Legally married to someone else and in a relationship with a new partner and want to apply for an Australian Partner Visa?

Sometimes we see clients who need a Partner Visa but their still married to their previous partner – yet that relationship has finished and for whatever reason, they’re not divorced. They are now in a new relationship with someone else and want to obtain an Australian partner visa.

The reason for not obtaining a divorce from a former spouse may be an inability to agree on the financial settlement from the divorce, or your former husband/wife won’t agree to a divorce, or there could also be legal barriers to getting a divorce in some countries; particularly for women

To qualify for a partner visa in Australia you need to be married to your Australian partner, or in a de facto relationship with them.

Under Australian law, you can’t be married to two different people at the same time.

Under Australian law, you can not get married to your partner if either of you is still married to other people, however, for migration purposes, your de facto relationship is recognised as long as the one married is legally separated from his/her spouse.

A partner visa can be obtained if either you or your partner can prove that the previous marriage/s has/have ended.

Evidence revolves around proof that parties previously married are living separately on a permanent basis, and that the relationship does not have the characteristics of a marriage.

However, under Australian immigration law, it is possible to be in a de facto relationship with your partner and have that de facto relationship recognised for migration purposes. This is possible even if you, or your partner, or both of you, are still married to other people.

Keystone Visa and Migration Services are specialists in the area of partner visa applications and are happy to assist you should you like further information.

For more information speak to our registered Australian Migration Agent on +61 468 838 899.