Guest Janujanu Posted September 1, 2012 Share Posted September 1, 2012 Hi I'm new to this and am hoping someone can answer my question. My boyfriend is married and is awaiting TR. He has been married for 1 year but been with his wife for nearly 3. She sponsored him and he is on bridging visa A. They have been unhappy now for six months and are not even on talking terms.He has tried to work on the marriage but she won't co operate and has told him to leave her because she knows he will get deported. I met him four months ago however he has had enough of the marriage and wants to separate even knowing that he will no longer be covered by the visa. If he separates from her am I able to sponser him as a de facto? Is there anything I can do to keep him here as we are both very happy and are in love. Quote Link to comment Share on other sites More sharing options...
blossom Posted September 1, 2012 Share Posted September 1, 2012 Wow, he hasn't been trying very hard for the last four months! I am no expert AT ALL but as you haven't been living together for a year (which you couldn't legitimately do as he is on a visa linked to being with his wife), I would say your only option would be divorce for him. Of course in oz you have to show you have been separated for a year to get this. And then a prospective marriage visa due to the less than a year thing. Does he have a job which he could apply for residency in his own right? Is you moving to his country for a year a possibility? Is he under 30 and not had a working holiday visa before? If so that could be your year living together, as well as a year to be able to think about divorce. However he would probably need to do the three months regional work to get the second year for it all to work out. Other long shot, but maybe a possibility if he has some money is to enrole on a course for 18 months or so. It is definatly a tricky one. Good luck! Quote Link to comment Share on other sites More sharing options...
Galahad Posted September 1, 2012 Share Posted September 1, 2012 (edited) My first reaction is that you can do nothing......it's all too short a time.... Presumably he emigrated with his wife (or to her if she is Australian) so he has to sort it.... Immigration is not heartless - they realize that in the stress of emigrating, relationships do not always last....& it's not a given that he will be deported at all.... I suggest that he goes to Immigration or talks to an Immigration lawyer about the situation & the desire to separate from his wife.... I don't think you should or can do anything until this has happened....he needs to do - & be seen to be doing - things properly, no matter how badly the invective & recriminations are... Without more detail it's difficult to be more specific - vis-a-vis their property sharing/financial arrangements etc. etc....& I emphasize 'he' because it is him who must begin to sort his situation first & foremost... Initially you can be supportive while he starts the ball rolling but it's far too early to be claiming to be his 'de facto' - in a legal sense - quite apart from the fact that he is, however tenuously, married.... Immigration may decide to upgrade his visa to allow him peace of mind to sort his situation...then he can begin to unravel his snarls.... I don't know whether they will do that now - I do know of a situation where a relationship broke down & this happened, but each situation is different..... & you will both need patience... Edited September 1, 2012 by Galahad Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted September 1, 2012 Share Posted September 1, 2012 You boyfriend needs to speak to a Registered Migration Agent. But from what you have posted he has alot of issues even with his current application. 1. To be granted his visa currently he needs to show that he is in a exclusive and genuine relationship - which he is not. Even if he gets granted a visa currently (and if it was PR) - if he is found further down the line that while he was in a relationship with you when his application was being processed - his visa would be cancelled due to the incorrect answers that he has provided. 2. Will you be able to sponsor him - No. You need to show that you have been in a genuine and exclusive relationship for 12 months for sponsorship under partner visa. Which you can not prove, and for the fact that he is still currently married and still living with his wife regardless whatever story he is telling you. 3. If the TR visa is granted, and the relationship ends, you can not sponsor him as there is a 5 year waiting time for sponsors or sponsorees to be re-sponsored by a different partner. All the wife needs to do is call immigration and tell them the relationship is over and withdraw her sponsorship = the fact that she has not done this says to me that in her eyes the relationship is not over. If she finds out about you - I'm sure that will be what she will do. If the marriage is over and there is no children within the relationship - it will be unlikely that he will be able to stay unless he has a employer sponsor. Quote Link to comment Share on other sites More sharing options...
Galahad Posted September 2, 2012 Share Posted September 2, 2012 "All the wife needs to do is call immigration and tell them the relationship is over and withdraw her sponsorship = the fact that she has not done this says to me that in her eyes the relationship is not over. If she finds out about you - I'm sure that will be what she will do" Yes......Or, if she does know, & I suspect she might...she is reluctant to take the first step to end the relationship... Be warned. Be very warned. However you want to dress this up by words like 'love' & 'in love' - he is a cheater. You've had some excellent & knowledgeable advice from a couple of posters - if I were you I'd be making myself very scarce until he's sorted his situation. If he really is in an impossible marriage (& it's such early days for them) he must deal with that, with due consideration for his wife. First. I hope the advice you've received helps to point you in the right direction..... Quote Link to comment Share on other sites More sharing options...
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