Partner visa question - existing wife

[sydunipete]

I am an Australian citizen. I've been separated from my (Australian) wife for a long time now but never got around to the actual divorce proceedings. In the mean-time I met a Swedish girl, I've lived with her in Sweden for 12 months and now we want to apply for a partner visa to Australia.

 

The visa says we must be in a relationship to the exclusion of all others, but it doesn't specifically say divorced and I can't get a straight answer out of the immigration help line.

 

I'm starting the divorce process now (which takes about 3 months) but we want to apply for the partner visa now. (I'm still married now, but will clearly be divorced long before the 10 to 14 months processing time is elapsed.)

 

Does anybody have experience, or know, if my current situation is a show stopper for granting a visa?

 

Obviously we could just wait until the divorce is through but a daisy chain of court / government processes is less than appealing.

 

Thanks in advance.

[Nemesis]

I am an Australian citizen. I've been separated from my (Australian) wife for a long time now but never got around to the actual divorce proceedings. In the mean-time I met a Swedish girl, I've lived with her in Sweden for 12 months and now we want to apply for a partner visa to Australia.

 

The visa says we must be in a relationship to the exclusion of all others, but it doesn't specifically say divorced and I can't get a straight answer out of the immigration help line.

 

I'm starting the divorce process now (which takes about 3 months) but we want to apply for the partner visa now. (I'm still married now, but will clearly be divorced long before the 10 to 14 months processing time is elapsed.)

 

Does anybody have experience, or know, if my current situation is a show stopper for granting a visa?

 

Obviously we could just wait until the divorce is through but a daisy chain of court / government processes is less than appealing.

 

Thanks in advance.

 

you don't HAVE to be divorced if you are applying on de facto grounds. You will need plenty of evidence that proves you are i a relationship with your new partner, and have been for soetime. You also need anything you can find that proves you and your wife are permanently serated - stff like proof of the date you last lived together, proof of where she is now, any legal paperwork removing her as your next of kin etc.

Personally I would be talking to a good registered agent to make sure you cover all bases the best you can, but the short answer is - yes, it can be done :smile:

 

(my info is based on a confidential chat with a very respected agent a couple of years back about a very similar situation, except that at that time BOTH parties were awaiting divorces!)

[GooseRenders]

I am an Australian citizen. I've been separated from my (Australian) wife for a long time now but never got around to the actual divorce proceedings. In the mean-time I met a Swedish girl, I've lived with her in Sweden for 12 months and now we want to apply for a partner visa to Australia.

 

The visa says we must be in a relationship to the exclusion of all others, but it doesn't specifically say divorced and I can't get a straight answer out of the immigration help line.

 

I'm starting the divorce process now (which takes about 3 months) but we want to apply for the partner visa now. (I'm still married now, but will clearly be divorced long before the 10 to 14 months processing time is elapsed.)

 

Does anybody have experience, or know, if my current situation is a show stopper for granting a visa?

 

Obviously we could just wait until the divorce is through but a daisy chain of court / government processes is less than appealing.

 

Thanks in advance.

 

Hiya

 

My partner in Aus was married, we applied for the visa last month whilst he and his ex were going through the divorce proceedings and informed the CO that we are waiting on the Decree document which he said is absolutely fine.