Defacto Visa + Deportation

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Defacto Visa + Deportation


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Old 06-27-2011, 05:58 AM
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Unhappy Defacto Visa + Deportation

Hi there,

I am new here and have looked through a few threads but havn't really found anything to help, so sorry if this is already posted somewhere!

My partner was deported a few weeks ago, we had to go back home for a funeral and he was pulled aside at the airport and questioned for 3 hours. He was on a student visa but didn't go to school.

He now has a 3 year exclusion from Aus. We were told by the immigration officers at the airport that we would be able to apply for a defacto visa and that would be the only visa that could bring him back within 3 years. I wanted to know if anyone knows if this is true? They said it had to be a permanent visa however as I understand the defacto visa is only temporary residency?

To make matters worse, he is legally married with 2 kids. He and his ex have been separated for 3 years this december but in their country cannot get divorced unless they have been apart (and can prove it) for 4 out of 5 years. And this woman has no intention of helping him with his visa application (i.e. writing a letter that they are no longer together etc)

I have a feeling this is going to take a while so I am moving overseas in August. But would love to know if there is anything i need to get in Aus before I go. And more importantly if we have any chance of applying for a defacto visa in the next few years???

Sorry for the long post, Thanks to anyone who can help!!


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Old 06-27-2011, 07:24 AM
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Hi there,

I have read one other poster talk about partner visa applicants not being affected by the 3 year exclusion, so that seems right.

As for how to prepare for the de facto visa, you need to read the information on the DIAC site about, as well as the stickies we have in this forum about it.

Legally, if he is seperated he can still be eligible for a de facto visa IF you meet the requirements. Mainly, you have to live together for at least 12 months before applying, and you have to proove that his relationship with his ex has ended and that he is committed to his relationship with you. The big concern may be his kids. If he wants to bring them to Australia, he has to get a letter from his ex giving him permission to do so. If she is not cooperating, it will be hard for him to fulfill the health requirements, as even non-migrating kids and other dependents have to have a medical as well as the applicant.

I would also consider using a migration agent to help you prepare your case. They are costly, but will be able to give you professional advice about applying.

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Old 06-27-2011, 07:32 AM
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thanks aussiegirl.

We will meet the requirements for the visa, we were getting everything ready for it already, been living together for 12 months, and even if we have to live together for a few months first it might make our application stronger??
we were planning to lodge the application at the end of the year. (just didn't get to it in time!)

May be easier now that he is over there so he can get the kids the medicals! He isn't bringing them with him, they just come out here for holidays.

Thanks so much, its a relief hearing from another source that it should be ok even with the exclusion.


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Old 06-27-2011, 07:39 AM
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Talk to this guy:

http://www.australiaforum.com/visas-...ps-others.html

His partner just applied for a PMV even though she had a 3 year exclusion. Maybe he can talk to you in more detail about it

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Old 06-28-2011, 06:23 AM
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Immigration

Quote:
Originally Posted by xomox View Post
Hi there,

I am new here and have looked through a few threads but havn't really found anything to help, so sorry if this is already posted somewhere!

My partner was deported a few weeks ago, we had to go back home for a funeral and he was pulled aside at the airport and questioned for 3 hours. He was on a student visa but didn't go to school.

He now has a 3 year exclusion from Aus. We were told by the immigration officers at the airport that we would be able to apply for a defacto visa and that would be the only visa that could bring him back within 3 years. I wanted to know if anyone knows if this is true? They said it had to be a permanent visa however as I understand the defacto visa is only temporary residency?

To make matters worse, he is legally married with 2 kids. He and his ex have been separated for 3 years this december but in their country cannot get divorced unless they have been apart (and can prove it) for 4 out of 5 years. And this woman has no intention of helping him with his visa application (i.e. writing a letter that they are no longer together etc)

I have a feeling this is going to take a while so I am moving overseas in August. But would love to know if there is anything i need to get in Aus before I go. And more importantly if we have any chance of applying for a defacto visa in the next few years???

Sorry for the long post, Thanks to anyone who can help!!
Hi and welcome to the site,

Sorry to hear of the problem with deportation and hope it is resolved quickly. Hopefully there are some members here that can give the information you need.

Do keep up all up to date on whats happening and how it works out.


Gene


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