Defacto Visas

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Old Mar 12th 2012, 10:27 pm
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Default Defacto Visas

Hi Peeps

Just a quick question, my friend was in Melbourne on a PR visa she brought her partner and kiddie with her they have been there 4 years she was the main applicant but her partner walked out over a year ago and is now living in Perth with his new woman.

Anyway she has met a new partner well she known from a long time ago and he has been out to Oz to see her for a 6 month holiday and they are hoping that he can move out there permanently as her defacto, would this be possible
I know I read somewhere that if a partner/spouse walks out and abandons his/her children then there can be a second defacto visa applied for before the 5 years period that they usually have in place.

Sorry for being so long winded any advice would be appreciated.
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Old Mar 12th 2012, 10:47 pm
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Default Re: Defacto Visas

You mention she was the main applicant, which suggests they came on a skilled migrant visa. If this is teh case, she actually has never sponsored anyone for a partner visa and there would be no restriction upon her doing so now (subject to meeting the requirements of course).
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Old Mar 12th 2012, 10:48 pm
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Default Re: Defacto Visas

Originally Posted by ireland
Hi Peeps

Just a quick question, my friend was in Melbourne on a PR visa she brought her partner and kiddie with her they have been there 4 years she was the main applicant but her partner walked out over a year ago and is now living in Perth with his new woman.

Anyway she has met a new partner well she known from a long time ago and he has been out to Oz to see her for a 6 month holiday and they are hoping that he can move out there permanently as her defacto, would this be possible
I know I read somewhere that if a partner/spouse walks out and abandons his/her children then there can be a second defacto visa applied for before the 5 years period that they usually have in place.

Sorry for being so long winded any advice would be appreciated.
Defacto visas are for people who have lived together as spouses for 12 months or more. If he's only been living with her for 6 then they don't qualify. If they plan to marry he could come on a prospective spouse visa. However they would need to marry within a certain time frame and his visa would be temporary for the first 2 years. If they remain married then after that time he applies for a permanent visa.

Your friend's ex-partner was not sponsored for a defacto visa if he came on her skills (175/176). He was a secondary applicant, which is completely different and has no bearing at all on her sponsoring a new partner.
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Old Mar 12th 2012, 11:12 pm
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Default Re: Defacto Visas

Bermudashorts/ Dorothy thank you for the replies, my friend was on a RSMS visa which is a PR visa she was under the impression that her ex was sponsored on her visa in some way
Yes I think further down the line they may well apply for a PMV.
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Old Mar 12th 2012, 11:26 pm
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Default Re: Defacto Visas

Originally Posted by ireland
Bermudashorts/ Dorothy thank you for the replies, my friend was on a RSMS visa which is a PR visa she was under the impression that her ex was sponsored on her visa in some way
Yes I think further down the line they may well apply for a PMV.
No he was not sponsored by her in any way.
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Old Mar 12th 2012, 11:28 pm
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Default Re: Defacto Visas

Thanks Bermudashorts , its appreciated
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