VisaOneVisaOneVisaOneVisaOne
Menu
  • About Us – …
      • About Us

        Established in 2003, VisaOne has become Australia’s leading company in Australian visas and migration.

      • About Us – …
      • Client Charter – …
      • Media Centre – …
      • Careers – …
    • Close
  • Practice Areas – …
      • Employer Sponsored Visas

      • Temporary Skilled Shortage Visa – …
      • Employer Nomination Scheme – …
      • Regional Sponsored Migration Scheme – …
      • Government Bodies – …
      • Family Visas

      • Parent Visa – …
      • Partner Visa – …
      • Prospective Marriage Visa – …
      • Skilled Visas

      • Expression of Interest – …
      • Skilled Migration Visa – …
      • Skilled Graduate Visa – …
      • Other Visas

      • Student Visa – …
      • AAT-MRT – …
      • AgentSwitch Service – …
    • Close
  • Testimonials – …
  • Blog – …
  • Contact Us – …
  • 1300 619 977

  • Media Centre
  • Careers
  • Government Bodies
  • AgentSwitch Service
  • Employer Sponsored Visas
      • Employer Sponsored Visa Experts

        If you have an employer willing to sponsor you on a visa, then you may be eligible for an Employer Sponsored Visa.

      • 482 Temporary Skill Shortage Visa
      • Employer Nomination Scheme – OLD
      • Regional Sponsored Migration Scheme OLD
    • Close
  • Family Visas
      • Family Visa Experts

        Spouse, Partner, Fiance

        If you have a partner or spouse you would like to bring to Australia, you may be able to sponsor them over for permanent residency.

        Parent

        If you have a parent or parents that want to come and live in Australia, you may be able to sponsor them.

      • Parent Visa – OLD
      • Partner Visa – OLD
      • Prospective Marriage Visa OLD
    • Close
  • Skilled Visas
      • Skilled Visa Experts

        If you are looking to live and work in Australia and have a skilled qualification and/or work experience, you may be eligible for Skilled Migration.

      • Skilled Graduate Visa – OLD
      • Skilled Independent Visa – OLD
      • Skilled Nominated Visa – OLD
    • Close
  • AAT-MRT – OLD
  • Student Visa- old

Question: I am currently separated from my husband, but still legally married, and now in a new de facto relationship. Is it possible to get a spouse visa with my new Australian partner?

Complex situations involving past and previous relationships are actually quite common these days. Having worked previously for the Department of Immigration at the beginning of my career and privately consulting for over 13 years now, I think I can comfortably say, that I have probably encountered every possible complexity when it comes to relationships and navigating the migration legislation for clients.

So for this particular question, the short answer is yes it is possible.

There are some things to consider when trying to determine if you are going to be eligible to apply for an Australian Spouse Visa because you can easily stumble with an application and get a visa refusal.

Here are the 4 critical things you must consider in a married / new de-facto situation:

  1. What date did you and your husband officially separate?
  2. Do you have evidence of the separation?
  3. What date did you and your new de facto partner start a genuine committed relationship?
  4. Can you provide evidence of your new relationship?

The reason you have to know the above information is that the start date of your new relationship can only be recognized “after” the date of your separation with your husband.

This is crucial because you need to also have been with your new de-facto partner for at least 12 months in order to satisfy the de-facto relationship requirement UNLESS you have exceptional circumstances (such as a new child of your new relationship, or if you have been able to “register” your relationship with one of the Australian State/Territory government’s Registrar of Births, Deaths and Marriages).

If you have a complex situation and you’re not sure that you can navigate the legal requirements, then don’t risk trying to do it yourself.

Get help and contact us at [email protected] or 1300 619 977.

From the desk of Yuri Marshall | Changing Lives Everyday

Leave a Comment

Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Most Popular Posts

The 2-Year Work Myth | 457 to Permanent Residency

The 12-Month Relationship Myth | Partner Visas

457 Training Benchmark Simplified

How do I know if my business is eligible to sponsor?

Attention Employers | Important Info for 457 Employers

Recent Posts

  • VisaOne: Case Study Series | Partner Visas and the Pandemic
  • New Labour Market Testing Requirements
  • Australia to target ‘super talent’ in post-COVID-19 migration push
  • Resident Return Visa (Subclasses 155 and 157)
  • Schedule 3 Criteria Waiver

Recent Comments

  • VisaOne on Am I eligible to sponsor my partner for a Partner Visa?
  • Alfio Musumeci on Am I eligible to sponsor my partner for a Partner Visa?
  • VisaOne on Avoid trouble when changing employers
  • Isis on Avoid trouble when changing employers
  • Vikas Salaria on Austria or Australia: Where Should You Migrate?

Archives

Categories

  • Blog
  • News

  • You may also like

    How To Spot An Unreliable Migration Agent

    Read now
  • You may also like

    DIBP closes Non-Contributory Parent and other Family Visas

    Read now
  • You may also like

    DIBP will accept alternative English language tests for Visa Applicants

    Read now
  • You may also like

    Visitor e600 Visa extends to 66 additional countries and territories

    Read now
  • You may also like

    Top 10 Most Wanted Occupations for Australian Migration

    Read now
  • You may also like

    What is Ebola Virus, and why are people afraid of it?

    Read now
  • You may also like

    2014 Queensland Small Business Week

    Read now
  • You may also like

    Rights and Obligations for Overseas Workers

    Read now

About Us

  • About Us
  • Blog
  • Testimonials

Find us on:

Terms of Service

  • Code of Conduct
  • Disclaimer
  • Privacy Policy

Visa Types

  • Employer Sponsored Visas
  • Skilled Visas
  • Family Visas
  • AAT-MRT

CONTACT US

PHONE:
Australia: 1300 619 977
International: +61 7 3181 5588

EMAIL:
[email protected]
HEAD OFFICE:
Level 54, 111 Eagle St, Brisbane QLD Australia 4000
Copyright 2020 VisaOne Pty Ltd | All Rights Reserved | Phone: 1300 619 977 | ACN 154 513 345 | ABN 96 154 513 345 | MARN 0320165 | MARN 1800051 | MARN 0636079 | MARN 2015072
  • About Us
    • About Us
    • Client Charter
    • Media Centre
    • Careers
  • Employer Sponsored Visas
    • Temporary Skilled Shortage Visa
    • Employer Nomination Scheme
    • Regional Sponsored Migration Scheme
    • Government Bodies
  • Family Visas
    • Partner Visa
    • Parent Visa
    • Prospective Marriage Visa
  • Skilled Visas
    • Expression of Interest
    • Skilled Migration Visa
    • Skilled Graduate Visa
  • Other Visas
    • Student Visa
    • AAT-MRT
    • AgentSwitch Service
  • Blog
  • Testimonials
  • Contact Us
VisaOne