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NSW Partner Visa - Can We Register De Facto Relationship Before Divorce?

Discussion in 'Family Law Forum' started by Vikram, 23 November 2015.

  1. Vikram

    Vikram Active Member

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    Hi, I am from India, but at present in Sydney on a tourist visa. I've been living with my girlfriend since March 2015. She was married to someone but separated since February 2015. Her one year separation period is not completed yet. Can we register a de facto relationship before she get her final divorce certificate?

    My tourist visa is till 5th January 2016. I don't want to leave her alone under the pressure of a divorce proceedings, although she can't live alone, too.

    My question is can we apply for a de facto partner visa as her separation period for one year is not completed? Can we register our relationship before her divorce?

    Waiting for your response.

    Regards
     
  2. Tim W

    Tim W Lawyer

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    De Facto or not, registered or not, on your tourist visa, you will need to leave Australia on or before 5 January.

    Unless - you apply for an 820 visa. You'll need to have been in the de facto relationship for 12 months before you can apply. Time before the de facto relationship (when you were just, so to speak, " boyfriend and girlfriend") doesn't count.

    Read this

    You need the formal advice of a lawyer who is also Registered Migration Agent.
    There will be fees payable for this.
     
  3. Jackson Taylor

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    Hello Vikram,

    It is possible to register a de facto relationship under state government legislation prior to a divorce going through. The requirements will vary depending on the state and each state has its own requirements. In Victoria, for example, you must have been resident in the state for at least 12 months in order to register your relationship.

    Once you are in a registered relationship then the 12 month relationship requirement is waived under immigration law.

    You should consider whether your Visitor visa has a 'no further stay' condition as this may limit your options for applying for a further visa while in Australia.

    Also, you have not stated in your comment but your partner must be an Australian citizen, permanent resident or eligible NZ citizen in order to sponsor.

    I recommend you seek advice from a Registered Migration Agent as there are a number of factors that must be taken into consideration.
     
  4. Tim W

    Tim W Lawyer

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    I agree with the above.
    However, I am not clear on whether or not your relationship is registerable,
    given that your girlfriend is still married to someone else.
     
  5. Vikram

    Vikram Active Member

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    I had already extended my tourist visa once. I don't want to leave her in this situation alone, as she is not in a position to handle this pressure alone.

    My girlfriend is Australian permanent resident. And I don't have no further stay condition on my current visa, but I had already extended my visa once.

    On what grounds I can extend my visa for at least 6 months and what are the other options for me?
     
  6. Tim W

    Tim W Lawyer

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    What visa are you on now?
     
  7. Vikram

    Vikram Active Member

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    Visitors visa subclass 600
     

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