NSW Can Husband's Ex Apply for De Facto Visa?

[Chidal]

I was married around 11 years, and my husband and I separated in 26/11/14. We got back together in 10/05/2015, living in diferents houses. But we go out together, we exchange love emails and messages and now we have started to build a business together.

The problems is, in February he had a girlfriend and she lived with him in his home. Since May, they lived like flatmates. She pays half of the bills (rent, eletricity) and have her own bedroon.

My husband and I were still married. We did not separate in the paper or got divorced.

My question is, does she have a chance to try to apply for a de facto visa? I am afraid of that. He ask her to leave the house, but she never found another place and in now inconvenient for her leave the place. We think she will frame him with visa papers.

Please, is it possible for her to apply for a visa using my husband's name?.

 

[Therese]

Hi Chidal,

It is my understanding that in Australia you cannot be married and in a de facto relationship at the same time. Therefore for his ex-girfriend to apply for a de-facto relationship with him as the sponsor it would be very difficult. There are some extreme circumstances where after a relationship has ended that she could still apply however I would think these would not be relevant.

For your husband to sponsor her - he would have to agree and fill out the required forms. It is not something she could do behind his back.

For further information see Partner visa (subclasses 820 and 801). Also if you have further questions I would suggest getting in contact with an immigration expert see Get Connected with the Right Lawyer for You.