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.
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.
