Can a Divorced Person Sponsor a Partner Visa in Australia?

In short, a divorced or separated person can sponsor their partner for an offshore or onshore partner visa under current Australian migration laws.

Divorced Sponsors

The Department of Home Affairs (‘DOHA’) requires applicants and sponsors to provide sufficient evidence that they were in a genuine and committed relationship to the exclusion of all others for 12 months before lodging the visa application.

Divorced sponsors must provide a divorce order if their divorce has been finalised in Australia.

Divorces finalised overseas are recognised in Australia if the divorce was affected in accordance with the laws of another country.

Divorced sponsors can register the relationship with their new partner and use the relationship certificate in the visa application as evidence of the parties’ commitment to one another.

Separated Sponsors

In circumstances where the sponsor is separated (but not divorced) from their spouse, they must provide evidence of their separation, such as separation agreements, any relevant court orders or a statutory declaration explaining their marital status.

Of note here is that separated sponsors cannot register their relationship with the visa applicant and may be required to provide substantial evidence to prove their commitment to their new partner.

Evidence of a Genuine Relationship

Along with either a divorce certificate or evidence of separation, there is an extensive list of documents and/or evidence that must be provided to DOHA to substantiate a de facto relationship with the visa applicant to meet the relationship criteria set by the Migration Act 1958 (Cth).

Such evidence must comprise the following four pillars of a relationship:

Nature of the household;
Nature of the relationship;
Financial aspects of the relationship; and
Social aspects of the relationship.

Sponsors and applicants are also required to disclose all past relationships, any continuing obligations, and their commitment to each other in the visa application.

Contact Us

In summary, a divorced person can sponsor their partner visa in Australia as long as they meet the eligibility requirements.

Preparing a partner visa application can be a complicated process when a sponsor is either divorced or separated, particularly when ensuring that all relevant information is disclosed to DOHA at the time of application, as well as managing any requests for information received from DOHA.

For expert assistance with your partner visa application, contact our experienced migration team.