jazzys

Hi guys, i thought i'd seek some advice on something.

Many years ago as a late teenager, i had a brief relationship with a girl in the UK. I now live in Australia and she is still in the UK. I'm 52 and she's 47.
I am an Australian citizen and she is in a marriage she plans on getting out of very soon.... She's suffered years of abuse and has had enough.

She found me on facebook and we've chatted for over a year now.

What would the chances ever be of her being able to marry, live and work in Australia. Obviously thats down the track a bit but we have both said how we feel about each other and it's definitely a possibility.

I just don't want to go down the path of her visiting and have a wonderful holiday here, only to be told she could never make the move permanent.

Thanks

geoff52

How else are you going to find out if you are the same people that you were all those years ago.
Why did your relationship with here not last all those years ago?
Maybe the same reasons will apply when you meet again. The brain has a habit of editing out memories over time.

jazzys

I think its fair to say we most certainly aren't the same people we were all those years ago. We were young, daft and played the field.

Since we have started chatting and writing, we have discovered that theirs a real connection that we'd both love to take further....

We're both pretty certain we'd get along like a house on fire. I know she'd end up feeling the same as most of us do when we leave for a life in another country, but we're confident we can handle it.

The fact is i don't know IF we could make it permanent, and thats my question..

Regards

Dorothy

There are a few ways to do it. First, she can come on a holiday for a few months and see how it goes . If things work out after a while then you look at ways to satisfy the 12 months cohabitation to qualify for a defacto visa. You can do this by her living with you while she's here then you going to the UK with her after her visa runs out, or go on an extended holiday, just to get the 12 months. Once you have evidence of that you apply. (This is the one I would recommend. Get to know each other and see how it goes before committing to an international move)

Second would be for her to qualify for a skilled visa in her own right. What does she do? What qualifications does she have?

Third would be for her to find an employer willing and able to sponsor her for a 457. Once here she moves in and you start accumulating the 12 months for the defacto visa.

Last is that you go back to the UK and live with her there. Once you have the required time together you apply.

verystormy

If your state recognises relationship registration then that can negate the 12 month period of living together.

Pollyana

There is also the option of a Prospective Marriage Visa -she applies from the UK it gives her 9 months to move to Aus, marry you and then apply for a Spouse Visa on the grounds of marriage.
She can visit as a tourist while waiting for it to be granted.

Whatever route you choose, start saving everything, now, any contact between you that shows the previous relationship, and shoes how it is developing now.

Dorothy

She's still married, Pol.

Pollyana

Which also means the "registered relationship" won't work. They have to resolve the existing marriage first.
She won't qualify for Skills either unless her existing partner agrees to meds and police checks.

teza

Also annuls your advice of 12 mths of living together doesn't it?

BritInParis

I won't comment on the relationship aspect, but in terms of the basic immigration procedures, the following is the cheapest and easiest way to proceed:

1. Finalised the divorce.
2. Travel to Australia on a visitor visa (subclass 601/651).
3. Get married in Australia.
4. Apply in Australia for a subclass 820/801 Partner visa.
5. After four years apply for Australian citizenship.

If she's a British citizen then applying for a subclass 300 Prospective Marriage visa is an unnecessary added expense as obtaining a visitor visa to marry in Australia is free of charge and usually automatic.

Pollyana

Just gives them a little longer to get to know each other before taking the plunge

BritInParis

No comment!

Dorothy

I don't know if it does. I thought you could be legally separated but defacto with a different partner. Certainly you can be according to the family court of WA

BritInParis

Each state and territory has its own requirements regarding registered relationships and they vary quite widely. You can be in a de facto relationship and still be married to someone else according to DIBP however.

Dorothy

You can or cannot according to DIBP? If you can then that's good news for the OP and his girlfriend.