Scott37

Not sure if I'm posting this in the right section so I aplogize if I did.
I met a woman a few years ago who lives in Australia.I moved down their to be with her.After being their a few months we decided to get married.I was granted a Temporary Spouse VISA(I believe that what it was called).Anyway,things didn't work out & I informed DIMA that things weren't going well and that I was going to move back to the USA.I moved back to the States about 2-3 months shy of getting my Permanent Residental VISA.
The thing is that I really loved living in Australia and would like to move back down their.Am I still able to move to Australia even though my wife & I aren't together any more?
BTW-I was living in Australia since Feb. 2001 & moved back to the US at the end of Nov. 2002.

JAJ

You should probably get professional advice to find out the exact status of your old visa and application. However it's likely your temp spouse visa has expired and and the associated PR application has long since been refused.

This doesn't mean you can't migrate back to Australia but will probably have to qualify for a new visa on the basis of your skills.

Jeremy

Scott37

Would I have to contact DIMA to find out about the status?

Scott37

I forgot to include one other thing.She hasn't filed any type of divorce papers & I read that be AUS. law you need to be seperated for a year and a day and we've been seperated longer than that.So I'm guessing by AUS.law we're still legaly married.If her & I do get back together & she hasn't filed for a divorce does that mean I can re-apply for a spouse VISA or not?

JAJ

The fact you're not legally divorced is irrelevant - if you're separated you can't migrate as a spouse.

You do need to contact DIMIA to find the exact status of your old application. You might even need to file a Freedom of Information request to get the file.

You could also read the details on the visa label in your passport.

Irrespective of what you do, it's highly likely you can't migrate back to Australia as a spouse - you'll need to qualify on some other basis.

If you need more detailed or specific advice, you've got to hire a professional, but don't do so in the hope that a professional will be able to sort out your spouse visa situation as that sounds to be beyond hope.

Jeremy

Scott37

I really appreciate all your advice.
Thank you

Scott37

I read the VISA in the back of my passport and here's what it says-
"Holder(S) must not arrive after notification of decision on,or withdrawal of,application for Partner (Residence) VISA.Permitted to enter and remain in Australia until notification of decision on,or withdrawal of,application for Partner (Residence) VISA.Multiple travel."