reutmark Posted October 7, 2013 Share Posted October 7, 2013 I am thinking of moving to Aus with my Australian girlfriend.I am 50 and so my only way therefore is under a de facto or a marriage visa. My former wife has yet to grant me a divorce and my question is this. Clearly I cannot be granted a marriage visa while I am still married ( as one of the criteria is I have to be leagally free to marry my girlfriend in the 9 month window) So if my former wife will not grant me a divorce and by UK law I have to wait 5 years to get my divorce( as after 5 years she could not block my application as I would not need her consent) then during this 5 year period would I be allowed to live in Aus under the de facto visa if this was approved? And then apply from Aus after the 5 years is up to get my divorce. So my questions are 1)would a de facto visa likely be be granted to me if I am legally still married at the time of my application(due to my former wife blocking my divorce request)but at the time of the visa application I was not living with my former wife but had my own place and could show clear evidence my Aus girlfriend and I were in a relationship ? 2)I realise ideally to show this evidence I would need to be living full time with her as I understand it is hard ( not impossible?) to be granted a de facto visa if you do not live together? 3) Is there any prejudice by the visa authorities on granting a de facto visa to a person who is still leagally married if this person explains that this is purely because their wife is blocking th divorce application just to be "difficult" 4) Or my de facto application would not at all be disadvantaged if I was still married due to my wife being difficult? Link to comment Share on other sites More sharing options...
Rupert Posted October 7, 2013 Share Posted October 7, 2013 Agreed, prospective marriage visa is out of the question for you. It is impossibly to comment on your chances of going straight for a defacto visa as you have not commented on the nature and history of your relationship with your Australian girlfriend. As you are separated from your wife, this is not the issue, it is the nature of your current relationship that we would need to understand better. Can you provide some more information for better advice? (I will admit, at moment I am not too hopeful as I am envisaging an Internet relationship). Link to comment Share on other sites More sharing options...
boganbear Posted October 7, 2013 Share Posted October 7, 2013 I'm sure one of the things you are asked about is your marriage and have to prove you are divorced by sending your decree absolute. If you cannot do this you cannot apply for a de facto visa Link to comment Share on other sites More sharing options...
reutmark Posted October 7, 2013 Author Share Posted October 7, 2013 No it is not an internet relationship as we have just started seeing each other i recent months but have become very keen on each other quickly and our plan is to go to Aus at the end of 2016 or early 2017 so we have another 2 to 3 years at least in the UK and would not be making a visa application for some time..At present we live in two different flats and did not want to rush into living together so as not to put pressure on the relationship too swiftly but clearly if it was very important to do so to stand a chance to be granted the de facto visa we would do this and probably in say a year's time we may well do it anyway. I have only recently taken my own place so the 5 year window to get a non contested divorce has only just commenced and it could be if my wife does not grant me this I could not get it until around 2018. So if we wanted to move to Aus in late 2016 and there was still some 2 years to run until the 5 years was up for me to get my divorce do you feel I would stand a good chance of being granted the de facto visa in 2016 and could go to Aus then and then from Aus apply in 2018 to get my divorce? Link to comment Share on other sites More sharing options...
reutmark Posted October 7, 2013 Author Share Posted October 7, 2013 Can someone clarify this point please? Namely that it is a contition to be granted a de facto visa that I would have to prove I was divorced by sending in a decree absolute? Surely if my wife is blocking my application for the 5 years do the visa folk not show sympathy? Or is this a fixed rule they have that I must not be married to get the de facto, even if by the time of my visa application I can show for some 3 years I have been in a relationship with my Aus girlfriend and am not living with my former wife? Link to comment Share on other sites More sharing options...
Rupert Posted October 7, 2013 Share Posted October 7, 2013 No I do not necessarily agree with the above, it is my understanding that being separated is enough to get a partner visa sponsored by a new partner. I wil not claim to be 100pc certain however. You would definitely need to be divorced for the prospective marriage visa. Regarding your earlier post, you certainly should look to move in together in due course, but as you have a medium /long term time frame ther does not appear to be any rush. Link to comment Share on other sites More sharing options...
reutmark Posted October 7, 2013 Author Share Posted October 7, 2013 I would really appreciate someone clarifying if being seperated but not divorced is acceptable in terms of being considered and granted a de facto visa? There must be a clear ruling on this by the Aus authorities who consider visa applications? Link to comment Share on other sites More sharing options...
