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