Partner Visas where a Divorce is not an Option

Lodgement of a partner visa in Australia can be very problematic for citizens of the Philippines and other countries where no civil divorce is available, until an annulment is obtained which is generally a very time consuming and expensive process.

However, after 12 months of being ‘ordinarily residents’ of Australia with a valid temporary visa, an application for divorce can be filed under the Family Law Act. The divorce may not be recognised in the Applicant’s country of origin but it will make the person free to marry in Australia.

http://www.federalcircuitcourt.gov.au/howdoi/html/applying_divorce.html

The judicial interpretation of “ordinarily resident” is that a person must be habitually or normally resident in Australia, apart from temporary or occasional absences of short or long duration.  The definition refers not only to the place where a person is, ‘taking into account their physical residence’, but also on the person's intention ‘to make that place their home’.

 
At Nevett Ford we have Accredited Specialists (as certified by the Law Institute of Victoria) in both family law and immigration law to help you achieve your migration goals.