Defacto Visa-Still Legal Married to someone else

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Defacto Visa-Still Legal Married to someone else

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Old 12-11-2010, 12:31 PM
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Join Date: Oct 2010
Location: Wales UK
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Red face Defacto Visa-Still Legal Married to someone else

Im sponsoring my BF we were planning on sending the application off early Jan then we have been living together 12months. We thought his divorce would have been finalised by now but we only just got the decree not the absolute.

Do you think we should wait for the full divorce or send it off with a copy of the court papers for the decree so they can see it is in the process.

Ive been living in the UK for 8 months and I just desperatly want to get back to Australia.

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Old 12-11-2010, 08:27 PM
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Join Date: Jul 2010
Posts: 52
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Hi, if you're applying for a defacto visa - you only need to convince DIAC :
- that you partner's marriage is permanently over
- you have lived together for more than 12 months

There is no tick box that says "must produce decree nisi / absolute".

My random thoughts about emigrating to Australia ::

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Old 12-13-2010, 05:56 AM
Join Date: Dec 2009
Posts: 895
Users Flag! From australia

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Hi Hawks,

I put up a post last year about this very issue. It created a lot of interest, and I got some replies from a migration agent who added some very useful tips. You can read about it here:

Especially since the divorce is almost final, you should have little if any problems showing DIAC you were both devoted to eachother while the marraige was still legal. And yes, whatever letters or documents you have from the court/ lawyers mentioning ongoing procedures and a decree nisi is usefull too to show the efforts made to end the previous relationship.

Good luck

Last edited by aussiegirl; 12-13-2010 at 06:01 AM.

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