donovandenese

In early 2011 my father was granted a contributory parent visa (both his daughters live in Australia, one is an Australian citizen, the other a permanent resident). At the time the visa was applied for and granted he had been separated from his wife for around a year and was in the process of going through a divorce. His wife at the time was mentioned on his application form as required, but it was clearly stated that she would not be joining him in Australia. This divorce has now been finalised.

When the visa was granted there was a "must not be married" condition on the visa grant, stating that my father must not be married when he entered Australia to validate his visa. My father validated his visa in 2011, when his divorce had been finalised, but had to delay his permanent move to Australia as his elderly parents were unwell and he needed to stay in the UK to move in with his parents and care for them. It has now been around 2 and a half years since my father validated his visa in 2011, both his parents have passed away and he is now able to make the permanent move to Australia. However, during this 2.5year period my father has remarried and his new wife would like to join him in Australia.

Am I correct that my father will be unable to sponsor his wife for a spouse visa until 5 years after the date his visa was granted? It seems that he has been caught by legislation brought in to close the split family loophole in 2009, although his scenario is in no way trying to take advantage of this as he was married to a different person at the time he applied for the visa. Are any exceptions given to this 5 year rule for contributory parent visa holders wanting to sponsor a spouse?

alternatively, could his wife come to Australia on a 12month tourist visitors visa and then apply for the spouse visa when the 5 year waiting period finishes?

TeeTMI

You have not read the legislation correctly.

donovandenese

Can you explain what I have misunderstood?

DaveandLinda

Have a look at page 15 of the Partner Visa booklet on the DIBC website which states:

If you are a current or previous contributory parent category visa holder:
If you have been granted a permanent contributory parent category visa on or after 1 July 2009, you are unable to sponsor a person for a partner or fiancé(e) visa for 5 years from your visa grant date if you were in a married or de facto relationship with that person on or before the date you were granted the contributory parent category visa.

As this does not apply to your father's new wife I would think that he is able to sponsor her for a partner visa.