Divorce in India - When to Apply for Fiance Visa to Australia?

[tina12345]

Hi,

I'm from India. Last year I got a paper marriage in the UK in order to go to Germany on a spouse visa, but for personal reasons, I left my husband and came back to India and applied for divorce from India which I am getting soon.

Now I have fallen madly in love with an Australian. We got engaged. As he is coming back to Australia, I just want to know when I can apply for a visit finance visa. Do I need to declare my old marriage? As I didn't declare it in the UK? What do you suggest?

 

[Victoria S]

Hi tina,

I don't see why you would not be able to get a prospective spouse's visa. You can read about the requirements here: Prospective Marriage visa (subclass 300)

I'm not sure whether you are required to declare a previous marriage. It is the sponsor they place limitations on - they cannot sponsor someone under a spouse visa if they have sponsored someone within the last 5 years or have sponsored 2 people for visas before.

 

[tina12345]

Actually, it was just paper marriage back in the UK. We didn't live together actually nor did we declare it in anywhere apart from the German embassy. I don't want to lose my fiancé. He doesn't know that I was previously married. I will apply for a visit visa very soon, but please can you tell, will it be a problem to not declare my earlier marriage?

I am very much worried.

 

[tina12345]

I will be very grateful if you guide me properly.

Please.

 

[Tim W]

Actually, it was just paper marriage back in the UK

The phrase you should use here is "fraudulent marriage".

We didn't live together actually nor did we declare it in anywhere apart from the German embassy

So, you made a fraudulent marriage, concealed it, and you lied to to the government of Germany to get a visa.

I don't want to lose my fiancé. He doesn't know that I was previously married.

Let's be clear - you're not "previously married". Until you are divorced, you are "still married".
And you are concealing that fact from a person with whom you claim to be "madly in love",
and want to marry.
Does the inherent dishonesty of that not concern you at all?

I will apply for a visit visa very soon, but please can you tell, will it be a problem to not declare my earlier marriage?

You will need to tell the truth to the government of Australia
when you make an application for a visa to come here. All the truth.
That will include the truth about your marital status.

I realise that you may find truthfulness a difficult concept, but there it is.
If you don't tell the truth, then your visa can be cancelled, and you can be locked up in immigration detention,
prior to being removed from Australia.
And if you are not single at the time you marry, then your marriage will not be valid.
For this, you can be separately prosecuted for the offence of bigamy.
And don't even think about having an anchor baby.

... am very much worried.

Rightly so.

 

[Clancy]

Why try and dilute your previous marriage as a 'paper marriage'? That's not going to help you at all except give trouble as advised by Tim W above. I know divorce is taken far more seriously in India, but i would advise you suck it up and accept the fact that you got legally married, and now you are getting legally divorced, its that simple, and you will have to tell your new partner, and immigration if asked.