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NSW Immigration Law on Skilled Immigrants with Two Wives?

Discussion in 'Immigration Law Forum' started by faisal nadeem, 29 August 2016.

  1. faisal nadeem

    faisal nadeem Member

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    If someone has two wives, can he still apply for Australian immigration as a skilled worker if he plans to bring only one wife along with him as per Australian Immigration Law? What is the law under such circumstances?
     
  2. Victoria S

    Victoria S Well-Known Member

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    Hi Faisal,

    Check out this post: NSW - Divorce from Overseas Marriage Before Marrying Again? | LawAnswers.com.au

    As I understand it, Australia will only recognise one wife. Your first wife. So I would assume that would mean that Australian law would not recognise that you are validly married to your second wife because you were married at the time you married her which is the offence of bigamy in Australia. So she may not be granted a visa as your "wife".

    She may, however, be recognised as your "de facto". As I understand it, in cases of polygamy, it is only the first wife that Australian law recognises as valid. In order to marry someone else you would need to validly divorce her and marry again after that.
     
  3. faisal nadeem

    faisal nadeem Member

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    Hi Victoria,

    Thanks for your reply.

    It means if a person has two wives at the time of visa application, he has to declare both in the visa application or should he declare only the first wife as the legal wife and proceed with the application because at the time he married twice, he was not Australian citizen.
     

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