A Partner Visa while still Married to someone else


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Can a Partner Visa be issued before a Divorce has been Granted.

Sometimes an Australian meets a foreign partner and they wish to move to Australia with a Partner Visa, but the foreign partner is not yet Divorced.

Is it possible to do this?

Yes.  It is not normal, but yes, there is a way. Some people in that situation do get granted a partner visa.

A partner visa is available to those in a relationship. It does not need to be a marriage.

Australian Immigration law does not require people to be married to be able to apply for, and be granted a Partner Visa.


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The foreign partner will need to prove separation, to the satisfaction of the immigration officer that decides the application.  It needs to be conclusive that the previous relationship has ended.

It may be best to use a migration agent in this situation. I would be hesitant to do it myself in those circumstances.

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