BritInParis

You can although the normal rules regarding evidence of 12 months of de facto relationship still apply.

Dorothy

Right. But she can rack up the requisite 12 months anf apply for defacto even if not divorced , which is what I had suggested. I'm glad to see that I hadn't steered the OP in the wrong direction.

BritInParis

Indeed. She would obviously need a visa to live in Australia for that period though or have a registered relationship certificate. As mentioned the rules vary considerable and the OP would need to check whether their relationship could be registered before the divorce is finalised.

jazzys

Thanks guys, for the record, i'm in Queensland.

Can her and i rack up the 12 months cohabiting here in Australia?
Because i work i don't think i'd be able to go and spend any length of time in the UK without giving up my job......thats something i really don't want to do.

Cheers

BritInParis

Queensland doesn't allow someone to enter into a civil partnership if they are already married or in a civil partnership so that option is ruled out until her divorce is finalised.

You can do but she'll need to apply for a 12 month subclass 600 Visitor visa which is more heavily scrutinised than the usual 3 month options for British tourists (subclass 601/651). She'll need to provide evidence of funds and ties to the UK. This might be difficult given she is divorcing her husband.

You may wish for her to visit you for a shorter period, say three months, and see how it goes. If it's something you both wish to pursue then she can return to the UK, finalise the divorce, return to Australia and then marry/enter into a civil partnership and apply for her to stay on as your spouse/partner.

jazzys

Thanks guys, would she be able to work on the subclass 600 visa?

It appears to be the only one that allows her to be here for 12 months.

The fiance visa looks like its 9 months which would mean we couldn't rack up the 12 months co-habiting requirement...

McDoosh

Dorothy

No she can't work on a tourist visa. She could apply for a working holiday visa if she's under 31 though.

SoCalDon

I arrived in Australia four years ago on a 12 month tourist visa but, when I checked the terms of the visa, it allowed multiple entries into the country and the 12 months started again after each entry. I managed to get 23 months out of my 12 month tourist visa which gave us ample time to prove our 12 month de facto relationship.

I cannot say if today's 600 visa still allows multiple entries.

My original plan was to come here on the tourist visa for 12 months and hope that it would be enough to satisfy the de facto relationship but I was told on this site (quite rightly) that I would be on very dodgy ground since I was here on a tourist visa and, all of a sudden, would be applying for a completely different visa and telling a different story to the one I told to get my tourist visa.

Thankfully, we had been living together for 23 months and my partner visa went through without any issues.

Best of luck.

BritInParis

No work is permitted as a visitor. A subclass 300 Prospective Marriage visa doesn't require you to cohabit for 12 months as you will be applying for a partner visa based on your marriage, not de facto relationship. It's not an option however until the divorce is finalised as you would both need to be free to marry.

carcajou

Sorry to throw cold water on this McDoosh, but is she committed? Finalising the divorce would be an excellent way for her to demonstrate that.

If she isn't willing to divorce the husband, watch out. You are not asking for problems, you are begging for them.

jazzys

Thanks guys,
The lady is commited as far as anyone can be moving to a new country. None of us really know how we will cope until we try it. But at least she'll have my support and thats more than i had when i arrived with no job, no home and a ten year old boy under my wing.

She wouldn't move here until the divorce was finalised, i'm just kinda trying to work out exactly what things need to be done for when the time comes.

Thanks a million

McDoosh

xizzles

It might have been mentioned, but my presbyopic eyes might have missed it - but does your girlfriend-who-is-in-the-midst-of-finalizing-her-divorce have children? Would that somehow complicate things? Gotta take that into consideration too - you wouldn't want the
soon-to-be-ex-husband filing a court claim to get his kids back from Australia....

jazzys

She has two boys but they aren't his. They are from a first husband who passed away.

And they are early 20's so they would stay in the UK anyway.

Cheers

xizzles

Ah, then that's one less hurdle (and headache) for you, my friend! Good luck!

bakedbean

I think it must do. One of my cousins is currently on one of these, spending about 8 months in Aus this year, but zipped over to New Zealand a couple of months ago, and returned into Aus again.

Even the lowly (free) E-Visitor visa (subclass 651) allows multiple entries. I am on my second one. Lasts one year. Stay period: 3 month(s) from the date of each arrival. Travel Facility: Multiple.