Prospective Marriage Visa - Relationship ended

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Prospective Marriage Visa - Relationship ended

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Old 11-06-2010, 01:52 AM
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Prospective Marriage Visa - Relationship ended

Hi All,

Back in 2006 I applied for a prospective marriage visa for my then fiancé, she arrived in August 2007, our relationship ended on 15th December 2007, when she returned home.

Fast forward to today, my current partner is currently out here on a working holiday visa from the united states, this expires on March 13 2011, Because our relationship is going well we have decided to go down the path of applying for a defacto relationship visa for her, until we came across the 5 years between sponsorship clause..... Curve ball thrown at us!

As my previous relationship ended back in 2007, i was no longer sponsoring her, does this still apply in this situation?

If it helps or makes a difference, I am financially secure, with a C-Level position in a national company.

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Old 11-06-2010, 04:05 AM
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Unfortunately, the five year deal may apply but if you notified Immi at the time the PMV was not being proceeded with and the applicant left Australia it could make a difference.
Best thing to do is to raise it with Immi and they should be able to advise and if it does apply, also ask them the date for most regulations are related to date of application or grant and if both of those were in 2006 perhaps you are getting closer to the five years gap.
The other thing you need to consider is that a defacto partner visa does require a 12 months relationship and so if that is not fully achieved by March 2011 when the WHV ends, she'll need to do something to extend the time.
Does she have qualifications and is employer sponsorship an option?
Some of the US WHVs may have a restriction re that but if employer sponsorship is an option, she could look at taking a trip to NZ to apply from there.
Alternately, she may need to head to NZ anyway and come back on a visit with an ETA and then if after 12 months you both feel the same and five years is up, then you could apply.

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