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NSW Family Immigration to Australia

Discussion in 'Immigration Law Forum' started by zena, 1 June 2015.

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  1. zena

    zena Active Member

    1 June 2015
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    I am a mother of two. I don't live in Australia or have Australian citizenship, but I am married to an Australian citizen. He has a wife in Australia but they are separated (not living together). Our religion allows more than one wife.

    I would like to know is it possible for me and my kids to come and live in Australia? Please note that he is not the father of my kids. Can he adopt them? If so, will that help us in coming to Australia?

    Under what category we can get Australian visa?

    Thank you.
  2. Sarah J

    Sarah J Well-Known Member

    16 July 2014
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    Hi Zena,

    Australia does not recognise multiple marriages. This means, a man cannot marry more than one wife and the later marriages are considered invalid in Australia. Therefore, under Australian law, your marriage certificate to your husband is not recognised and therefore, you are not married to an Australian citizen. You can apply for a visa under normal conditions, however, you cannot apply for a marriage/spousal visa. I also doubt he can adopt your children given he is still married to another person. However, I am not certain of this, so best to contact a family lawyer about this.

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