Going through a divorce is never easy, but finding love again can offer a fresh beginning, especially when it leads you to Australia. If you were previously married and are now in a committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, you may be eligible to apply for a partner visa to live in Australia. However, if your past includes a legally dissolved marriage, it’s important to understand how that impacts your current application process. The Department of Home Affairs considers your relationship history seriously while assessing applications for the Australia Partner Visa and Australia Spouse Visa. Applicants must prove that their previous relationship has legally ended and that their current partnership is genuine and ongoing. Divorce does not disqualify you, but it does require additional clarity, honesty, and documentation. Whether you apply from within Australia or from overseas, understanding the specific requirements after divorce is crucial for a successful outcome.
This blog is written under the supervision of a MARA-licensed migration expert, ensuring that all the information is as accurate and reliable as possible. In the sections that follow, this blog will provide a complete explanation of the Australia Partner Visa and Australia Spouse Visa subclasses (820/801 and 309/100), how a previous divorce affects your eligibility, what documents you must provide, how to prove the legitimacy of your current relationship, and how you can avoid common mistakes that often lead to visa refusals.
Understanding the Australia Partner Visa and Australia Spouse Visa Pathways
Australia offers two major visa pathways for individuals who are in a married or de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. These are commonly known as the Australia Partner Visa or Australia Spouse Visa, and they are divided into two streams: onshore and offshore. If you are living in Australia at the time of your application, you can apply for Subclass 820, which is the temporary onshore visa. Once you have held this visa and maintained a genuine relationship for a specific period, usually two years, you become eligible to apply for the permanent stage, which is the Subclass 801. On the other hand, if you are living outside Australia when applying, your application falls under the Subclass 309 (temporary) visa. Upon approval and completion of the required duration and assessment, you may be granted the Subclass 100, which is the permanent visa for offshore applicants.
Both the onshore and offshore streams follow a two-stage process- temporary first, then permanent, but they are applied for simultaneously. These visas allow you to live, work, and study in Australia while your application is being processed and eventually offer a pathway to permanent residency. A previous divorce does not disqualify you from applying for either visa subclass, but it must be legally finalised and supported with proper documentation. Regardless of whether you apply onshore or offshore, the most important factor is proving that your current relationship is genuine and not simply for migration purposes.
How Previous Divorce Impacts Your Partner Visa Application?
A prior divorce adds complexity to your Australia Partner Visa or Australia Spouse Visa application, but does not prevent you from applying. The key factor is whether your divorce is legally finalised and well-documented. The Department of Home Affairs requires full disclosure of your previous marital status. If you are currently divorced and now in a new relationship with an Australian partner, you will need to provide evidence that your previous marriage has legally ended before lodging your visa application. This involves submitting a legally recognized divorce decree or certificate issued by the court. If the divorce was granted outside Australia, the document must be translated into English and certified according to Australian standards.
Immigration authorities need to be assured that you were free to enter your new relationship, and that this relationship started after your previous marriage ended or during a legal separation period. When assessing your application, case officers examine timelines to determine whether any overlap exists between your previous and current relationships. If it appears that your current relationship began while you were still legally married, even if separated, the application may be questioned. It is also important to demonstrate emotional and financial separation from your previous partner and to prove that your new relationship is exclusive, long-term, and genuine. Applicants who can present a clear, honest, and well-documented relationship timeline, starting from the end of the divorce to the beginning of the new relationship, stand a much stronger chance of success when applying for the Australia Partner Visa or Australia Spouse Visa.
Essential Documents You Need to Submit After a Divorce
When applying for an Australia Partner Visa or Australia Spouse Visa after a previous divorce, submitting accurate and complete documentation is absolutely essential.
- One of the most important documents is your divorce certificate or decree absolute from a family court. This is the legal proof that your previous marriage has ended, and it allows the Australian government to recognise your eligibility to enter a new marital or de facto relationship.
- In addition to the divorce document, you will need to provide strong and consistent evidence of your current relationship. These can include shared financial responsibilities such as joint bank accounts, lease agreements, utility bills in both names, or evidence of joint travel and communication over time.
