NSW Applying for De Facto Visa While Legally Married to Someone Else?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Sandra Prem

Member
6 April 2016
1
0
1
Hi All,

I'm a Sri Lankan who has recently received an invitation to apply to NSW under 190 category. At the moment, I'm going through my divorce case which was instituted on May 2014. I have a daughter who is 4 years now, from my marriage and I have been in a de facto relationship with a person since October 2013. We have been together for 2 and half years and I'm expecting at the moment. My child is due at end July 2016.

All I need to know is my legal standpoint in receiving a visa.

I can provide enough evidence of my current relationship. Since my baby is not born yet, I can't include her into this visa application which is completing it's 60 days on 1st week of may 2016.

The next court date is 28th April 2016 and I'm not sure what will happen on that date. My previous spouse was a military officer and he has not agreed on the daughter's custody rights yet.

Will I be able to get visas for my partner and the 2 children?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,976
824
2,894
Sydney
This is in part a question of Migration law in Australia,
and in part a question of Family Law in Sri Lanka.

So far as the evidence requirment for your 190 application goes,
have a look at this. If you read down far enough,
you'll see some stuff about children and partners.

So far as getting the kids out of Sri Lanka is concerned,
the 190 Visa doesn't give you any special rights under the law of Sri Lanka.
So, you'll still need permission (in whatever form that comes)
to take the children out of that country.