If you’re a divorcee in Australia and want to sponsor a new partner for a visa, you may be wondering how long you must wait before you can apply. The good news is: under Australian immigration law, there is no strict waiting period after a divorce before you can sponsor a new partner for a visa.
However, there are key eligibility requirements and sponsorship rules that could affect your chances of success.
In this article, we explore everything you need to know about sponsoring a partner visa after divorce—from relationship requirements to previous sponsorship history.
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No Specific Waiting Period
There is no mandatory waiting period or cooling-off period after a divorce to sponsor a new partner under the:
- Partner Visa (subclass 820/801)
- Prospective Marriage Visa (subclass 300)
- Or other partner-related visas
As long as you’re legally divorced and meet the eligibility requirements, you can apply at any time.
Even without a waiting period, you must meet strict criteria to sponsor a new partner. These include:
- Legal Separation: You must be officially divorced, with a divorce certificate from the court.
- Genuine Relationship: Immigration authorities will assess whether your relationship with the new partner is real, continuing, and based on mutual commitment.
- Financial and Social Commitment: You’ll need to show evidence that you can financially support your new partner, and that your relationship is acknowledged by friends, family, or the community.
- Previous Sponsorship Obligations: If you’ve sponsored a partner visa before, you must show that the previous partner complied with visa conditions and that you met your responsibilities.
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Consideration of Your Previous Relationship
The Department of Home Affairs may review your past relationships when you apply to sponsor a new partner—especially if you’ve sponsored someone before. They may look at:
- Duration of Previous Relationship: Was your marriage or de facto relationship short-lived? Sudden breakups may raise red flags.
- Visa Sponsorship History: If you’ve sponsored multiple partners, or if a prior visa was cancelled or refused, you may face stricter scrutiny. Additional evidence will likely be required to prove your current relationship is genuine.
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Impact of a Short-Notice Divorce
If your divorce occurred recently, the Department may question whether your new relationship is genuine or if it’s a “rebound” intended for visa purposes. In such cases, it’s crucial to provide strong supporting evidence, such as:
- Proof of Long-Term Relationship: Joint bank accounts, shared living arrangements, and travel history.
- Statutory Declarations or Letters from Family and Friends: Third-party confirmation that your relationship is legitimate and ongoing.
Here are some ways to strengthen your partner visa application:
- Demonstrate a Genuine Relationship: Provide photos, messages, joint utilities, and documents that prove your life together.
- Submit Complete Documentation: Include your divorce certificate, ID documents, police clearances, and health checks for both you and your new partner.
- Show Financial Capability: Evidence of income, housing, and general support will help prove that your partner won’t need government assistance.
- Choose the Right Timing: While you can apply immediately, it’s often wise to let the new relationship mature and gather sufficient documentation before lodging.
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What Happens if You’ve Sponsored a Partner Before?
The Department closely monitors repeat partner visa sponsors. Important considerations include:
- 5-Year Rule: If your last sponsorship resulted in a refused or cancelled visa, you may be barred from sponsoring again for 5 years.
- Visa Violations: If your previous sponsored partner overstayed, breached conditions, or provided fraudulent information, your current application may face intense scrutiny.
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What If I Was in a De Facto Relationship?
Even if you were not legally married, the same principles apply. For de facto relationships, you must show:
- That the relationship was genuine and continuing
- You lived together for at least 12 months before applying for a visa (unless compelling circumstances exist)
Conclusion
There is no fixed waiting period after divorce before you can sponsor a new partner for a visa in Australia. However, your application must:
- Demonstrate a genuine relationship
- Include complete and accurate documentation
- Show that you’ve met all prior sponsorship obligations
If you’ve previously sponsored a partner or recently divorced, your application may require additional evidence to satisfy immigration criteria.
Need Help Navigating the Partner Visa Process?
At NB Migration Law, we help people like you navigate the complexities of partner visa sponsorship—especially after separation or divorce. Whether you’re sponsoring for the first time or reapplying after a previous visa, we’re here to guide you.
📞 Book a consultation today and give your application the best chance of success.