FP215 Posted October 7, 2013 Share Posted October 7, 2013 I would really appreciate someone clarifying if being seperated but not divorced is acceptable in terms of being considered and granted a de facto visa? There must be a clear ruling on this by the Aus authorities who consider visa applications? I'm sure there is but and I suggest that you consult a registered migration agent who would be able to confirm it for you. Link to comment Share on other sites More sharing options...
reutmark Posted October 7, 2013 Author Share Posted October 7, 2013 I would still really really appreciate someone clarifying if being seperated but not divorced is acceptable in terms of being considered and granted a de facto visa? There must be a clear ruling on this by the Aus authorities who consider visa applications? I am sure someone out there knows the answer to the above? Thanks so much Link to comment Share on other sites More sharing options...
reutmark Posted October 7, 2013 Author Share Posted October 7, 2013 I would still really really appreciate someone clarifying if being seperated but not divorced is acceptable in terms of being considered and granted a de facto visa? There must be a clear ruling on this by the Aus authorities who consider visa applications? I am sure someone out there knows the answer to the above? ANY ADVICE REALLY APPRECIATED ON THIS.... Thanks so much Link to comment Share on other sites More sharing options...
dxboz Posted October 7, 2013 Share Posted October 7, 2013 I don't know where the ruling from Aust authorities is but I do not believe you have to be divorced. I know someone who did this and they were not divorced at the time. To set your mind at rest though speak to an agent. Link to comment Share on other sites More sharing options...
reutmark Posted October 7, 2013 Author Share Posted October 7, 2013 Thanks so much for your reply.So to clarify the person you know was granted a de facto visa while they were still married? And they then sorted out the divorce after this once they were in Aus? Anyone else have any such positive stories to tell me or experiences in this area? THANKS in advance for your help ....to all of you out there...as I really want to get to the bottom of this question.....on if a de facto visa is allowed to be granted to someone who is still married ? Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted October 7, 2013 Share Posted October 7, 2013 I think some of the previous posters are right...you don't need to be divorced to be in a defacto relationship with someone else. You need to get divorced to get married again, but defacto is a different status from married. Yes you can be separated, still married, and defacto with someone else. You do, of course need to meet the requirements of the defacto visa, but being separated and still married is not a barrier in itself This has come up a few times in the past. I'm sure there have been other threads on here about the same thing...have a good search! Link to comment Share on other sites More sharing options...
Guest Posted October 7, 2013 Share Posted October 7, 2013 THANKS in advance for your help ....to all of you out there...as I really want to get to the bottom of this question.....on if a de facto visa is allowed to be granted to someone who is still married ? You are asking on an open public forum. We are not professional migration agents and may not know exactly or may be right or wrong. If you want a definitive answer I suggest you contact a reputable migration agent and make use of their free 5/10 minute consult. Link to comment Share on other sites More sharing options...
reutmark Posted October 7, 2013 Author Share Posted October 7, 2013 Thanks for this reply Has anyone else out there any similar experiences of my situation and/or feedback? Link to comment Share on other sites More sharing options...
reutmark Posted October 7, 2013 Author Share Posted October 7, 2013 Do you have the contact details of a reputable migration agent who offers a free 5 to 10 minute initial service? Link to comment Share on other sites More sharing options...
Rupert Posted October 7, 2013 Share Posted October 7, 2013 Do you have the contact details of a reputable migration agent who offers a free 5 to 10 minute initial service? Have you tried googling. You have been pretty rude on this thread, demanding answers within a hour of posting and then not believing what you are told anyway. I don't think people are going to be falling over themselves to help you further. Link to comment Share on other sites More sharing options...
reutmark Posted October 7, 2013 Author Share Posted October 7, 2013 I apologise I came over as rude in your eyes Rupert as this was never my intention and I did not insist on answers within an hour.I was just trying to gather a range of experiences from people on the forum and I was not also not meaning that by asking for experiences I was in any way not believing of any posters at all.Sorry again you mistook my e mails as rude.Regards Link to comment Share on other sites More sharing options...
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