Visa Help Please
 

I want to go to Australia to live with my boyfriend. He's UK born but has been an Australian citizen for twenty-odd years. His home, work and business is therefore in Australia although he comes back to the UK each year for a couple of months.

Now, we are not youngsters, but in late fifties/early sixties! Neither of us is divorced from previous marriages yet, although separated, so we cannot marry straight away.

So, I am not eligible for a work visa as I'm too old! We cannot live together in UK for the length of time to be eligible for DeFacto/partner visa as he cannot leave his business etc for 12 months or more.

I can probably get a 12 month long stay tourist visa for Australia so am wondering what the chances are of being granted Partner status after this period if we have been living together for that time??

Sorry if this is a bit long.

Re: Visa Help Please
 

Welcome to BE :)

If you can get a tourist visa for 12 months then you should be ok on the co-habiting side, even more so if he stays with you when he is in the UK - try and get some evidence of that, maybe mail sent to him at your address? You would have to get the application in to DIAC before your visa expires, or return to the UK and apply from there - if you did the former it would make for a very tight timeline.

Start thinking too about what evidence you can get of a relationship existing from before you travel to Aus, things like opening a joint bank account - some banks will do this if one of the couple already has an account, even though you are still offshore.

Re: Visa Help Please
 

How long have you been together? I have a friend who was dating an Aussie who would come to the uk for cricket every summer, than back to oz for winter. After a couple of years old this (they lived together when he was in th uk) they applied for a partner visa and got it (I think she was pregnant at the time too which may have helped a little).

Good luck. There will be a way. Tourist visa sounds good. :-)

Re: Visa Help Please
 

Can they get a partner visa if they are both still married to other people? Doesn't the partner visa require a mutually exclusive relationship? I can't see how they can satisfy that if they are married to others.

Re: Visa Help Please
 

No and yes. They'll have to get respective divorces before they can apply for the Partner.

Re: Visa Help Please
 

If its a de facto visa, and there is sufficient evidence to show that both previous relationships are over, and that this is a genuine, ongoing relationship, then the parties do not have to be divorced - they'd have to show living apart from previous spouses, any official separation documents etc - even a statement from the previous spouse. I was given that info by an agent a few years ago.

PMV and Spouse (on grounds of marriage) obviously are out until both parties are divorced, but de facto is OK - as there is no intent to marry expected as part of the application.

Re: Visa Help Please
 

That's interesting. And very good info for the OP. :)

Re: Visa Help Please
 

It makes things simpler for people from countries that don't allow divorce, and couples who are having problems settling things with previous partners. I was surprised at first, but I guess its logical really, if they don't intend to marry, they don't need to be free to marry. So in a case like the OPs they could go for a de facto visa - if the divorces come along, all well and good, but as long as the previous marriages are effectively over, its all good.

Re: Visa Help Please
 

Now you've written that, I've remembered that I knew that but had forgotten. :lol:

Re: Visa Help Please
 

Thank you everyone. Maybe pregnancy would help, but at my age would be medical history, ho-hum.

I actually met this man 30 years ago, but we lost touch after a few years, went our separate ways etc, and hadn't had contact for 27 years until we 'found' each other again.

I'm not saying we wouldn't marry eventually, but it's the getting together in the first place that's difficult.

I went out to stay for a few weeks a year ago so there's evidence of my stay, people I met etc.

Re: Visa Help Please
 

All that evidence will help - as will the fact that when you write the statements about your relationship you can refer to when you knew each other before. That gives you a more solid and long-standing history, even though there has been a gap in the middle :)

Re: Visa Help Please
 

Thanks for all your help. One more question. Does anyone know of an immigration agent that may be of help in this specific field as many of the agents seem to specialise in the job visa market rather than personal problems.
Thanks.

Re: Visa Help Please
 

George Lombard or Ian Harrop would be able to help (search forum for contact details) but they cannot create eligibility for a visa where none exists. Getting a partner visa on de-facto grounds is not easy if there isn't 12 months cohabitation.

How long will it be before you are divorced?

Re: Visa Help Please
 

I was thinking more along the grounds of consulting a professional in case there was anything we'd forgotten, not creating eligibility. Even with 12 months visitor visa I may need paperwork to prove I have funds for such a visit, or am being funded, both of which I can do.

As to divorce, we both have properties to sort out and that's taking a while and creating some of the problems.

Thanks.