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Can you apply for Australia Partner Visa if still married and cannot get a divorce?

Thu, Aug 08 2019

Can you apply for Australia Partner Visa if still married and cannot get a divorce?

Many clients have approached the Aptech Visa for applying for Australia Partner Visa. The problem is not they are eager to apply for partner visa Australia but in certain cases, they are still legally married to someone they cannot get a divorce. There are some countries where divorces are still illegal like the Philippines and the Vatican City but the love is very beautiful and surreal feeling which no one has control over. So, in such a case if the person is already married but is connected with some other person and divorce is illegal in their country, what they should do? However, an annulment is an alternative in countries where divorce is not allowed but is extremely costly.

In another scenario, some countries legalize divorce but due to certain circumstances couple cannot get divorced and still want to apply for a partner visa with a different partner. So, the question often arises that can people apply for a partner visa if they are still married and cannot get a divorce?

Well, the answer to this question depends upon the complexities of the situation. Legally, you cannot marry another person if your marriage is still valid. However, the Australian migration framework recognizes as ‘de facto partner visa Australia' for applying a partner visa application.

Get your free assement to know more about Australia partner visa

What is a ‘de facto relationship'?

Two persons who are not married to each other are in a ‘de facto relationship' if:

  • They are living and sharing life for the past one year and;
  • The relationship between them is of genuine and long-lasting nature and
  • They are not separated from each other for a long time and
  • They are not related by family

How to apply for Australia partner visa if still legally married?

Australia Migration Act 1958 states that no spousal sponsorship exists where the parties are ‘permanently separated' or ‘living separately and apart permanently'. This means that a party in marriage can enter into a de facto relationship if they can prove the immigration authorities that his/her marriage with their ex-partner is no longer in existence. You must provide the proof to the immigration authorities about your reasons or circumstances on why a divorce cannot be obtained.

Document your claim with as many proofs as you can so the department officials understand your concern. If you are in this type of situation and still want to apply for Partner Visa Australia, you may connect with our visa and immigration experts. We will help you with all the information you needed regarding the Australia Partner Visa and many more.

You may also like to read- Document Checklist to apply for Australia Partner Visa

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