reddragon81

Hi all,


My friend Mike (from UK) has been in a relationship with his girlfriend Sue (also from UK) for the last 25 months (2 years and 1 month); Mike has also been a dependant on Sue's student visa for the last 13 months (1 year and 1 month).

Sue is going to apply for Permanent Residency next week, and she has an occupation on the CSL, so she will be processed in a relatively short period of time.

Once she gets her Permanent Residency, what kind of visa will Mike get?

Pollyana

If she lists him as her de facto spouse he will also get a PR visa. It wouldn't be a spouse visa though, it'll be a PR visa of the same class that she gets.

reddragon81

Oh, so let's say that Sue is very lucky, and gets her PR next week. By having listed Mike as her de facto spouse, from what you say Mike would get PR as well, right? What happens if the day after getting her PR, Sue comes back home and find Mike in bed with another girl and decides to leave him forever? Is the unfaithful Mike going to loose his PR?

Pollyana

No,because he will have been granted permanent resdency - as long as the relationship was proven to be ongoing when PR was granted, and they had te intention of staying together.

reddragon81

ok, thanks, i see.

Is that because mike had previously been a dependant on susan's student visa for a year already? Or it would be the same even if Mike had never been a dependant on sue's visa and it was the first time that Sue listed Mike as a spouse de facto when she applied for PR by proving evidence that they have been living together with b.statement, pictures, rent together, etc.?

reddragon81

im aksing this because in another topic you told me that he would have been granted a Temporary Spouse visa that last for 2 years... so i am a bit confused

reddragon81

quoting your post

"A de facto visa is for couples who are in a de facto rel'ship - living as a married couple, but not actually married.

Whether your girlfriend is PR or a citizen is irrelevant. Unless you have been together for more than 5 years (2 if you have kids) then you will have a temporary spouse visa for the first two years, moving to PR after that as long as you are still together."

Pollyana

If Sue applies for PR, and lists him on her PR application as her de facto spouse, then he will get PR as her de facto spouse.

If Sue ALREADY HAS PR, and he applies for a de facto visa, then he would get a temporary spouse visa for two years, which becomes permanent after two years if the relationship continues.

It depends on whether she has PR and is sponsoring him (de facto visa) or is applying for PR and including him (this is NOT a de facto visa, it is a PR visa with him named as her de facto partner)

See the difference?

reddragon81

now is transparent like the water
thanks :-)

Bernieboy

Might lose his nuts though

Pollyana

No problem

Pollyana