# Sponsoring SECOND partner - divorced first partner



## Amandy (Sep 16, 2009)

Hi all, 

I used to use this site in 2009/10 when I had sponsored my first partner. We have since divorced and I have remarried. I am now sponsoring my second partner. 

We will be applying offshore next month, but I just wanted to ask a few questions - even though I have done this before. 

Firstly, when I met my current partner, we'll call him Mr A, I was still married to my first partner, Mr X. Mr A and I became friends. I was already unhappy with Mr X, so I began 'dating' Mr A while I was still married to Mr X. 
Mr X and I separated in June 2012 and I moved in with Mr A in October 2012. 
What I want to know is: yes socially and morally, what I did was wrong, yes I cheated, but does the Australian Government care about morals etc.? I will be telling the 100% truth in my statement - but is cheating on my husband illegal? (It wasn't technically cheating, he knew about it).

Secondly, Mr A are now married with a child together, but I complete FIVE years since last sponsorship in June 2014, is a child compelling and compassionate circumstances?

Thirdly, Mr A is on a student visa, we will be going overseas to his country for a month and chose to apply there as the fee is cheaper. It is a high risk country so we are doing the Form 80 without anyone telling us to. When we return to Australia after our one month holiday, is it ok that he will do his medicals in Australia? Or because we applied overseas, he must do it there?

Any answers will be gladly appreciated.


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## ozzy (Jun 8, 2013)

And how do they know you wont cheat on your new partner and then separate once hes got his permanent residence, especially both being from high risk countries and the fact that your first husband knew this man too.
Sorry to ask but u need to be prepared for the questions immigration will ask.


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## Amandy (Sep 16, 2009)

ozzy said:


> And how do they know you wont cheat on your new partner and then separate once hes got his permanent residence, especially both being from high risk countries and the fact that your first husband knew this man too.
> Sorry to ask but u need to be prepared for the questions immigration will ask.


You make a good point, I wasn't even expecting that one! 
We have a child together, so that would make my current relationship stronger and less likelihood I'll leave.
Furthermore, I met my ex when I was 23, and I am now 28. Much more mature and level-headed now. 
Are they valid points do you think?


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## ozzy (Jun 8, 2013)

Amandy said:


> You make a good point, I wasn't even expecting that one!
> We have a child together, so that would make my current relationship stronger and less likelihood I'll leave.
> Furthermore, I met my ex when I was 23, and I am now 28. Much more mature and level-headed now.
> Are they valid points do you think?


Im sure you would be ok providing you have good evidence..im not sure about the 5 years tho im sure someone else can answer bout that one.


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## MarkNortham (Dec 19, 2012)

Hi Amandy -

My view is that your child with your current partner would be compelling and compassionate circumstances, and DIBP policy includes a specific reference to this in relation to Reg 1.20J which contains the 5-year regulation:

_7.2 Compelling circumstances affecting the interests of the sponsor

Under policy, compelling circumstances affecting the interests of the sponsor include instances where:

• the applicant and their sponsor have a dependent child who is dependent on each of them or

• the death of the previous partner or

• the previous spouse abandoning the sponsor and there are children dependent on the sponsor requiring care and support or

• the new relationship is longstanding._

Given the above, I believe with a properly written submission (don't assume that they will connect all the dots!) you have an excellent chance of getting a waiver for the 5 year sponsorship wait.

Re: medicals, these can be taken at any approved doctor/clinic that is convenient for the applicant at the time.

Re: Form 80 - is required now for all partner applications

Re: cheating, etc, I would not dwell on this in your statement - DIBP is interested in the evidence supporting your current relationship primarily - so make sure you've got plenty of that plus supporting statements from family/friends/etc. DIBP is not interested in punishing you for any past issues, but instead is looking to establish and assess the genuiness of your current relationship.

Hope this helps -

Best,

Mark Northam


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## CollegeGirl (Nov 10, 2012)

Amandy - 

Did your then-husband already have PR when your first marriage broke down (i.e., when you started seeing your second partner)? If he didn't, you would have been required to let DIAC know of your relationship breakdown. And if you didn't, that could be an issue. That's the only way I see that DIAC would care that you were dating partner #2 while still married to partner #1.


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## Amandy (Sep 16, 2009)

CollegeGirl said:


> Amandy -
> 
> Did your then-husband already have PR when your first marriage broke down (i.e., when you started seeing your second partner)? If he didn't, you would have been required to let DIAC know of your relationship breakdown. And if you didn't, that could be an issue. That's the only way I see that DIAC would care that you were dating partner #2 while still married to partner #1.


I was aware that could come up.

My then-husband got his PR in February 2012, I met my current partner in January 2012, but we became friends in February 2012 ( I can have male friends if I am married), and fell in love in June 2012, which is when I separated from my then-husband.

Yes it is a bit close, but I guess Immigration will see all the proof and hopefully it goes well.


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## Amandy (Sep 16, 2009)

MarkNortham said:


> Hi Amandy -
> 
> My view is that your child with your current partner would be compelling and compassionate circumstances, and DIBP policy includes a specific reference to this in relation to Reg 1.20J which contains the 5-year regulation:
> 
> ...


Thank you so much for your views Mark.

I am planning now to apply onshore as I feel that would be safer re: student visa and bridging visa etc. despite the extra cost.

One question Mark: His student visa expires mid next year but he has already completed his course, will the bridging visa A automatically go into play, or will we need to wait out the student visa?

Another question: Would he have full working rights on a BVA? (I know if he doesn't he can apply for financial hardship, however I am his sponsor on centrelink cos I have a newborn, so don't I have to say that I can afford to look after his expenses?) If you can explain this further.

Many thanks in advance Mark.


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## CollegeGirl (Nov 10, 2012)

Amandy said:


> Thank you so much for your views Mark.
> 
> I am planning now to apply onshore as I feel that would be safer re: student visa and bridging visa etc. despite the extra cost.
> 
> ...


BVAs come with full working rights these days. But the BVA won't kick in until his student visa ends on its own. And you definitely don't want to try to cancel his student visa or breach the conditions in any way - if you did that, it would also cancel the Bridging Visa A.


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