We are living a polyamory life since we were living in our country. My husband and I met someone in our country who supports and encourage this kind of relationship for he doesn't have a family of his own. Since, this kind of relationship is not accepted in our country my husband and I decided to migrate here in Australia. After a year of living here and being able to establish our selves, we decided that it's about time that he comes here in Australia. We have a deep emotional connection that leaving him on his own without us makes us feel uncomfortable and strained. It had been stressful for us. So we decided to apply him for a student visa so we can all be together. It has been 3 years since he has been here and his student visa might expire soon. Is it possible to apply him for a de facto visa? We have read through the requirements for a de facto visa and I think we qualify but the thing is I am married.
HelloAs. You are already married, unfortunately the option if getting on via de facto is not available to you. Immigration will look at that info that you already in a relationship and married.All that you do is convince immigration you are separated from your husband and now with the other. That will be very hard to prove. Please accept.
But why is it the Family Law Act 1975 Sect 4AA states that
(5) For the purposes of this Act:
(a) a de facto relationship can exist between 2 persons of different sexes and between 2 persons of the same sex; and
(b) a de facto relationship can exist even if one of the persons is legally married to someone else or in another de facto relationship.
Can you clarify this please.
HelloThis section if the family law act is simply to give rights for a property settlement where the married partner has an affair that would class as de facto, nothing more. You simply cannot use it in your context.Please accept.
Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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