SA Can a second wife bring her husband in australia as spouse while he has one wife before her.

[RAI]

Hi,

I have some questions regarding being married overseas.

My sister is intended to apply for 189 visa as primary applicant. She is not married yet but she wants to marry a person who is already married with someone else and have 3 kids from 1st marriage.

That person is not willing to divorce his first wife. He is not intended to bring his first wife with him. She will stay there with her kids.

Can she bring him with her as spouse in Australia? Is Australian law allow a women to marry a man who is already married and want to keep both wives at the same time.

Please guide.
Thanks in advance.

 

[Tim W]

Australian law only allows for one spouse at a time.

 

[Kon-ming Tsai]

Hi,

I have some questions regarding being married overseas.

My sister is intended to apply for 189 visa as primary applicant. She is not married yet but she wants to marry a person who is already married with someone else and have 3 kids from 1st marriage.

That person is not willing to divorce his first wife. He is not intended to bring his first wife with him. She will stay there with her kids.

Can she bring him with her as spouse in Australia? Is Australian law allow a women to marry a man who is already married and want to keep both wives at the same time.

Please guide.
Thanks in advance.

It is unlikely your sister will be able to bring a married man with her as a spouse as Australia Marriage Act does not recognise such as a relationship. Furthermore, Australia Migration Act requires the relationship to be exclusive. However, there is a very slim chance she may be able to argue that she in a de facto relationship but this relationship also requires exclusivity. If you requires more info, please read my blog posts (www.denovolegal.com.au).