De Facto visa and prenuptial

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De Facto visa and prenuptial


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Old 11-26-2010, 04:11 AM
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De Facto visa and prenuptial

I would like to sponsor my partner for residency under de facto relationship but I am concern about legality aspect of it.
Could anyone advise the consequences of such sponsorship in the event of separation? I do not wish to do prenuptial agreement unless necessary. Any recommended lawyer to provide professional advices with regards to prenup?
Thanks!


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Old 11-26-2010, 06:11 AM
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Hi there,

If you sponsor someone for the de facto visa, you have a responisibilty to tell them if the relationship breaks down, whether this happens during the consideration process of the visa or after is has been granted. The de facto is a two-stage visa, including both the temporary two-year visa and a permanent five-year visa. Therefore, you have an obligation to tell DIAC if there is a breakdown at any point after an application is lodged since the relationship is reviewed before a permanent visa is granted.

If you are worried about legalities at this point, I wonder if the relationship is indeed long-lasting. That's not to say you should not be prepared for hardship, as the partner visa application process is very stressful for both parties. But DIAC is a seperate body, and so whatever decisions it makes about whether you are truly de facto or not is only made for the purposes of immigraton, and are based on immigration law. They are not going to register your relationship legally with another government body, which is something you are responsible for if you wish to protect your rights that way prior to lodging a visa. Right now, registering of relationships is only possible in 3 states. Which state are you in?


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Old 11-26-2010, 08:59 AM
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If you're not too familiar with eligibility requirements and the application process you may want to check first what is involved in showing eligibility and you can do that by having a look at the relevant visa eligibility section via Family - Visas & Immigration

Not having a prenuptial agreement will likely have minimal effect on whether a visa is to be granted or not and in fact could be seen by some as a negative in regards to commitment.
If a separation occurs while a visa holder is in the TR stage, unless the person can make a substantial case the visa will be cancelled and they would be required to get another visa or leave.
If it occurs after PR has been granted, there is no effect and the person has permanent residency and can stay in Australia as any PR can.





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Old 11-27-2010, 07:17 AM
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sorry I did not make myself clear. my point is whether my partner can claim my assets in case of separation as the result of the PR sponsorship. It might sound pessimistic but I prefer safe than sorry.


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Old 11-27-2010, 09:33 AM
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That'll be a legal situation entirely separate to any immigration issue and the outcome would be as may be decided for any relationship.





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