Mate it is so complicated you need some proper advice from a migration agent but my gut feeling is you don't tell Australian immigration you are married to a second person whilst you are legally married to the first person under any circumstances whatsoever if you can get away with it
VIC Divorce - Can I Bring New Wife to Australia?
- Thread starter Hussy
- Start date
-
- Tags
- divorce separation
What is referred in the comments above is the Islamic Laws (sharia) which are not applicable in Australia, you need to apply and follow Australian laws, not Islamic law as they don't apply in Australia (not intended to insult). If you are living in an Islamic country and that country applies Islamic law then it is applicable. You need to apply the law of the country you are living in. It is that simple.
Last edited:
I think it is better to tell immigration otherwise any info found out in future will affect your application.
I was not referring to India, if you read my comment I used the word "country" not "India" as my statement was in general.
Even if India is not an Islamic country but they have Indian Law which is not applied in Australia, Australian Law prevails in Australia, this is the point I am stating.
Hi everyone, I briefly read the above comments. If someone was married and then had a separation/divorce and now reconsidering to marry again another person and wish to bring them to Australia on a partner visa then this may be difficult as you must provide support and evidence that your new marriage is "genuine". In some circumstances, this may be difficult to address.
Please let me know if you need any further guidance.
Regards
Owais
Please let me know if you need any further guidance.
Regards
Owais
Hi,
Interesting comment, I am not a lawyer but I am asking from my understanding, if the marriage was in Australia and got divorced in Australia, how is that hard to prove the second marriage?
Assuming the marriage was in other country and the person obtained the marriage and divorce documents issued in the country (certified by Australian Embassy), how is it hard to prove the second marriage?
I hope you can clarify that, as stated I found your comment interesting and like to know the basis of your comment. Thanks for your time in advance.
It's not the existence of the second marriage, it's the bona fides that can be hard to prove.
For example, although there is no requirement in the law of Australia
for two married people to live together, Home Affairs (ie Immigration)
will look to the extent (although not necessarily the duration) of co-habitation
as one of the indicators of a bona fide marriage.
It's not the only indicator - there's a set.
ATO and Centrelink use similar indicator sets when deciding
if two people are (or are not) a couple.
The issue is serial spouse sponsors - people who marry one foreign national after another
as a way to get the spouse on-shore.
Sometimes, yes, it is genuine relationships that fail.
But sometimes, it's a matter of marrying fraudulently,
sometimes in return for for money.
Or, sometimes, entering into marriages where it is not clear
that both parties are wholly willing.
Or, to put it another way... human trafficking.
For example, although there is no requirement in the law of Australia
for two married people to live together, Home Affairs (ie Immigration)
will look to the extent (although not necessarily the duration) of co-habitation
as one of the indicators of a bona fide marriage.
It's not the only indicator - there's a set.
ATO and Centrelink use similar indicator sets when deciding
if two people are (or are not) a couple.
The issue is serial spouse sponsors - people who marry one foreign national after another
as a way to get the spouse on-shore.
Sometimes, yes, it is genuine relationships that fail.
But sometimes, it's a matter of marrying fraudulently,
sometimes in return for for money.
Or, sometimes, entering into marriages where it is not clear
that both parties are wholly willing.
Or, to put it another way... human trafficking.
Hello all,
I have applied for Canada PR in 2005 and got rejected. I was unable to submit the correct and accurate documents. Now I am planning to apply for Austraila student visa.
I still have the ban period of 2 years for Canada.
Will this affect my visa? Is there a change for me to get a student visa? Please advice
I have applied for Canada PR in 2005 and got rejected. I was unable to submit the correct and accurate documents. Now I am planning to apply for Austraila student visa.
I still have the ban period of 2 years for Canada.
Will this affect my visa? Is there a change for me to get a student visa? Please advice
Hi Everyone In form 80 section k (character) The last question which says as applicant ever had outstanding debt to australian government or any public authorities . What if i have a tax debt which have paid off.what should i say.replies will be appreciated
Similar threads
