paul100

Hi all,

I am a UK citizen.

I am currently in a De Facto relationship with my Australian girlfriend, and have been since April 2004, so we are not really worried about meeting the 12 month evidence rule.

We do however have a problem, I am still currently married, I have been separated from my wife (amicably) for 18 months, but in the UK you have to wait 2 years to be eligible for a divorce. We were married in July 2001

Does anyone know if it is possible to apply for a de facto visa while you are still married to another person??!!??

Has anyone had any experience with this before?

All help is much appreciated.
Thanks in advance
Paul

moneypenny20

Can you not wait? Start getting all the documentation stuff together, wait another six months, if it is an amicable divorce should be quite straightforward then apply for the visa. You will have more than the 12 months and more proof of the relationship. The visa should come through quickly if you front load. Give you more time to save money etc - you could be out there this time next year.

paul100

Hi,

We dont really want to wait. We would like to get back to Oz ASAP for a number of reasons. Of course if we have to we will, but I was wondering if anyone has done it before. (And what is Front Loading?)

Thanks
Paul

moke

Front Loading is when you send in your medicals and police checks with your application and before DIMA ask for them. This can speed things up if your application is uncomplicated but it can also give you problems (retaking medicals and police checks with associated costs if the application drags on).
Dean

moneypenny20

De facto's don't tend to drag on, generally approved within a week or so. DIMIA usually request that spouse ones frontload as it saves them time their end.

OP sorry don't know the proper answer. Have you rung one of the good agents up - they will give first consultation free and should give you a better idea.

moke

Mine took 6 months. DIMA were advising frontloading then as well and they came unstuck when many applicants around that time had to retake medicals and pc's when simple applications took anything up to 9 months, complicated ones took longer. Sure, today it takes a week and if you submit your application today, no problem. But if you leave it a while, be sure to assess the current timescales before frontloading.
Dean

VintageKitten

Hi Paul,

I just applied for my de facto spouse visa, and remember reading that you cannot be married (even if you're separated) when you apply.
I think I saw this on my 47sp application, I will try to find the exact place I saw it...

Cat_Harrison

I'm currently applying for a De Facto Spouse Visa, and I'm under the impression that you can't already be married when you are sponsoring/being sponsored of a De facto Spouse visa.


I'm pretty sure you would have to be divorced 1st.


Best of luck anyways

Cat xXx

JAJ

My understanding is the opposite - if you are legally married to someone else then you obviously can't get married, so can't go for a spouse visa on normal grounds, and you can't go for a fiance visa either.

However you can go for a spouse visa on de-facto grounds. DIMIA will want to see evidence the existing marriage has ended permanently and if a divorce is not final, they will want to know why not.

Jeremy

Cat_Harrison

Thanks for putting me straight

possoms

Hi Paul unsure of the married bit only that my partner is divorced and he had to send his divorce papers with application.

on the evidence of defacto side, start (if you havent already) collating as much as poss, household bills with both names on, joint bank accounts holiday receipts, medical cards showing you as next of kin, party/wedding invitiations for you both etc.

good luck

PINOYAU

The short answers to your questions are, yes and yes.

Westly Russell
Registered Migration Agent

paul100

Thanks for all your help on this question. It also says you can apply when legally married on the IARC website. You just need to be are permanently separated.

It may just be a silly question, but what to you think is the best way to prove we are permanently separated and a divorce will happen when it can? Isn't the fact that I live with someone else enough?!?

Do you think a stat dec from my separated wife will help?

All info much appreciated.
Thanks
Paul

PINOYAU

The information on the IARC website is correct. The evidence required to satisfy DIMIA that your de facto relationship is genuine is the crucial issue and what will be required depends on the facts of your case. I suggest that you thoroughly familiarise yourself with what DIMIA requires as evidence of your relationship with your partner and its duration [eg. evidence of living together, joint assets etc, - see Partner Migration booklet 1127 for examples]
Do not make any claims that you cannot support by documentary evidence. If you are not 100% sure about what you are doing seek professional assistance.

Westly Russell

Pollyana

A solicitor can draw up a document stating that you are legally separated - my parents did this as they did not actually want to be divorced (religious reasons) but wanted to be free to live separate lives. Its a legally binding document that states the people involved are no longer living as a couple, yret it does not go as far as divorce.
Speak to a good solicitor that deals with divorce cases, they should be able to help.