sponsor still married

Even if one party is still married to their ex-partner, a partner visa with a new spouse/partner is still possible. 

Whilst the requirement of the partner visa is that the spousal or de facto partner relationship be ‘mutually exclusive’, the partner visa can still be granted if one party remains married to their ex-spouse/partner. The partner visa can still be granted if one has not divorced their ex-spouse yet. The situation can be complicated and it requires a professional to assess the situation and advise of the best pathway forward. We recently received this case and we miraculously obtained a partner visa grant within 6 weeks. The Sponsor of this case claims to have separated from his ex-wife for many years but failed to obtain a legal divorce to protect the interests of their young child. 

Partner Visa


The Sponsor claims to have separated from his ex-wife many years ago and did not obtain a legal divorce as they did not want their young child to know. The Visa Applicant was the same but was able to obtain a legal divorce recently. 

We had advised the client the specifics of the legal requirement and that nothing prevented a partner visa to be granted to them as a result of their new relationship. However, we did advise the Sponsor to obtain a legal divorce soonest possible. 

Nevertheless, without any further request for supporting evidence from the Department, we again achieved the partner visa for our clients in record speed (6 weeks). The Sponsor did not even have to finalise his divorce yet. 

We got them the partner visa granted within 6 weeks.

Difficulties with this case

Many people will be advised that they must be in an exclusive relationship for the partner visa so if they are still married to another person the partner visa will not be successful. However, the case officer is required to look at the circumstances of the case to determine whether ‘exclusivity’ can be met. As such, even if one or both parties are still married to their ex-partners, the partner visa can still be granted. 

The case of Cabsari (Migration) [2021] AATA 1432 (13 May 2021) addresses this. A summary of this case is available here: Polygamous marriages within partner visas 

In this case, we prepared legal submissions for the Sponsor and the Visa Applicant to address the reasons in the delay for the Sponsor to obtain a legal divorce with his ex-wife and how the relationship between the Sponsor and the Visa Applicant is indeed genuine, continuing and exclusive. 

A very thorough application was prepared on our client’s behalf and the Department accepted their case without further questions. Consequently, their partner visa was granted within 6 weeks. 

You can get in touch with us to discuss further: Book a Consultation 

    Tell us about your issue, we are here to help you


    J T
    Partner visa granted - 6 weeks - Sponsor's divorce to ex-wife not finalised yet

    Partner visa granted – 6 weeks – Sponsor’s divorce to ex-wife not finalised yet

    My personal view is always results speak louder than how good my praises of a person. My partner has obtained her temporary partner visa subclass 820 in 6 weeks (1.5 month) and Adele was our legal representative. Adele has the personal qualities that you know you can trusted her that she will get the best outcomes for your situation. Thank You Adele 🙏

    Related Professionals

    Need to consult with us? Book an appointment today.

    Our team will give you expert advice that has been specifically tailored to your case.

    Related news

    immigration lawyers agents

    Why Get Help from Immigration Lawyers/Agents Sydney?

    2024/01/16 | Adele Wan
    Looking to move to Sydney Australia? It can be exciting but difficult too. Australia, with its opportunities, attracts many. But...
    brightstone migration immigration lawyers

    Explore the Functions of Australian Immigration Lawyers: Comprehensive Guide

    2024/01/16 | Adele Wan
    Unsure about what assistance Australian immigration lawyers can provide? This guide can help you understand everything.  Navigating the visa landscape...
    482 and 186 Visa Changes
    186 Visa 482 Visa Work Visa

    IMPORTANT: 482 and 186 Visa Changes

    2023/11/30 | Adele Wan
    On November 25, 2023, significant changes were implemented in the Employer Sponsored migration pathways – subclass 482 visa and subclass...

    Related Cases

    How we will help

    Free Assessment

    Fill in the questionnaire here and we will call you for an obligation-free assessment. During this phone call we will run through your initial concerns and needs and book in a time for a more detailed consultation.


    Our consultation session runs for 30 minutes which will allow us to present to you a detailed strategy to meet the concerns and needs you presented to us in our initial phone call.

    Our fee is $150 + GST for a 30 minute session. You can book in a consultation by calling us, emailing us or filling in the Contact Us form.

    Settling the strategy and getting started

    At the consultation, we will generally present to you a few selections of the best strategies.

    We will also balance the time required, costs and difficulty so that you can choose the strategy you are most comfortable with.

    Then we will handle everything on your behalf.

      Tell us about your issue, we are here to help you

        Subscribe to our Newsletter

        You will receive the latest immigration news and policy updates. You will also get the notification of
        our upcoming webinars & events