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VIC Apply for Permanent Residency with De Facto?

Discussion in 'Immigration Law Forum' started by Kajal, 15 October 2014.

  1. Kajal

    Kajal Member

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    Hello,

    I living with my boyfriend in Australia. I am on bridging visa A and my boyfriend is on 457 visa. He is married but separated (not legally). His wife is in India and she has never came to Australia even though she got the visa as a second applicant. does he need to notify immigration about is separation?

    We both have joint bank accounts rental property lease contract under our names, and I got pregnant twice in last two years while we were living together (I have proof of that) but couldn't keep the child knowing that he is still married and we want to have child after he gets divorce with his wife and once i get the substantial visa.

    Can he still apply for my de facto visa while he is still married? He is also eligible to apply for PR, can I be the second applicant in his PR application. We both are genuinely in love with each other and want to be together but because of his family he won't be able to get divorce at least for couple of years.

    Please help. Any kind of advice on this would be much appreciated.

    Thank You
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Kajal,

    I am not too familiar with immigration law, but here are my two cents' worth:

    1. If the wife is on a visa as a result of her relationship status with the applicant (your boy friend), then yes, he should notify the Department of Immigration of any changes to this relationship status.
    2. I do not believe he can apply for a de facto visa whilst still married to another person. He will need to satisfy to the department that he and his wife are separated and intending to divorce. Take her off his visa support and see if he can substitute you on under the de facto visa sponsorship. You may have to wait a while after the department is notified of the separation before applying.

    I would strongly suggest you speak with an immigration agent or an immigration lawyer. Immigration law is an extremely complicated area and there are many laws, discretionary factors considered by the director of immigration and many public policy considerations.
     

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