can I apply for de facto visa..?? plz suggest

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can I apply for de facto visa..?? plz suggest


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Old 03-24-2010, 06:38 AM
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can I apply for de facto visa..?? plz suggest

hi all.. ,

I am an indian and my boy friend is having australian citizenship , our marrig was fixed by our parents in sept 2008 whn we all met in a family function but sinc i was pursuing my studies that tym.. so we didnt tlkd up to april 2009. after completion of my final exam .. v strted tlking on phn for hrs.., chatting for hrs.., and sending gifts and cards... and all that., we are planning to get marrid by end of this yr. only and after that i wish to mov australia with him.., but the main issue is that he was once marrid b4 2 and a half yrs in australia although he is not having any contact with that girl from last 2 yrs so. he cant tak divorce yet........,

Now my qus is can he sponsor me..?? can i apply for de facto visa...

any suggestion is appreciated.....

celesty


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Old 03-24-2010, 08:06 AM
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Hi celesty

It is possible to get a de facto visa even if one person is still legally married. I have a thread on the issue, so if you search for my name, you can read it.

Basically, you will have to prove that you and your partner are in a committed relationship. But the problem for you two is the distance - you have not lived together for at least 12 months, which is one of the requirements for a de facto visa. You may be able to get special consideration on this, since in Indain culture living together before marriage is taboo. I suggest you talk to someone at your nearest Australian embassy, or at DIAC in your partners city in Australia.

It may be better for your partner to start the divorce process now. Divorce is very quick and simple in Australia. He is a citizen, so he can use the Australian courts to do it. If he and his ex had no kids, it will be quicker, and they do not have to even go to the court to do it. There are DIY divorce kits available for a few hundred dollars, so your parter can file the papers himself. It only takes a couple of months, and even if he can't contact her, the divorce can still be granted. Look at this link for more information:

http://www.familylawcourts.gov.au/wp...for+a+divorce/

If he can get the divorce before you plan to get married you will be able to get a fiance visa. And if he can't get the divorce before your planned wedding day, at least it will show immigration when you apply for a de facto visa that you have a strong committment to eacother, and that his relationship with his ex is ending.

I am in a similar situation to you, so I can understand your feelings. If you have any more questions please come back to the forum again


Last edited by aussiegirl; 03-24-2010 at 08:17 AM.

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Old 03-24-2010, 04:07 PM
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hii aussiegirl thanks thanks thanks alot.. for ur rply..

there are many questions that i want to ask..,

although we hav not lived together as u know that its not possible in my country but we are having hundreds of our pics... joint accounts .., letters..., greetings ..,bills.. telephn records..,emails..., our pevious chats ...., declarations made by more thn 50 of our family members & friends.., and many more things for proving our relation ship.... are they not sufficient to prove that our relationship is genuine ..??????

care to rply...
thanks....
celesty


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Old 03-25-2010, 06:19 AM
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Hi again,

I understand your feelings for eachother, and can see you really want to be together, BUT I am not an expert, so I can't say whether you are guaranteed to get the de facto visa or not.

I suggest you get help from a Migration Agent who can help you plan your application and give advice about how to present your case. Look at this site:

Migration Help - Powered by vBulletin

It's another immigration forum, but this one is run by Migratin Agents who could give you some free advcie. If you decide to use one of them, they will give you a much cheaper price because you found them through that site. One agent I recommend is Robert Kandralingam Chelliah, who has years of experience with cultural issues and couples getting visas, so he would be of great help to you. He also has a website:

Welcome - Australian Migration Agents

I hope this helps you. As I said, even though I believe you have a good case, it is a diffucult one that needs to be handled carefully, and I think you need to ask immigration directly, or get help from an agent.


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Old 03-25-2010, 08:09 AM
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oki..

thanks again...

will inform soon..
celesty


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Old 03-28-2010, 07:59 AM
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cant he sponsor me b4 taking divorce..?????
care to rply thanks
celesty


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Old 03-28-2010, 10:10 AM
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Quote:
Originally Posted by celesty View Post
cant he sponsor me b4 taking divorce..?????
care to rply thanks
celesty
People who are married can be a sponsor but he as a sponsor and you as an applicant will need to show Immi that your culture is such that they would look at waiving any eligibility requirements not met.

There are a couple of issues you bneed to address:
First, you've stated
Quote:
we are planning to get marrid by end of this yr. only and after that i wish to mov australia with him..,
So it may be clearer for him to get his divorce first.
Where Immi take i nto account cultural differences, it is usually in reference to an arranged marriage not having the preceding relationship common to other marriages.

So one way or another you need to assess just which process is going to be better for you, that only being achieved by having a close look at Immi requirements.





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