My thai girlfriend and I have been in a de facto relationship for nearly 3 years. We hav a 18 month old son who was born in Thailand but has been granted Australian citizenship. I am an Australian citizen. We are currently in Australia but due to return in a few days before my partner's visitors visa expires.

When we get back to Thailand we plan to apply for a spouse visa to my partner so that we can return to Australia to marry and live together.

As I understand it we should not have major problems getting the visa as we have a well established de facto relationship which has already been recognised by the Australian Government, however there is an issue that I would love to get some advice on.

I am currently applying for a divorce from my ex-wife. There are no outstanding issues to prevent the divorce but it will be some time before it is finalised. Reading the visa application documents I cannot see any reference to a requirement that the sponsor for the spouse visa should be divorced from a previous marriage. It sounds crazy but Australian law recognised de facto relationships almost identically to marriages. While to get married when already married would be bigomy, there is nothing to stop you having a legally recognised de facto relationship while you are still married to somebody else.

Does anybody know if my girlfriend can apply for a spouse visa before my divorce is finalised?

Thanks

Jeremy

I did this years ago and I did have to show the divorce papers.

Your situation may be different as you have already been recognised in the relationship as per your current visa situation and in Oz, I presume she is on a tourist visa ?? And having a child and all with Oz citizenship makes things much easier.

Just remember one thing, whatever they ask for, provide double if you can, except for cash of course. But being a spy, I do accept doantions as spy pay is not all it is cracked up to be.

You may only need to provide documents that the divorce process is under way but yet to finalise.

I suggest you get an email for someone here and fire them off this question and get an exact answer. Then print the email and keep it on file. If you want someone to contact, I can get you an email....after all I am a dima spy but really I can, if you want.

I suggest you get an email for someone here and fire them off this question and get an exact answer. Then print the email and keep it on file. If you want someone to contact, I can get you an email....after all I am a dima spy but really I can, if you want.

Thanks for your very informative answer N&M. I will contact you separately re a contact email address.

Jeremy

Does anybody know if my girlfriend can apply for a spouse visa before my divorce is finalised?

Thanks

Jeremy

If you are applying for a Spouse visa as a de facto then no you wouldnt..

Does anybody know if my girlfriend can apply for a spouse visa before my divorce is finalised?

Thanks

Jeremy

If you are applying for a Spouse visa as a de facto then no you wouldnt..

Since N&M's reply has gone astray...I should clarify mine a bit....

Yes your girl can apply for a Spouse visa on a de facto basis before your divorce is finalised. because you have a dependant child from the relationship the usual 12 month requirement may be also waived...however this shouldnt apply to you, I have added it for other members.