I am not divorced. Can I still apply for a Partner Visa?

I’m still not divorced, can we apply for a Partner Visa?

From time to time we get this question and, well, this is an awkward one. If you’re not yet divorced, or if one party or both parties to the Partner Visa application have not had their divorce finalised, there may be grounds where you can still apply for the Partner Visa but this would be on ‘de facto’ grounds. For that to happen, you’d need to have been in a de facto relationship for 12 months BEFORE applying for the visa.

Do I need to be divorced within the period of waiting for the result of the Partner Visa application?

There’s no need to have the divorce(s) successfully processed through at any particular point as long as you can show you meet the 12-month de facto requirement.

Get a FREE copy of our Partner Visa Roadmap

Download our free Partner Visa Roadmap and use it to do a self assessment of where you are at in the process. Try filling out as much information as you can and see if you have everything that is required.

As this can be a complicated issue and every partnership situation is unique, we recommend you seek advice from a Registered Migration Agent to get the best advice for your situation. Feel free to post your comments below and we will do our best to answer them.


Please Note: This does not constitute immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.

  • Peter colee says:

    I always find your articles very informative and when we are ready l think we will make the trip to Perth to talk with your staff about it all

    • Avelyn Chen says:

      Thanks Peter, don’t worry you don’t need to make a trip to see us, we handle a large proportion of our cases online, using Skype. You can learn all about the process from the comfort of your own home.

  • Tamkin Nabi says:

    I am separated long time ago , I didn’t apply yet for divorce, I wanna do may be in 1 or two months , can I still apply for partners visa? Now

    • Avelyn Chen says:

      Hi Tamkin, yes you can, you don’t need to be officially divorced. You need to address this in the application however.

  • About the Author Emma Drynan

    I am the founder and principal migration agent at Freedom Migration. I am extremely passionate about uniting partners and families with their loved ones overseas. It might be because I’m the product of a partner visa family.

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