independent visa for defacto after split

Discussion in 'Immigration Law Forum' started by nose, 19 January 2018.

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  1. nose

    nose Well-Known Member

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    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?
     
  2. Tim W

    Tim W Lawyer
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    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.
     
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  3. nose

    nose Well-Known Member

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    thank you Tim. as she has no money I wonder if she can get any assistance through legal aid
     
  4. Tim W

    Tim W Lawyer
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    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.
     
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  5. nose

    nose Well-Known Member

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    thanks again will let her know
     
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