Green Grass

I validated my visa, and then a year later, resigned from my job, sold my house, booked flights..and then separated from my wife 4 weeks before departure. I appreciate there are a lot of people desperate to go and here is me with an unused visa. Sometimes life changes make it difficult for visas to be used and flexibility from DIAC is to be expected. I am fully aware that such flexiblity wont be forthcoming if I don't use my RRV by February 2014.

Pollyana

OK, the way I see it
1) You can move to Aus, live here, then sponsor her on a Pros Marriage Visa, marry within 9 months then she applies for a Spouse Visa.
2) You get advice from an agent as to whether you can sponsor her for an offshore Spouse Visa - I'm not sure you can as you are not on a PR visa, you are on a RRV.

Have you actually lived together for 12 months or more? You need 12 months of cohabitation, not just 12 months in a rel'ship.

And your second wife - how was she going to get here? Did you sponsor her in an application for a spouse visa?

iamthecreaturefromuranus

I stick by my view that if you're not here inside of two years then DIAC should cancel any skill visa. They don't.... but they should.

Green Grass

Thanks Pollyana.

Re Prospective Marriage Visa, I can't divorce my second wife until August 2012. Would this preclude me from sponsoring her on a prospective marriage visa until then? Presumably I would have to be in Australia with her in the UK when she applies?

We are living together but not for 12 months yet.

Re my 2nd wife, I arranged RRVs for me and my children and my 1st wife did her own RRV. The plan for my 2nd wife was to sponsor her but she changed her mind about going before I made her spouse visa application. Per your advice above, I may not have been approved as her sponsor as my PR had expired.

moneypenny20

Pretty sure you can't sponsor the new partner until you've been divorced from No 2 wife but as you have to have 12 month cohabitation with the new one before you can do de facto it doesn't really matter. Depending on when your RRV expires - lost track slightly, you need to be living here before that expires or there is no way you'll get another one as you've not lived here for 7 years so have no ties.

louie

Just out of interest, how did you (and everyone else) get a RRV when you apparently had no ties to Australia at the time?

Green Grass

Louie, I appealed to be better nature of DIAC on the basis of:

1. I split from my 1st wife just prior to moving to Australia. Under Scots law, where there are children involved, you cannot divorce for 2 years. My visa expired about 6 months after my divorce concluded. Less than 18 months after this, my second wife wanted to go so I applied for RRV for me on basis that me, my 1st wife, children and 2nd wife were all going to move to Australia (factually correct at the time).

2. My brother lives in Perth, married to an Australian and has children with her.

I applied for my RRV (as holder of original PR Skills Visa), my kids then got theirs as I'm there father had an RRV. Then my 1st wife applied on basis of kids having their RRVs.

Green Grass

Thanks Moneypenny. I will achieve 12 months cohabitation long before I can divorce 2nd wife and would have liked to have been able to sponsor my partner before then.

My RRV expires February 2014 and I understand this is my last chance to go. I'm sure I can't use divorce as an excuse a 2nd time.

Dorothy

Quite honestly, you're going to suck it up and decide what's more important - the new girlfriend or Australia. You're very unlikely to get another RRV and if you won't meet the criteria by 2014 (3 years from now btw) then you're not ever going to be ready. In the next 3 years you're going to be divorced and by that time will have the 12+ months of cohabitation necessary to sponsor whatever woman you're with.

Green Grass

Thanks Dorothy. I am determined to have settled in Australia before my RRV expires. Whatever my overly complicated personal situation (and I now know I can divorce in 2011), I hope to go down the sponsored route next year.

Green Grass

Thanks to all for the advice given on this post last month. Just to say that I've written to DIAC who have confirmed that:

1. I can sponsor my partner on a De Facto Visa using my RRV even though after 7 years of holding PR and my RRV I'm still to settle in Australia.

2. I can remain in the UK while my sponsorship and partner's De Facto is application is being processed (i.e. I don't have to have settled in Australia on my RRV to sponsor her)

3. I do not have to be divorced from my second wife to sponsor my partner on a De Facto Visa (but I would if I was sponsoring a Prospective Marriage Visa..which is logical).

We can now make plans without the need for separation during the application process.

moneypenny20

I'm very surprised by that, seems totally wrong to me, don't understand the reasoning behind it at all. Anyway, good luck.

Pollyana

Reasoning behind it (I'm told) is that a de facto visa doesn't lead to marriage, a Pros Spouse does. For a couple to live together they don't have to be divorced from previous partners; however one of the conditions of a pros SPouse Vusa is that the couple get married, therefore that visa can't be granted unless they are free to marry.

moneypenny20

I understand that bit but a de facto (to my mind anyway) shouldn't be available until you're free from another spouse. Good job I don't make the rules, isn't it?

JAJ

The problem is that some countries don't allow divorce, or the process is not possible in some cases.

If it reassures you, DIAC will most likely want to see evidence that the marriage is effectively ended and if a divorce has not been granted, they will want an explanation of why not.