Can having a second wife affect my Australian visa processing/stay?

Can having a second wife affect my Australian visa processing/stay? - Side view of content ethnic man in casual clothes and apron feeding happy wife while preparing delicious dinner at stove in kitchen

I am already married and I am in the process of marrying another woman. Moreover, I am also in the process of getting Australian visa to study. I know that Australian laws do not recognize the taking of a second wife even for foreigners like me.

Can having a second wife affect my Australian visa application or (if I get the visa and travel then the marriage is finalized later on) my stay? I may not take both of the wives there with me.

(With all due respect, I ask you not to comment on taking a second wife. It is nothing illegal in my country and my culture.)

I want to remain honest whatever the case may be. So, how can I achieve that to get them both, study and second marriage, in a safe way?

I have found some related links on Australian government sites:

  1. "the relationships between the different partners may be recognised as de facto relationships." (no exclusion is required)

  2. "For the purpose of proceedings under this Act, a union in the nature of a marriage which is, or has at any time been, polygamous, being a union entered into in a place outside Australia, shall be deemed to be a marriage." (6 Polygamous marriages)

  3. A de facto relationship can exist even if one of the persons is legally married to someone else or in another de facto relationship. (4AA De facto relationships - 5(b))

What is the answer?



Best Answer

Australia does not recognize polygamy, and neither do its visas. The student visa conditions for bringing a partner are all about a partner (singular), not plural.

So your options are to apply with your first wife as your partner, or with your second wife as a partner. There isn't even an option to declare other spouses, nor does it make any sense to bring this up voluntarily.

If you choose the 2nd, it's wise to get married first, because it's easier to prove the relationship when it's officially registered; otherwise you'll need to provide proof of having lived together in a de facto relationship for 12 months prior.




Pictures about "Can having a second wife affect my Australian visa processing/stay?"

Can having a second wife affect my Australian visa processing/stay? - From above of cheerful young Indian couple in casual wear laughing and hugging each other while relaxing on cozy sofa in contemporary living room
Can having a second wife affect my Australian visa processing/stay? - Cheerful ethnic couple with laptop at home
Can having a second wife affect my Australian visa processing/stay? - From above of smiling Indian man and woman in casual wear enjoying free time and chilling on sofa in modern light room while boyfriend pointing finger side up



Can I bring my second wife to Australia?

You can only sponsor a second partner after five (5) years from the lodgement date of the previous application. What is Scheduled 3? Schedule 3 criteria is additional requirements applicable to unlawful non-citizens and certain bridging visa holders, who wish to lodge their visa application in Australia.

Can you have 2 partners in Australia?

Australian law recognises both marriages and de facto relationships. While bigamy is a criminal offence (under section 94 of the Marriage Act 1961), it is not an offence to have multiple simultaneous de facto relationships.

Can you get married while waiting for partner visa?

Yes, you are 100% correct, even if you get married or register your relationship you will still need to provide sufficient evidence to prove your relationship is genuine.

Can I do second marriage without divorce in Australia?

Is bigamy illegal in Australia? Yes, Bigamy is made an offence in section 94 of the Marriage Act 1961 (Cth), which states that a person who is married shall not marry another person while they are still lawfully married to another person. Section 92 of the New South Wales Crimes Act 1900 also makes bigamy an offence.



Australia Partner Visa Restrictions Affect You FOR LIFE.




Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

Images: Gary Barnes, Ketut Subiyanto, Ketut Subiyanto, Ketut Subiyanto