Tricky situation..

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Tricky situation..


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Old 04-13-2010, 02:07 PM
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Tricky situation..

Hi all,

Ok so this is the situation, my partner is here on a marriage Visa, the relationship has long been dying and the husband is removing her from his Skilled Migrant Visa. She is currently in Australia and is travelling overseas for 2 weeks from tomorrow and will be getting a divorce while over there, then coming back to organise her affairs.

My question is: -

Is there anyway I can apply for a Fiance/De-facto/Marriage Visa while she is still in the Australia in such a way that she can stay?

I looked up on the Immigration website and it looks like she could get a Bridging Visa whilst we apply for one of the above Visa's. Would this be the way to go about it or does she have to move back home and we will have to apply for a fiance Visa to get her back over here?

Thanks for any help you can offer!


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Old 04-14-2010, 04:49 AM
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Hello there,

When you say she is getting a divorce while she is back home, does that mean applying for one, or does that mean it has already been filed and she is now going back for the final hearing? I ask this because when she the divorce decree comes into effect will affect which subclass of the partner visa you can apply for.

Right now, you could apply for a de facto visa even is the divorce hasn't been finalised. I have a thread on that topic if you search for it. If the divorce is going to finalised soon, you could apply for a fiance visa because it's possible to get a notification of intention to marry in Oz. before a divorce is finalised. There were a couple of threads on this issue too possibly last month, one of them is here:

http://www.australiaforum.com/visas-...tourist-2.html

You are right about the bridging visa. If you apply onshore in Oz for a partner visa (de facto), and her current visa runs out before a decision has been made, the bridging visa will keep her in Oz on the same conditions as here current visa until they finish processing the visa.

Whichever path you go down, start collecting evidence to support your application now. I would also call immigration or go down and ask them what to do. The hotline in Oz is 131 880.


Last edited by aussiegirl; 04-14-2010 at 05:01 AM.

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Old 04-14-2010, 06:20 AM
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Quote:
Originally Posted by cstahlhut View Post
Hi all,

Ok so this is the situation, my partner is here on a marriage Visa, the relationship has long been dying and the husband is removing her from his Skilled Migrant Visa. She is currently in Australia and is travelling overseas for 2 weeks from tomorrow and will be getting a divorce while over there, then coming back to organise her affairs.

My question is: -

Is there anyway I can apply for a Fiance/De-facto/Marriage Visa while she is still in the Australia in such a way that she can stay?

I looked up on the Immigration website and it looks like she could get a Bridging Visa whilst we apply for one of the above Visa's. Would this be the way to go about it or does she have to move back home and we will have to apply for a fiance Visa to get her back over here?

Thanks for any help you can offer!
I think you need to address what you can do by a process of elimination, ie.
. Unless you and your partner have evidence of 12 months together you would need to be either married or have a relationship registered [ possible in ACT, Vic. or Tassie for now ] and both will not be possible until your partner is divorced.
. That possibly only leaves a PMV for your partner and she has to be overseas for that.

There are a a couple of other issues you/she may also want to consider:
. Your partner's husband may find it is not such a straightforward process to have her removed from his visa, though he can register the situation.

. Depending on how long she has been in Australia, Immi may give consideration to allowing her to stay and she should definitely be seeing Immi separate to his own intended contact.

It may be in your joint best interests to string the separation/divorce process out as long as possible if that will assist her stay in Australia long enough for you to get 12 months together as it is unlikely that her visa will be rescinded while she is still married.

It is also unlikely that she would be deported the very day following a divorce and though an official departure notice period of 28 days is normal, with the time for administration etc., it is likely in practice to be quite a bit longer and rather than an irreversible advice to depart, she could initially get served with something along the lines of advice as to what policy is and that without applying for another visa, a notice to depart would be issued.

So if marriage is a strong intent, you may have time to lodge the month's notice to get married and submit a partner visa if she is not allowed to stay independently by Immi.

The other approaches you may want to consider is for her to apply for a tourist visa to give extra time though they can have a No Further Stay condition and that would further complicate matters, and thus a quick trip over to NZ to get an ETA - Electronic Travel Authority (ETA) - Online Applications may be a possibility if she wants a break there and then extra time to see Australia [ you need to have reasons for entry consistent with the purpose of a visa or face risk of having entry refused ] .

Also, if she has a skill at all, is even in the workforce now, it may be possible that she has an employer willing to sponsor her or she can find one.





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