Can I Apply for a Partner Visa With a New Partner After a Previous One?

Can I apply for a partner visa with a new partner if my last relationship ended?

An applicant can apply for a partner visa with a new partner after a previous relationship ended, because no rule limits the number of partner visa applications a person may make over their lifetime. The new application stands or falls on whether the current relationship is genuine and continuing and whether the new sponsor is eligible. The earlier relationship is not ignored, however. It forms part of the history the Department reviews, and our article on partner visa previous relationship history explains how decision makers treat it.

Do sponsorship limits apply when there is a new partner?

Sponsorship limits apply to the new sponsor, not to the applicant. Under regulation 1.20J a sponsor generally cannot sponsor more than two partners in a lifetime, cannot sponsor within five years of a previous partner sponsorship, and cannot sponsor within five years of their own partner visa application if they were sponsored as a partner themselves. The Department can waive these limits for compelling circumstances affecting the sponsor. Our page on partner visa sponsorship limitations sets out how each limit is counted.

What if I am still married to my previous partner?

A person who is still legally married to a previous partner can generally be in a genuine de facto relationship with a new partner, provided the marriage has truly ended in practice and the new relationship is exclusive. The Department will want evidence of when the separation happened and that the earlier relationship is over. Our article on a partner visa while married to someone else explains how separation is evidenced, and our article on a partner visa after divorce covers the position once a divorce order is made.

Will the Department question a new relationship that started soon after the last one?

The Department often questions a new relationship that started soon after an earlier relationship ended, particularly where the applicant held a visa based on the earlier relationship. That scrutiny does not mean refusal. It means the application should explain the timeline openly and give strong evidence of the four aspects of the new relationship. Any earlier visa application that described a partner or a relationship status differently must be reconciled, because inconsistent statements can raise integrity concerns under PIC 4020.

What happens to a current partner visa when the relationship ends?

A current partner visa application based on a relationship that has ended will generally fail, because the visa depends on that relationship continuing, unless an exception such as family violence or the death of the sponsor applies. The applicant should notify the Department of the change, and our article on partner visa relationship breakdown explains the consequences. A person who wants to stay in Australia with a new partner then needs a fresh application, and the onshore rules on visa status, Schedule 3 and section 48 decide whether it can be lodged in Australia.

How does My Migration Lawyers prepare an application with a new partner?

My Migration Lawyers starts a new partner application by mapping both relationships side by side, with dates of separation, living arrangements and every earlier visa application, so the new case answers the questions the Department will ask before it asks them. The firm checks the new sponsor against regulation 1.20J, advises on the safest place to lodge and prepares a relationship statement that explains the transition plainly. Couples can discuss their history with our partner visa lawyers before anything is lodged.