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2nd defacto spouse application

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Old Jan 18th 2009, 4:02 pm
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Default 2nd defacto spouse application

In 2004 I successfully sponsored my then partner into Australia on a defacto spouse visa (granted in October 2004). We arrived in Australia July 2005, things didn't work out, we broke up and she left Australia in Feb 2006.

I am with my current partner (who is Irish) over 2 years and we are looking to move to Australia in 2010. I would be sponsoring her in as my defacto spouse looking to apply for the visa in November 2009 (over 5 years since first application).

Does it matter that I never contacted the Australian Immigration office to inform them of the break up and consequent departure of my first partner?

If so, should I contact them now?

I don't really have any information pertaining to the first application (except my passport number) so who would I contact and what information should I supply them with?

Thanks in advance.
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Old Jan 18th 2009, 4:11 pm
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Default Re: 2nd defacto spouse application

I'm assuming that DIAC must be aware that your ex left as they would have attempted to make contact with them in 2006 to start the second stage processing of the visa. If they haven't been previously notified then I'd assume they would have gotten in touch with you and/or your partner to find out why no response was made to the request for 2nd stage docs.

If your ex was granted PR at the outset then I don't think there's any issue.
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Old Jan 18th 2009, 6:05 pm
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Default Re: 2nd defacto spouse application

Originally Posted by thepoacher
In 2004 I successfully sponsored my then partner into Australia on a defacto spouse visa (granted in October 2004). We arrived in Australia July 2005, things didn't work out, we broke up and she left Australia in Feb 2006.

I am with my current partner (who is Irish) over 2 years and we are looking to move to Australia in 2010. I would be sponsoring her in as my defacto spouse looking to apply for the visa in November 2009 (over 5 years since first application).

Does it matter that I never contacted the Australian Immigration office to inform them of the break up and consequent departure of my first partner?

If so, should I contact them now?

I don't really have any information pertaining to the first application (except my passport number) so who would I contact and what information should I supply them with?

Thanks in advance.
Was your first partner on the temporary spouse visa or the permanent one when the relationship broke down?
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Old Jan 19th 2009, 4:08 am
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Default Re: 2nd defacto spouse application

Originally Posted by Pollyana
Was your first partner on the temporary spouse visa or the permanent one when the relationship broke down?
In all honesty i can't remember for sure.

I'm guessing it would have been the temporary one as we had only been in Australia 6 months (12 months since the original application) and isn't it two years before you can apply for the permanent visa?
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Old Jan 19th 2009, 2:36 pm
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Default Re: 2nd defacto spouse application

Originally Posted by thepoacher
In all honesty i can't remember for sure.

I'm guessing it would have been the temporary one as we had only been in Australia 6 months (12 months since the original application) and isn't it two years before you can apply for the permanent visa?
Sounds like it was probably the temporary visa in which case your partner should've informed DIAC that the relationship had broken up, and then the visa would've been cancelled. If your original partner was on a PR visa when the relationship broke up then there would've been no need to tell DIAC.

When the application goes in this time you will be asked on your form whether you have sponsored anyone previously, and the dates etc. Have a look at the form on the Immi site and you'll see what info they'll ask for.
As for whether you need to tell them now, I guess it wouldn't do any harm to write to them now and say that you don't know whether your (original) partner ever contact them, but the person left the country on XXX after the relationship broke down, and you haven't been their partner since that date. They'll have a record of the date of departure, but it might be as well to clarify that the relationship ended then, especially as you are applying for the new partner so close to the five years.
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