Partner visas allow the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to enter or remain in Australia. The partner visa applicant is initially granted a temporary visa, and is eligible for permanent residency if the relationship still exists after a two-year waiting period.
The visa applicant and sponsor had never lived together.
The visa applicant was legally married to his ex-wife as divorce in the Philippines is illegal. The applicant was living and working in Saudi Arabia, which meant the Australian sponsor could not relocate for cultural and personal reasons.
The sponsor could not relocate to Saudi Arabia due to the following –
- It is illegal for unmarried couples to live together in Saudi Arabia, and
- She was concerned with her career opportunities in Saudi Arabia and the susceptibility of women to abuse by the authorities.
s5CB(2)(c) of the Migration Act which requires the partners not to be living separately and apart on a permanent basis.
Our clients partner visa application was approved.