Defacto relationship while still legally married

[Bradleyjoseph]

Hi all 

first time poster here

my girl friend and I have been in a relationship since November 2017, we were living together as a couple since start of Jan 2018. Previously she was married ,She has been separated for More than 2 years prior to us starting our relationship. She has left Australia at the start of feb 2019, To finalise her divorce from her ex, which. Was granted on the 25th feb 2019. 

Now my question is that , can we apply of a partner visa since we were living together for more than a year prior to her leaving although she was still legally married  to some one else ? Or Will immigration only view the clock commencing form the Date of her divorce?

if that is the case would a prospective marriage visa be the best option ?

[Marisawright]

I believe this has been asked before.

The onus is on you both to prove a genuine de facto relationship.  That means "the equivalent of marriage".    The problem is that if she was still married and making no effort to get a divorce, that's strong evidence that she wasn't fully committed to forming a new marriage (or equivalent thereof).   It wouldn't matter how much evidence you submitted of co-habitation, it's hard to see how Immigration could look past that.

Edited May 5, 2019 by Marisawright

[ali]

I'd get some advice - I did a google search it does suggest that you can apply if even if your partner is still married but legally separated.  Run it past an expert to be sure

[Marisawright]

3 minutes ago, ali said:

I'd get some advice - I did a google search it does suggest that you can apply if even if your partner is still married but legally separated.  Run it past an expert to be sure

I agree, I think the problem would be that the clock would only start ticking once she initiated the divorce.

[Bradleyjoseph]

Thank you very much for your reply’s, I will as suggested go to see a specialist for advice,  I will post the advice given for future reference.

[Nemesis]

9 hours ago, Bradleyjoseph said:

Thank you very much for your reply’s, I will as suggested go to see a specialist for advice,  I will post the advice given for future reference.

Advice given to me about 10 years ago by a very respected agent. It is possible to count de facto time if you are living together but both still married to other people. A de facto relationship does not require either (or both) partners to be divorced, or even yo have filed for divorce,  as there is no requirement to be free to marry (as there would be with a PMV). Defiitely not a DIY job though, you need a good agent. 

There are many reasons why people do not file for divorce - religious belief being one, complications with pensins nd finances can be another. Doesn't mean they are necessarily less committed to the new relatonship

[paulhand]

1 hour ago, Nemesis said:

Advice given to me about 10 years ago by a very respected agent. It is possible to count de facto time if you are living together but both still married to other people. A de facto relationship does not require either (or both) partners to be divorced, or even yo have filed for divorce,  as there is no requirement to be free to marry (as there would be with a PMV). Defiitely not a DIY job though, you need a good agent. 

There are many reasons why people do not file for divorce - religious belief being one, complications with pensins nd finances can be another. Doesn't mean they are necessarily less committed to the new relatonship

This advice remains current ... but needs to be properly addressed in the application.