De facto visa, HELP?

11-28-2003, 04:44 AM

I lived togheter with my partner in Australia for more than one
year(under visitor visa) and about 2 months in italy.My partner is an
australian citizen.I am separated and I have to wait about one year to
get an italian divorce but I would like to apply in Australia(I am
here!) for de facto visa.
Do I have to wait for my divorce?
Can the visa be granted before the divorce?
If I will get a bridge visa can I work ?
Do I need particular documents to demostrate my situation?
I spoke with differents dimia telephone operators and they didn t give
me same answers to my doubts.
Thank for your help.

11-28-2003, 12:36 PM

Dear Marco,

You certainly don't need to be divorced to qualify for a partner visa on de
facto grounds, but make sure that you have sufficient documentation of your
relationship. The Immigration Advice and Rights Centre website has a very
useful set of guides for this kind of situation. See www.iarc.asn.au

Cheers

George Lombard

__________________
www.austimmigration.com.au

"Marco" <> wrote in message
news:...
    > I lived togheter with my partner in Australia for more than one
    > year(under visitor visa) and about 2 months in italy.My partner is an
    > australian citizen.I am separated and I have to wait about one year to
    > get an italian divorce but I would like to apply in Australia(I am
    > here!) for de facto visa.
    > Do I have to wait for my divorce?
    > Can the visa be granted before the divorce?
    > If I will get a bridge visa can I work ?
    > Do I need particular documents to demostrate my situation?
    > I spoke with differents dimia telephone operators and they didn t give
    > me same answers to my doubts.
    > Thank for your help.

12-01-2003, 08:21 AM

As long as you can demonstrate your previous marriage has definitely
ended, you may be able to apply for a spouse visa on de-facto grounds,
provided you meet the normal criteria for de-facto (eg 12 months
cohabitation).

Applying onshore can be tricky, depending on your visa status and some
other factors. In particular, it's critical to apply while still
legal (ie don't let your existing visa expire) and beware of condtion
8503 (no further stay). Bridging visas are tricky as well. You
should definitely get some good professional advice straight away -
either from a competent migration agent, or from IARC or RILC. Their
websites are:
http://www.iarc.asn.au
http://www.rilc.org.au

Jeremy

    >On 27 Nov 2003 21:44:19 -0800, (Marco) wrote:
    >I lived togheter with my partner in Australia for more than one
    >year(under visitor visa) and about 2 months in italy.My partner is an
    >australian citizen.I am separated and I have to wait about one year to
    >get an italian divorce but I would like to apply in Australia(I am
    >here!) for de facto visa.
    >Do I have to wait for my divorce?
    >Can the visa be granted before the divorce?
    >If I will get a bridge visa can I work ?
    >Do I need particular documents to demostrate my situation?
    >I spoke with differents dimia telephone operators and they didn t give
    >me same answers to my doubts.
    >Thank for your help.

This is not intended to be legal advice in any jurisdiction