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

Discussion in 'Immigration Law Forum' started by tina12345, 17 May 2016.

  1. tina12345

    tina12345 Member

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    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?
     
  2. Victoria S

    Victoria S Well-Known Member

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    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.
     
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  3. tina12345

    tina12345 Member

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    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.
     
  4. tina12345

    tina12345 Member

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    I will be very grateful if you guide me properly.

    Please.
     
  5. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

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    The phrase you should use here is "fraudulent marriage".
    So, you made a fraudulent marriage, concealed it, and you lied to to the government of Germany to get a visa.
    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?
    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.
    Rightly so.
     
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  6. Clancy

    Clancy Well-Known Member

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    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.
     
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