Partner Visa Options for Those Awaiting Divorce in Their Home Country
Navigating the complex process of applying for an Australian partner visa while awaiting a divorce in your home country can be challenging. Many individuals find themselves in a situation where their previous marriage isn’t legally finalised, yet they are in a genuine, ongoing relationship with a new partner. If you are in this situation, continue to read on.
Understanding Partner Visa (Subclass 820/801 and Subclass 309/100)
Partner visas (Subclass 820/801 and Subclass 309/100) allow eligible applicants to live, work and study in Australia permanently while being in a genuine relationship with their Australian citizen, permanent resident (PR) or eligible New Zealand citizen. However, the process may be complicated if you are awaiting a divorce.
Types of Partner Visas
Do you Need to be Legally Divorced?
Legal divorce is not a mandatory requirement to apply for a partner visa. However, your visa application has to focus on demonstrating the legitimacy and commitment of your current relationship. For those waiting for their divorce to be finalised, you must address any potential concerns related to your previous marriage, such as ongoing legal obligations or responsibilities.
Related
Applying for a Partner Visa (Subclass 820/801) in Australia: Document Checklist
Can I get a Partner Visa if I’m not in a Romantic Relationship?
How do I Demonstrate Your Genuine Relationship?
To strengthen your partner visa application, supporting evidence of your relationship may include:
Joint bank accounts or financial statements
A written statement about your relationship timeline and your divorce progress
Documents of cohabitation, such as leases, utility bills, etc, in both names
Photos, communication logs, personal statements from friends and family
Client Testimonials
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Navigating the immigration law process may be difficult, so our former clients have agreed to share their experiences through telephone chats, emails, and in-person meetings.
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How Can Agape Henry Crux Assist
Ensure you provide any necessary legal documentation about the separation as part of your visa application to avoid potential delays or visa refusals, Agape Henry Crux can provide professional guidance with our Accredited Specialist Immigration Lawyers. The team specialises in handling highly complex matters. You may schedule an appointment with one of our solicitors to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
