# De-factor Partner Visa - married but not legally separated sponsor



## BabyAussieComin2012 (Aug 5, 2011)

Hi everyone,
Hope someone would be able to help.

I originally came from the Philippines and moved to Australia back in Oct 2008 under 457 visa (employer sponsored working visa). Since there's no divorce in the Philippines and annulment is too expensive, I am still married but separated wih my husband since March 2008. The separation was the reason I decided to work abroad... to move on....

March, this year, my permanent residence visa (employer-sponsored too) was granted. In the application, I have submitted a Statutory Declaration that I am separated, reason why the ex-husband is not migrating with me.

Since June of 2009, I fell in love  with a fellow 457 visa holder and we started living in together in November 2009 until now. 2 months ago I found out that I was pregnant and my baby is due to come out early 2012.

My question is, would I be able to sponsor him a partner visa even if I am still married, because there's no divorce in the Philippines... ??? Would having a baby (in addition to our statements and friends') enough proof for a genuine and continuing relationship?

Edit:
I have no child with the former relationship. and sorry I could no longer edit the title, should be de-facto


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## SarahM (Feb 8, 2011)

Hi,

You can definately still sponsor your current partner for the partner visa. This topic has already been discussed on a thread by aussiegirl:
http://www.australiaforum.com/visas...hile-still-married-clearing-up-confusion.html
_(I strongly suggest you bookmark this link and keep it to refer back to if you need it later)
_
Aussiegirl went through the same situation as yourself, read her whole post, in particular note this:

_It clearly states in PAM 3: DIV1.2/REG1.15A section 5 "Regulation 1.15A(2) - De facto spouse relationships" that *it is possible to satisfy the criteria even though still legally married if they can satisfy the CO that they are permanently separated from that person. *It also references section 11.3 as to what criteria should be met to show the de-jure relationship has ended. And it says, as I realised, in 11.3.3, 11.3.4 and 11.4.1 that there is nothing in regulation 1.15A that requires parties to divorce in order for the spouse relationship to have ceased and that they need only be living separately and apart on a permanent basis (as is the case for my partner)._

You don't need to be divorced, you just need to prove that you live separately from your husband on a permanent basis, which will be easy for you to prove. The fact that you have a child with your current partner helps too.


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## BabyAussieComin2012 (Aug 5, 2011)

Thanks Sarah,


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## SarahM (Feb 8, 2011)

You're welcome, all the best and congratulations for your upcoming baby


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## BabyAussieComin2012 (Aug 5, 2011)

yeah, so excited too... thought I'd never be a mum. 

and oh I noticed your timeline, application and approval all happened in the same day???


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## SarahM (Feb 8, 2011)

BabyAussieComin2012 said:


> yeah, so excited too... thought I'd never be a mum.
> 
> and oh I noticed your timeline, application and approval all happened in the same day???



Oh no, it's my husband the applicant actually but his visa hasn't been granted yet, see it say's at the bottom, visa granted: __ .
But he gave in his medical check and police check on the same day though.
Good luck with your application


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## BabyAussieComin2012 (Aug 5, 2011)

SarahM said:


> Oh no, it's my husband the applicant actually but his visa hasn't been granted yet, see it say's at the bottom, visa granted: __ .
> But he gave in his medical check and police check on the same day though.
> Good luck with your application


hahaha, yeah didn't see that.
Thanks, I will let you know!


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## znuff007 (Jan 26, 2011)

? i disagree ... two people on 457 business visa's are reliant on the company they are working for ... how can either of them sponsor the other? ..and how the .... can you have a partner visa with a different person who is not your husband/wife? ... last i checked polygami is not allowed in australia. ..anyway thats just my opinion. 

i guess you can have a defacto relationship ... but thats a different kettle of fish all together mmm .. i still think 457 are BUSINESS VISA's ... if you stop working for this company you have to leave australia or get a different visa.

not to mention the 12month requirement of living together etc...


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## dusty_springfield (May 19, 2011)

znuff, I think u missed few babieassuie's words .. _"March, this year, my permanent residence visa (employer-sponsored too) was granted"_ .. She's PR and her partner is subclass 457, even not divorce but can apply for de facto adding her baby coming soon so can see the genuine relationship here.

Congrats babieassuie.

Cheers


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## voebe (Apr 15, 2011)

You can be in a defacto relationship with someone who is legally married but seperated. Im sure if the OP could get a divorce from her husband she would but clearly in this circumstance she cant.

As long as she can clearly demonstrate being in a genuine and commited relationship with the father of her baby. The married thing is just a technicality.

It is in no way bigamy because the new couple is not married.


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## BabyAussieComin2012 (Aug 5, 2011)

Hi, I'm back. Thanks for all the response, much appreciated.
We haven't filed the partner visa yet, as his employer might sponsor him a PR visa. If not, could be next year when the baby is born.

One more question, which may be a little bit off-topic.
We want to get his mum to come over here on parents visitor/tourist visa so she would see the newborn and have a little tour in Oz too.

Would I be eligible to co-sponsor his mum, even though we're on a de-facto relationship? I was thinking I am not eligible because I am not a direct relative.

Thanks again in advance.


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## dusty_springfield (May 19, 2011)

Hi BabyAussieComin2012,

I agree with you, you're not eligible to co-sponsored his parents under sponsored visitor visa. They can apply tourist visa 676 and you guys provide the invitation and supporting letters.

Cheers,


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## BabyAussieComin2012 (Aug 5, 2011)

Thanks Dusty! Yeah, we'll be applying for the tourist visa 676 probably early January.

And also, thanks again to everyone who helped me in this forum. My partner is now on the process of his PR visa application, employer sponsored, so we no longer have to go through the long process of getting a partner visa.

And BTW, her name would be Irish Andrea, yeah she's a baby girl. excited to be mum!
Cheers!


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