can I apply for de facto visa..?? plz suggest

[celesty]

hi all.. ,

I am an indian and my boyfriend is having australian citizenship , our marrig was fixed by our parents in sept 2008 whn we all met in a family function but sinc i was pursuing my studies that tym.. so we didnt tlkd up to april 2009. after completion of my final exam .. v strted tlking on phn for hrs.., chatting for hrs.., and sending gifts and cards... and all that., we are planning to get marrid by end of this yr. only and after that i wish to mov australia with him.., but the main issue is that he was once marrid b4 2 and a half yrs in australia although he is not having any contact with that girl from last 2 yrs so. he cant tak divorce yet........,

Now my qus is can he sponsor me..?? can i apply for de facto visa...

although we hav not lived together as u know that its not possible in my country but we are having hundreds of our pics... joint accounts .., letters..., greetings ..,bills.. telephn records..,emails..., our pevious chats ...., declarations made by more thn 50 of our family members & friends.., and many more things for proving our relation ship.... are they not sufficient to prove that our relationship is genuine ..??????


any suggestion is appreciated.....

celesty

[downundervisa]

Why can't your fiance get a divorce? If he's been apart from his wife for 2 1/2 years, and if he WANTS a divorce, he should be able to get one.

You appear to have no valid grounds for claiming you have a defacto relationship. What you have just looks like a long-distance fiance-fiancee relationship, and certainly the Department would look at it that way.....especially with your fiance being separated and not divorced.

[celesty]

just.. coz he dont know whr she is.. nd he is not having ny contact with her...

in such case can he file a divorc ..??

[downundervisa]

I'm not a lawyer, so please do not construe this as legal advice. I'm allowed to advise on Migration Law only.

But I will tell you that I went through a divorce once myself (long story!), where I could not locate my former-wife. I just needed to explain what efforts I had made to do this, and it was accepted. I'm sure your fiance can do the same thing. I didn't even use a lawyer, and it was very easy.

Once he does this and is free to marry, I'm sure from what you've said that you can apply for a fiance visa with not much difficulty.

[celesty]

oki.. can u comment on required tym span for all this divorc ..??/

cant he sponsor me.. b4 that .. ?

[downundervisa]

From memory, probably just a few months for the divorce. He should contact the Family Court of Australia for details.

And no, he can't sponsor you unless he is free to marry. Right now, he isn't.