Can i still get a visa if my partner has already been in a De Facto with someone else?

[Scottish8]

Hey guys, i'm new here ,so please be gentle

 

Basically, my GF is born and raised in Australia. I'm obviously not from here so i am exploring the De Facto Visa as an option. The problem is this this: My girlfriend was already in a de facto relationship with someone else before. She has already separated from him. Her ex-partner therefore got his PR also via a De Facto visa from her previously. So if we explore the de facto option, the immigration department would see it through the lens that she is now sponsoring ANOTHER man through this visa.

 

Will this ruin my chances of exploiting this route, i.e the De Facto Visa?

[blossom]

How long ago?

[Scottish8]

I think she separated about a year ago? I will need to find out from her.

 

Right now , i just graduated from uni and i am in the process of applying for a post-study grad visa. This will give me about 2 years here in oz. So i am actually only thinking about getting the wheels in motion for the de facto visa perhaps next year, so i can continue living here after my post-study work/grad visa.

 

P.S Thanks for the quick reply

[Ozmaniac]

You will have a problem if the sponsorship was within the last 5 years.

 

From the Partner Migration booklet:

 

If you have previously sponsored a partner or been sponsored as a partner

 

Your partner’s visa application may be refused if you are affected by certain sponsorship limitations relating to previously successful partner applications.

 

These include if you:

 

• have previously sponsored or nominated 2 or more persons as a fiancé(e) or partner for migration to Australia (including sponsorships/nominations you may have withdrawn but your former fiancé(e) or partner obtained permanent residence on family violence grounds);

Or

• have sponsored another fiancé(e) or partner within the last 5 years;

Or

• were sponsored as a fiancé(e) or partner yourself within the last 5 years.

 

Approved sponsorships or nominations are those that resulted in the grant to an applicant of a permission, an entry permit (granted prior to 1 September 1994) or a visa.

 

You may still be approved as sponsor of your fiancé(e) or partner in compelling circumstances, such as:

 

• if your previous partner has died;

• if your previous partner has abandoned the relationship leaving young children;

• if your relationship with your current fiancé(e) or partner is long standing; or

• if you and your current fiancé(e) or partner have children of your relationship.

 

The purpose of the sponsorship limitation is to prevent abuse of the partner migration provisions and this will be considered by a departmental decision maker when considering whether or not to exercise the waiver. Every aspect of your circumstances is relevant to the existence of compelling circumstances, including the extent and importance of your ties to Australia and the consequent hardship/detriment that would be suffered by you if the sponsorship were not approved

http://www.immi.gov.au/allforms/pdf/1127.pdf Page 15

[MaggieMay24]

Note that the 5 years starts from the date her previous partner applied for his partner visa, not the date it was granted. She can only sponsor twice in her lifetime unless there are compelling circumstances as per Ozmaniac's post

[Scottish8]

Thanks for those informative replies !

 

What if i was to marry her instead of pursuing the de facto visa? Would that avert all the short-comings as mentioned above?

 

For OZ maniac's post, this line caught my eye " if your relationship with your current fiancé(e) or partner is long standing; or " Do you guys know what long standing is ? 5 years is obviously a long time so i'm trying to find any loophole i can

[Ozmaniac]

Being married won't make any difference. Partner visas are the same for married and de facto couples and the same sponsorship limitations apply to both.

 

I'm not a professional, but imagine that the 'long standing' would only apply if the relationship was well over 5 years. It could probably only be taken into account when the limitation is because the sponsor has 'previously sponsored or nominated 2 or more persons' rather than because they have 'sponsored another fiancé(e) or partner within the last 5 years'.

 

When exactly did the other partner apply for his visa?

[Scottish8]

I actually need to find that out from her when her ex partner did it. She's not around at the moment so i can't give you a concrete answer. But i my guess would be 2013.

[CollegeGirl]

A relationship of one year is definitely not "longstanding" by DIBP standards. I believe it's 3 years they consider "longstanding." Sorry, but you're more than likely going to have to just wait it out. You can always consult a MARA-registered migration agent to see if you have any other options. There are several good agents on this forum.

[Lair it]

Scottish8, I think it is a better idea for you to consider 189 or 190 visa. It's priority is faster in processing and you will have more points for your post grad studies in oz. U can bring along depedents that u may have for those visas.