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.

      • Gibson says:

        I married Australian woman in 2015, Got her dependant pass and later citizenship of my country. We have separated for about 3 years now. Can I apply fir 309/100 visa?

        • Emma Drynan MARN0960361 says:

          Hi Gibson, can you confirm if you are in a relationship with an Australian Citizen or Australian Permanent Resident?

  • 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.

  • Kawei says:

    Thanks for keeping us updated.
    I do have a question, what are the new changes made on partner visa applicants?


    • Emma Drynan MARN0960361 says:

      Hi Kawei, there has been updates throughout the years. Note that those changes may affect or may not affect your application, depending on which application are you applying for. May we ask if you are applying for an onshore application or offshore application?

      • Kawei says:

        Hi Emma,
        Thank you very much for your kind response.
        I would like to apply for an onshore application.

        • Emma Drynan MARN0960361 says:

          Hi Kawei, you are most welcome! I’d love to help and assist. You can book a Visa Consultation with me so we can determine if applying onshore is the most suitable visa path for you and your partner.

          And just to give you a brief overview of the Visa Consultation, we’d talk about you, your partner, and your love story. From there, we will determine the best visa paths you can take and I’ll provide you with more information on how best you can move forward.

          To book a Visa Consultation with me, click the link below or give our office a call at 07 3063 1200. Our Happiness Coordinator, Kaitlyn, will answer the phone and will assist you with the booking. Hoping to chat with you soon.


  • Ria Maynard David says:

    Hi if am not yet divorced but lives with someone else n is going up with d person am living presently with will that affect me getting my visa

    • Emma Drynan MARN0960361 says:

      Hi Ria, this seems like a complex matter which we feel is best discussed in private. Please give us a call at 07 3063 1200.

  • Komang says:


    Just wondering is this partner or de facto visa will be guaranty granted by the Australian immigration without attaching any divorce letter as evidence?

    As I looked up into migration website & had heard from a few of my friends who had organised the partner visa recently. The best way to do by divorce with the current husband as well as get married with the new partner.

    Can u pls ecplain as I wpuld like to jo fruther info from u.

  • Nice says:

    Hi! How are you? My partner and I currently living together in Singapore for 5 yrs now, he is a New Zealand citizen. But he’s not divorce yet to his ex wife. Is it possible to apply a partner visa for us? And what is all the requirements? We don’t have joint bank account though.

  • Brian Jonas says:

    Hi I have a partner that wants to get engaged to me but have to wait another 6months to file for divorce from my ex partner my new partner is from Arkansas USA and I am from Australia wanting to move to USA to be with my new partner can I still apply for a partner visa

  • Bee Stoltzfus says:

    Hi I live in US and have been talking to an Australian gentleman for over three yrs now . I had a visit recent for 2 weeks with him and I plan on relocating there with him in the next 7 months . His divorced isn’t finalized. My question is how can I get a partner visa or what would you suggest.

  • Balwinder Bhullar says:

    can my girlfriend apply for prospective marriage visa as i m not divorced with my ex in Australia. I m currently living in India .i have being separated with my ex since from 7 years.

  • Aruna singh says:

    Hi I’m a new Zealand citizen and my not yet divorced but I am applying under partner ship visa with my defacto partner can this work

  • Fozia says:

    Hi I’m not divorced but we are separated can I apply Partner visa for uk

  • Rumila says:

    I’m from the uk and I have recently filed for a divorce from my ex but I got married to my husband about 4 months ago in Bangladesh but can I apply for a spouse visa for my husband now while the divorce is still on going

  • Steve says:

    My girlfriend is a Filipina. We have a child together and have been in a relationship for 8 years . I would like to get her to the UK but she is still officially married although the marriage was violent and she ran from it. She cannot get a divorce in the Philipines. I bought her land in the Philippines and set her up on a different island but I would like to get them both to the UK . What are my chances .

    • Emma Drynan MARN0960361 says:

      Hi Steve,
      It’s best to speak with a Migration Agent well-versed in the UK Migration Law.

  • Tara says:

    My husband is an australian.And he is divorce and has a child.I am his scecond wife.we’ve married since 5.5years.But he said that he can’t apply for me at australia for his divorce.He is not eligable to apply for me,Is it true?

  • 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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