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Im sponsoring my BF we were planning on sending the application off early Jan then we have been living together 12months. We thought his divorce would have been finalised by now but we only just got the decree not the absolute.

Do you think we should wait for the full divorce or send it off with a copy of the court papers for the decree so they can see it is in the process.

Ive been living in the UK for 8 months and I just desperatly want to get back to Australia.
 

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Hi, if you're applying for a defacto visa - you only need to convince DIAC :
- that you partner's marriage is permanently over
- you have lived together for more than 12 months

There is no tick box that says "must produce decree nisi / absolute".
 

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Hi Hawks,

I put up a post last year about this very issue. It created a lot of interest, and I got some replies from a migration agent who added some very useful tips. You can read about it here:

http://www.australiaforum.com/visas...hile-still-married-clearing-up-confusion.html

Especially since the divorce is almost final, you should have little if any problems showing DIAC you were both devoted to eachother while the marraige was still legal. And yes, whatever letters or documents you have from the court/ lawyers mentioning ongoing procedures and a decree nisi is usefull too to show the efforts made to end the previous relationship.

Good luck :)
 
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