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Advice needed


debgav

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So as far as immigration are concerned you are still with your ex husband (if you havnt advised them otherwise). You can't then claim to be in a defacto relationship with someone else and sponsor them.

 

speak to a registered migration agent.

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So as far as immigration are concerned you are still with your ex husband (if you havnt advised them otherwise). You can't then claim to be in a defacto relationship with someone else and sponsor them.

 

speak to a registered migration agent.

 

No I haven't advised anyone yet. As my divorce only came through before Xmas.

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You do not need to advise DIBP of anything - why should you - you are a permanent resident. As a permanent resident of course you can stay in Australia and you can sponsor your new partner. However don't think a 4 month relationship is long enough to be able to sponsor - usually 12months as a defacto.

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Assume you are not in Cannock but in Australia. Please alter your location as it can be confusing.

If you have PR it is yours and you still have it even if divorced. what visa is your current partner on? You can sponsor someone for de facto if you have been together for a year. They will get a provisional visa which will become permanent if you are still together after two years.

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Of course she can sponsor someone as she has PR. My concerns lie with the validity of her partner lodging a partner visa. She cannot be in a relationship with two people - which will be how DIBP will see it. I'd contact a MARA agent and work out the best way forward so it doesn't effect your partner visa

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Of course she can sponsor someone as she has PR. My concerns lie with the validity of her partner lodging a partner visa. She cannot be in a relationship with two people - which will be how DIBP will see it. I'd contact a MARA agent and work out the best way forward so it doesn't effect your partner visa

 

Once she has PR though DIBP don't care and don't want to know if she divorces.

If the new partner applies for a visa they have to produce proof of the new relationship - with a divorce cert if she marries the new partner, but otherwise there is no need to tell DIBP about either relationship. Been there, worn that hat.

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You refer to your ex-husband as the primary applicant of your visa, so I assume you have a work-related visa (e.g. 186, 189, 189...). In that case you have your own PR visa and once granted it's not reliant on your relationship with your ex-husband.

 

You can sponsor your current partner if you can provide sufficient evidence of a de facto relationship - this is typically 12 months cohabitation with a fairly broad range of evidence from joint finances to joint social aspects. If you haven't lived together that long, you can perhaps register your relationship depending on what state you live in, but you'd still need to cover a fairly lengthy period of evidence before applying.

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