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Can I register our relationship in Australia already while my non-Australian partner is still in the process of getting her UK civil partnership with her ex dissolved?

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Hi guys. Can I register our relationship in Australia already while my non-Australian partner is still in the process of getting her UK civil partnership with her ex dissolved?

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Something I read - must not be in a relationship as a couple with another person - in particular must not be married, in a defacto relationship.  I think it's a little ambiguous because whilst they're not in another relationship, they are technically still married, probably one for our long standing RMA's to comment on, otherwise, it may be best to wait until the divorce comes through.

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I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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I would wait until the relationship is dissolved to be on the safe side. The process shouldn't be too long?

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Consult an agent to be sure.  Don't take my word for it, but if she is in the process of dissolving her relationship, I think it might be OK - it's evidence that she's making a genuine effort to exit the previous relationship.  If she was still married and hadn't made any effort to divorce, that would be a different story.  But an agent will know.

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Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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On 03/05/2020 at 15:50, Doctor said:

Hi guys. Can I register our relationship in Australia already while my non-Australian partner is still in the process of getting her UK civil partnership with her ex dissolved?

No............

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Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Hi everyone. 
Thank you for all your replies. 
I would like to let you all know that my partner and I took our chances and applied for registration of our relationship in Victoria even though her civil partnership with her ex has not been officially dissolved..and good news! Our application has been approved and we are now registered as a couple in Victoria! My partner just had to provide evidence of termination of her previous relationship (which only needs to list the date that the relationship officially ended).  In short, a relationship can already be registered here in Australia even if one partner was married or in a civil partnership and the marriage/civil partnership has not been officially dissolved, as long as you can provide proof that the previous relationship has ended. :)

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Did you tell them that her civil partnership was not yet dissolved?

“4. Evidence of single status (if applicable)

If either of you has previously been married or in a registered relationship, you must provide evidence of its termination.

For example, this might include:

Divorce certificate

Certificate of revocation of a registered relationship

Death certificate of your former partner.‘


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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