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Hi, I am currently in the process of divorce and am expecting my decree absolute within the next 12 weeks. This decree will mean my marriage is legally finished. Until I have that declaration, I am legally still married.

my Australian partner and I are planning to apply for the PMV 300 visa soon. We were going to wait with the start of the application till I had the decree absolute but now we are wondering if we can start the application before I have this final piece of paper? The PMV requires us to marry within 9 months and since the decree absolute is on its way, I will be able to meet that requirement but at the same time, visas from London seem to be approved quite fast for PMV at the moment so it’s got me thinking...

Can I apply for the PMV without the decree absolute and upload it/add it when it arrives? What are the odds my visa would be handled before I have it? Would it be a reason to turn it down? Since I can prove I am getting divorced and it will be legal within weeks, does that change anything? Since I can still meet the “have to get married within 9 months”’required? I can upload all my divorce papers and show that things are in progress so they can see.

I’d like some of your ideas and advice on this, if anyone has any.

Thanks!
 

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The question you should be asking is if you will be able to obtain a Notice of Intended Marriage (NOIM), before the divorce is finalised.
 
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From memory neither of you can "be free to marry" at the time of visa decision for the PMV if one is still legally married.

If it were me with London at the moment I would wait, or hold off on Police and Medical applications so you can control the timeframe till after you get the divorce finalized.
 

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I am working off memory but pretty sure I got the NOIM before I got my divorce finalized. But I am sure some celebrants wont.

A NOIM can be received by an authorised celebrant even though a party is, or both parties are, still married to another person at the date of receipt of the NOIM. In such cases it is sufficient that the married party or parties note when filling in the NOIM that they are still married, that a divorce order is being sought and the date upon which the divorce is expected to be finalised. However, the marriage cannot be solemnised unless evidence of the divorce is given to the authorised celebrant prior to the solemnisation of the marriage.

https://www.ag.gov.au/.../Guidelines on the Marriage Act 1961%2...
 

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I'm in a similar situation.

My fianceé, who is Australian, is only now getting her divorce application in for her previous relationship (there were delays because she came out of a DV situation). They have finally agreed to submit a joint divorce application, so shouldn't take longer than 3 months to finalize as custody and property have already been sorted during last year.

We are thinking to make it clear in the application that her status at present is "separated" (since 15 September 2016) but that the divorce application is in (file no. ####), and request that the CO not make a final decision until such time that her divorce certificate is uploaded.

As I'm South African, the application will be processed by Pretoria and they are averaging about 10 months (sometimes slightly quicker). I'm nervous about it, but it's already been such a long wait for us and because of medical reasons, she really needs my assistance there ASAP.
 
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