Registering a relationship

[MartinMwg]

Both my partner and I are married (to other people ) but have been in a relationship for 6 months and living together for the last 3 months.

I am a permanent resident (just applied for citizenship) and my partner is currently on a post graduate visa which will expires in mid October 2018.

So the question is can we register our relationship (obviously on the grounds that we can prove it is genuine), even though we are both married (but separated) ?

or

Are there any other options open to us that will allow my partner to stay in Australia? 

Thanks in advance.. 

[ali]

I read on one  website that potentially you can apply for a partner visa but that it may not be easy. Another website it gave the example that in NSW to register your relationship you can't be married to anyone else.

Immigration may question the on going nature of your relationship with it only being 6 months currently - I'd take some advice from a registered migration agent.

[Marisawright]

1 hour ago, MartinMwg said:

Both my partner and I are married (to other people ) but have been in a relationship for 6 months and living together for the last 3 months.

I am a permanent resident (just applied for citizenship) and my partner is currently on a post graduate visa which will expires in mid October 2018.

So the question is can we register our relationship (obviously on the grounds that we can prove it is genuine), even though we are both married (but separated) ?

When you say you are married, when did you separate from your respective ex-partners?   I'm pretty sure you'll have to be divorced before you can register a new relationship

[TheWayOfThePony]

I would assume you both need to be divorced from your respective spouses before registering a relationship. That's certainly the case in Victoria:

In Victoria, you can register a domestic relationship between two adults who are a couple if:

• You're both at least 18 years old
• One party lives in Victoria
• You're not married, in a relationship that's already registered in Victoria, or in another relationship that could be registered
• You provide domestic support to each other
• You're committed to each other both personally and financially.

(source: https://www.bdm.vic.gov.au/marriages-and-relationships/register-a-domestic-relationship)

The register of BDM in Victoria asks that you mention previous marriages or registered relationships to them and provide evidence that you are no longer in that relationship (official evidence, that is: divorce decree, certificate of annulation, etc).

I'd call or check the website of the Register of BDM for the state you live in and see what they say but I'd be surprised if any would allow that. That would make things way too easy (anyone could pretend they are in a relationship and sponsor a fake partner even though they are married), so you can see how Immigration would close that potential loophole.

[HibiscusDreams]

Is there a reason you can't put in for divorce? Your case would be MUCH simpler if you could do this. NSW won't let you register a partnership if you're married to someone else, and having a partnership certificate is a big piece of evidence that Immi like to see. Not sure of the partnership registration rules in other states/territories, but I'm guessing they are somewhat similar. 

[Marisawright]

49 minutes ago, HibiscusDreams said:

Is there a reason you can't put in for divorce? Your case would be MUCH simpler if you could do this. 

I agree.  I seem to recall from another thread, immigration won't consider you de facto if you're still married to someone else - the assumption being that if you can't really be serious about a new relationship if you haven't completely broken off from your last one. So the problem for the OP may be that they can't count any of the time they spend living together before the divorce.  

[Beffers]

I think even if you could register your relationship (which I don't think you can as you're both still technically married to others), you still don't qualify for the 12 month defacto requirement for a partner visa, so that's not an option regardless.  Even if you were divorced at this point in time, you've still not lived together for long enough to satisfy the defacto aspect of the 309/820 visa options. 

If he's on a study visa, is he eligible for a skilled visa based on his work experience and study?

[Raul Senise]

You cannot register a relationship if you are still married. 

Although you can apply for a partner visa if still married to someone else, you would need to satisfy de facto criteria.

 

[MartinMwg]

Hey

Thanks everyone for your input. Very much appreciated.

 

Martin