QLD Defacto possible while partner was married but seperated? Applying for Partner Visa

[Dante1526]

Hello.

My partner and I will be applying for a partner visa in August (this year). From what I understand, we either need to be married or in a DeFacto relationship for this to work. From what I know, to be in a DeFacto we need to have lived together for one year.

We have been living together since last August and intend to apply for a partner visa this August as her current visa ends in September this year BUT she was still married from August - Jan 2016-2017. So, can we still be in a DeFacto after 1 year of living together - even though she was technically married during 5 months of this time?

 

[Lance]

Hi Dante,
The Department of Human Services considers a couple to be de facto as soon as they start living together, so there is no timeframe for a couple to be considered de facto. In saying that there is no single definition of a de facto relationship because there are different requirements for different legal purposes. In QLD de facto couples can register their relationship, so another option is to enter into a civil partnership. Entering a civil partnership | Your rights, crime and the law | Queensland Government

 

[Dante1526]

Hi Dante,
The Department of Human Services considers a couple to be de facto as soon as they start living together, so there is no timeframe for a couple to be considered de facto. In saying that there is no single definition of a de facto relationship because there are different requirements for different legal purposes.

In QLD de facto couples can register their relationship, so another option is to enter into a civil partnership. Entering a civil partnership | Your rights, crime and the law | Queensland Government

Thankyou. So if we entered into a civil partnership, this should be enough to satisfy the partnership visa requirements where it states the partner must be either a spouse or defacto? (Partner visa subclass 820/801)

 

[Lance]

Hi Dante,
I believe so. It would make you a registered de facto.

 

[457Visafraud]

her current visa ends in September this year BUT she was still married from August

Hi Dante,
I wish you good luck with everything but when I read your story it recalled what has happened to me, you should read my thread.
People around me advised against the marriage but I blindly ignored them.
I wish everything goes well with you.