SA Separated for 8 Years - Divorce in Australia or Vietnam?

[Khiem]

Hi,

I am an Australian citizen and around 9 years ago, I got married in Vietnam and applied for a partner visa for her but it was unsuccessful. A while after that, we separated. We didn't do anything about the divorce because I didn't think I would come back to that country again.

End of 2015, I got engaged in Vietnam and now I want to apply for prospective marriage Visa 300 so we can get married here in Australia, but on our application I need to show that I have been divorced, but I have not been in contact with my ex-partner in Vietnam for 8 years. Plus a few years ago, I heard she got married and has kids now.

I don't have any contact with her and don't really remember what happened 8 years ago.

I'd like to know, can I still go ahead with my application so my fiancee can come to Australia and get married to me? How can I get the divorce paper in Vietnam? Can I apply in Australia? We have been separated for 8 years.

 

[Clancy]

Was the original marriage recognized by the Australian government despite the application being unsuccessful?

If yes, well I heard there is an 'abandoned spouse' option for divorce. Check it out? If the original marriage was not recognized, well then ,it doesn't officially exist and that's that I guess?

 

[Khiem]

I'm not sure if it was recognised. I apply for the singles form and there is no registry of marriage of mine in Australia. I'm just afraid that it will be still in Vietnam and if I put my application through and it might be unsuccessful.

Where would I go to check the abandoned spouse option of divorce?

Thank you

 

[Khiem]

Please help

 

[Clancy]

Sorry I don't know where to look regarding abandoned spouse... just Google it.

My concern for you is that because your previous application was rejected, you're not really focused on playing by the rules of the system. You really need to slow down, be patient and work within the system. There are no shortcuts that won't backfire I'm afraid, sorry.