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.
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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