- If you have children from your previous marriage, you must submit custody orders or signed consent forms from the other parent, particularly if the child will migrate with you. These forms show that you have legal authority to include your children in your visa application.
- If you are married to your current Australian partner, you will need a valid marriage certificate. If you are in a de facto relationship, you must prove that you have lived together for at least 12 months and have shared a genuine domestic life.
- The Department of Home Affairs also considers social aspects of your relationship, such as letters from friends and family, photos, or social media history, to ensure it is genuine. Without proper documentation, even a genuine relationship may be rejected during the Australia Partner Visa or Australia Spouse Visa evaluation process.
Proving a Genuine and Ongoing Relationship Post-Divorce
Proving that your current relationship is genuine and ongoing is the most critical part of applying for the Australia Partner Visa or Australia Spouse Visa, especially if you have previously gone through a divorce. The immigration department expects transparency about your past while also requiring convincing evidence about the strength and seriousness of your current relationship. You need to clearly show how and when the relationship began, how it progressed over time, and how committed both partners are to a shared future. After a divorce, it becomes even more important to demonstrate that the new relationship did not start as a rebound or for the sake of migration. The Department of Home Affairs will look at several aspects of your relationship, including financial commitment, social acceptance, mutual support, and long-term plans.
You should include details of how you share daily responsibilities, how you make joint decisions, and what plans you have for your future together. For example, evidence of joint travel, attending family events together, owning property jointly, or being beneficiaries in each other’s wills can significantly strengthen your application. Any gaps or inconsistencies in your relationship timeline, especially if they overlap with your previous marriage, must be explained honestly and with supporting evidence. Failing to do so can raise doubts and result in delays or even visa refusal. Therefore, after divorce, proving a genuine and exclusive bond with your current Australian partner is central to getting approval for your Australia Partner Visa or Australia Spouse Visa.
Common Mistakes Applicants Make After a Divorce
When applying for an Australia Partner Visa or Australia Spouse Visa after a divorce, many applicants make avoidable errors that can negatively impact their case.
- One of the most common mistakes is failing to provide a legal and final divorce certificate. Some applicants wrongly assume that living separately or having informal agreements is enough, but Australian immigration law requires official legal documentation to confirm the end of the previous marriage.
- Another frequent error is not being fully transparent about the timeline of relationships. Any indication that your new relationship overlapped with the previous marriage, without adequate explanation, may lead to suspicion that the current relationship is not genuine. Honesty and clarity in your statement of relationship history are essential.
- A third major mistake is providing weak or inconsistent evidence of the current relationship. Simply uploading photos or brief messages is not enough. Your application should be supported by a comprehensive story of how the relationship developed, backed by joint financial commitments, shared household responsibilities, and emotional support.
- Some applicants also neglect to provide third-party declarations statements from family and friends who can confirm your relationship is real. Additionally, failure to address custody matters for children from the previous marriage can lead to complications, especially if those children are included in the application.
- Lastly, not consulting a professional migration agent leads to misinterpretation of visa criteria and documentation requirements. To avoid refusal, applicants must submit a well-prepared, transparent, and thoroughly documented case for the Australia Partner Visa or Australia Spouse Visa, especially after a divorce.
How West Highlander Can Guide You After Divorce?
Applying for an Australia Partner Visa or Australia Spouse Visa after going through a divorce can be an emotionally and legally complex process. This is where West Highlander Immigration comes in. Our director, Ms. Parwinder Kaur, is a MARA-licensed immigration adviser (MARA number 1280308). With years of experience handling complex partner visa cases, including those involving previous marriages and custody matters, Ms. Kaur and her team provide complete and personalised guidance. We assist you in preparing relationship documents, timelines, legal certificates, and statements that truly reflect your genuine story. Our expertise ensures that your application is not only complete but also compelling. Whether you are applying for the Australia Partner Visa or the Australia Spouse Visa, West Highlander is committed to helping you build a new life with your partner in Australia- honestly, legally, and professionally.