visa, we were living together for this whole time. his tourist visa expired and he left Australia on February 27. Obviously there is alot of months between now and when i can legally marry, we are not sure if we should try and apply for an 'intention to marry' visa in the next few months as the time line will fit ok, if we take into account the 9 months to marriage clause. But i am not sure if they would accept our application as i am still technically married. my soon to be ex husband and i want a divorce asap, he lives overseas now, and we are frustrated by the 12 month waiting period.

Do you think we would need to wait till i am officially divorced to apply for the intention to marry visa? or is there any way we can work around it? eg can my partner come across on another tourist visa, then apply in Australia for the intention to marry. We want to start out life together asap and are trying to figure a work-around. One that hopefully allows him to be here and to hopefully be able to work as well. As he wants to be an active contributor to our family and not just here on a tourist visa and not been able to work.

Thanks in advance for you advice and sorry for the lengthy message!
Hi sassyg and your situation is somewhat similar to sandy re her Aussie guy awaiting a divorce, so have a read of http://www.australiaforum.com/visas-...r-tourist.html if you haven't come across it with browsing.

Essentially, the Prospective Marriage Visas can only be applied for from outside Australia and then the applicant also needs to be outside to have it granted.
And though there may not be anything in the visa eligibility re awaiting a divorce there is a requirement re advising on date of intended marriage within the nine months period [ even if a little weird ] and that is where Sandy's Aussie Guy may have a roadblock.

I've suggested that a celebrant may be more flexible [ if they legally can ] in making a booking on the basis of intent while someone is still not yet eligible, however even if you found such a celebrant able to and prepared to make a booking and issue a letter as such, I'd be careful about doing it too far in advance for if you cut it too fine and there are hiccups and cannot get married within the time allowed, you blow the visa and fee, your partner having to quickly find another visa to stay.

If you live in the ACT, Victoria or Tasmania [ and NSW not far a way with it ] , there has been legislation for relationship registrations and Immi reconise those and thus a couple do not need to have a 12 months relationship, though still evidence.
Maybe it is something that would be applicable to your partner and you.

Alternately, is your partner qualified and experienced in a particular area for if so, another possibility would be to see if you can locate some employers who may be prepared to sponsor him.





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Old 03-07-2010, 12:12 AM
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Originally Posted by sassygirl View Post
Obviously there is alot of months between now and when i can legally marry, we are not sure if we should try and apply for an 'intention to marry' visa in the next few months as the time line will fit ok, if we take into account the 9 months to marriage clause. But i am not sure if they would accept our application as i am still technically married. my soon to be ex husband and i want a divorce asap, he lives overseas now, and we are frustrated by the 12 month waiting period.

Do you think we would need to wait till i am officially divorced to apply for the intention to marry visa? or is there any way we can work around it? eg can my partner come across on another tourist visa, then apply in Australia for the intention to marry.
Hi Sassygirl,

I think there is another alternative you should consider, and that is a de-facto visa. Search for my posts in this forum and you will see my thread. I am in a very similar situation with my partner right now, him still being legally married. I have spoken to DIAC and Migration Agents who say you can get the de-facto visa while still being married, you just have to show that you are comitted to eachtother and what you have/ will do to solve the marriage problem.

Hope this helps


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Old 03-07-2010, 01:47 AM
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Hi Sassygirl,

I think there is another alternative you should consider, and that is a de-facto visa. Search for my posts in this forum and you will see my thread. I am in a very similar situation with my partner right now, him still being legally married. I have spoken to DIAC and Migration Agents who say you can get the de-facto visa while still being married, you just have to show that you are comitted to eachtother and what you have/ will do to solve the marriage problem.

Hope this helps
An option Aussiegirl if you can meet the 12 months relationship requirement or get the relationship registered.
I've found also that it is legal to get an intent to marriage notice before one is divorced and posted that on Sandy's thread which I linked for sassyG.





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Old 03-07-2010, 11:36 AM
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Wanderer,

I realised after posting my reply that sassy didn't have enough time with her partner to satisfy the de-facto requirements. Then I got more egg on my face when reading sandy's thread Just as well this forum exists so that we can all put our heads together


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Old 03-07-2010, 08:36 PM
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Wanderer,

I realised after posting my reply that sassy didn't have enough time with her partner to satisfy the de-facto requirements. Then I got more egg on my face when reading sandy's thread Just as well this forum exists so that we can all put our heads together
It's no egg AussieG and if it was I'd be mistaken for an omelet or a pan of scrambled by now as I've learnt from others too for a good forum is all about learning from oneanother.
Cheers





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