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.

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.

IMPORTANT: 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.

  • ivy says:

    i have separated for almost 4yrs not yet devorce, is there any chance to for to get de facto visa for my partner?

    • Emma Drynan says:

      Hi Ivy, There is a possibility but its not as straight forward as other applications, give us a call on 07 3063 1200 and we will be able to help.

  • Ella says:

    Hello, Im just a bit confused. Me and my Partner been living together for almost 7 years. We are both Married but not yet divorced back in our country of origin so technically we are legally married to our previous partners. Currently we are working overseas. My partner was offered a job in Australia and he wanted me to bring along with him and planning to apply a De Facto visa. Is this possible? We can provide supporting documents to prove that our relationship is genuine and will still continue.

  • Sophiya says:

    Hi Avelyn. I know you’ve answered it already, however still wanted to confirm if it’s the same for my situation as well. My partner hasn’t applied for his divorce and it’s a joint application and hence his final hearing is in December this year and we have been in a relationship for 13 months and registered our de facto relationship as well in the state. When do you suggest should we apply for our partner visa?
    Thanks in advance.

  • RV says:

    In applying de facto visa 820 there is a page which the applicant need to upload a proof of divorce paper or separated? What if im not divorced with my ex husband? But we are already separated for almost 4 years, what proof can i upload? Please answer thanks

    • Emma Drynan says:

      Hi RV, great question! This is something we’d like to discuss with you in detail. Please give us a call on 07 3063 1200.

  • Lucy says:

    Hello, what if your partner is not divorced when you’re applying for 801 visa? Thank you

    • Emma Drynan MARN0960361 says:

      Hi Lucy, thanks for reaching out to us. It can be a yes or a no based on your specific circumstance. Can you give us more information?

      Give our office a call at 07 3063 1200.

  • About the Author Emma Drynan MARN0960361

    Emma is the founder and principal migration agent at Freedom Migration. She is extremely passionate about uniting partners and families with their loved ones overseas. It might be because she's a product of a partner visa family.

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