independent visa for defacto after split

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nose

Well-Known Member
27 November 2015
67
1
199
Friend is living here under a partner of 457 Visa holder. She is 52, he 68. He wants to split up with her. He is the income , she takes work as she can , none at the moment. Has no funds , been his defacto for 10 years. they have been here 5 years, he has extension for another 5, so does she, but under his permit under defacto. How can she stay? Can she be afforded any financial assistance?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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820
2,894
Sydney
Your friend needs to speak to a lawyer
who is also a Registered Migration Agent.

This is because there are legal aspects of
ending a long term de facto relationship
(such as property settlement etc)
that a layman RMA cannot help them with.
 

nose

Well-Known Member
27 November 2015
67
1
199
Your friend needs to speak to a lawyer
who is also a Registered Migration Agent.

This is because there are legal aspects of
ending a long term de facto relationship
(such as property settlement etc)
that a layman RMA cannot help them with.
thank you Tim. as she has no money I wonder if she can get any assistance through legal aid
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,913
820
2,894
Sydney
thank you Tim. as she has no money I wonder if she can get any assistance through legal aid
Legal Aid does not operate like Medicare.
That is, it is not possible to just "get Legal Aid".
There are criteria that apply to any application for Legal Aid, and most people don't get it.
Start by reading this, and this, and this.

Understand that there are two heads of legal work here.
There is the migration aspect, and there is also the property settlement and related aspects.
Both need to be done more or less in parallel.
That's why she will need a lawyer who is also an RMA.
 

nose

Well-Known Member
27 November 2015
67
1
199
Legal Aid does not operate like Medicare.
That is, it is not possible to just "get Legal Aid".
There are criteria that apply to any application for Legal Aid, and most people don't get it.
Start by reading this, and this, and this.

Understand that there are two heads of legal work here.
There is the migration aspect, and there is also the property settlement and related aspects.
Both need to be done more or less in parallel.
That's why she will need a lawyer who is also an RMA.
thanks again will let her know