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jamila

Sponsoring de facto while still married to someone else

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Did you know it is posible to sponsor a defacto spoouse whilst still married to someone else?? For example, if you are married and have separated, someone can be your defacto as you can't legally get married until your divorce is finalised...

 

 

Hello, Is this still the case now? that an Australian sponsor can give sponsorship even he has a legal one registered... I have heard that it is not the case.. please give me more info about it.

 

Thanks

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Provided your new partner can meet the requirements to be considered as your de facto partner (i.e. if they meet the One-year Relationship requirement or are eligible for an exemption from it), you can sponsor them for a Partner visa even if you are still married to someone else. If however you also sponsored your previous partner for a Partner visa, you may not be eligible to be a sponsor if the previous sponsorship was less than 5 years ago.

http://www.immi.gov.au/media/fact-sheets/35relationship.htm One-Year Relationship Requirement for De Facto Partners

http://www.immi.gov.au/forms/Documents/1127.pdf Partner Migration booklet. See page 16 'Limitations on sponsorship. If you have previously sponsored a partner or been sponsored as a partner'

Edited by Ozmaniac

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Hello there,

 

My husband has a wife who he sponsored for I dont know how many years back. They've got 3 kids and the eldest is i think 14. So basically, he is legally married to her in Aus Law. I got married to my Aus husband in 2013 in Ph, since we are Muslims my husband is allowed to do that but of course it is under Islamic Law. My husband was saying, as what he was told that he cannot sponsor another partner or de facto because he is legally or the first one is registered under him. My husband said that if the immigration finds out about having 2 wives he might be imprisoned. And he also said that a migration lawyer was telling him that. I dont know but he also does not want to risk. What he knew is he cannot sponsor me even under de facto.

 

Has someone been in the same situation as mine?

 

Pls advice.

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Is he still in a relationship with his wife?

Under australian law you and he are not married but you may be considered de facto. We are currently completing the forms for a spouse visa and there are a lot of points regarding committed relationship (I can't remember if it specifies monogamous as well but I know we blathered on about that a lot as it certainly fit the criteria they were asking for) so I think they would have an issue with your de facto status if he actively has two partners.

if you have lived together for a full 12 months and merged your lives (joint accounts. Joint mortgage/rent etc) you can be considered for de facto. They will ask if he has sponsored before but saying yes does not preclude sponsoring again - they will likely just investigate the case more fully to make sure he's only sponsoring legitimately, especially if it was some years ago.

I highly doubt he would be imprisoned for having 2 wives - after all it is legal under Islamic law. But I am positive they would not recognise you as his wife. If he tried to then marry you under Australian law that would be bigamy and yes jail would be a concern!

Also his first wife is presumably either a permanent resident or a citizen by now, so not 'under' his sponsorship any more.

However, this is all just from me reading the details for our own application, which should be very straitforward - I suggest you read the details on http://www.immi.gov.au for the partner visa and get a proper immigration consultant as the one he's spoken to doesn't sound the full shilling.

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He is still married to his wife. He never processed a divorce papers when he divorced her. I married him when they were divorced and since he has kids, he wanted to take care of his own children and went back to her under Islamic Law... Yeah I understand that under Aus Law we are not legally married, so I am looking very well on to the de facto thing. We did not live together as of yet, only that we meet half way to spend some time together and yes he came once here in the Ph.

 

Thank you so much for your response and the information shared to me. I highly appreciate all your kindness and time spent on answering to the posts. If you knew someone of on the same situation pls do let me know. I would like to get as much info and people with the same experiences as possible.

 

Thank you sooooooo much. :cute:

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The definition of De Facto for immigration purposes includes "a mutual commitment to a shared life to the exclusion of all others". Personally, I don't see how that is compatible with being and remaining married to someone else. But these days, who knows?


Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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I totally understand my partner's situation. He is concerned with his kids leaving him no choice. And I have accepted the fact, rather than being with my ex-husband that i never felt he was there and cared at all esp to our son.

 

I am not ranting :rolleyes:. Each and everyone of us have different opinions and feelings.

 

Peace everyone. :wink:

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Your relationship does have to be exclusive. You wouldn't be counted as a Defacto if you haven't yet lived together no matter what your marital statuses are.


Has two beautiful Aussie little girls :-)

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Ohhh God. I hope there is still hope and other way.

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He is still married to his wife. He never processed a divorce papers when he divorced her. I married him when they were divorced and since he has kids, he wanted to take care of his own children and went back to her under Islamic Law... Yeah I understand that under Aus Law we are not legally married, so I am looking very well on to the de facto thing. We did not live together as of yet, only that we meet half way to spend some time together and yes he came once here in the Ph.

 

Thank you so much for your response and the information shared to me. I highly appreciate all your kindness and time spent on answering to the posts. If you knew someone of on the same situation pls do let me know. I would like to get as much info and people with the same experiences as possible.

 

Thank you sooooooo much. :cute:

 

For purposes of immigration you need to consider Australian law, not Islamic law. It would also help to avoid misunderstandings if you could stick to describing your situation under Austrlian law in your posts. It is getting confusing when you talk of him getting divorced and the two of you getting married when in fact neither would be recognisable under Australian law, which is what applies to immigration.

 

Your husband cannot have two wives in Australia, he cannot sponsor a defacto if he already has a wife that he continues to share his life with. It sounds like he does still share a life with his wife and so no, there is no way that you can move to Australia on the basis of this relationship.

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If you and he are not legally married, you shouldn't refer to him as your husband. He would be your de facto partner. However if you haven't lived together, you can't apply for a de facto partner visa either. You will need to live together at least for some time (must start 12 months prior to you applying), and there can be periods of separation after that but they should be temporary. During periods of separation you must prove that you maintain a de facto relationship (joint finances, committed relationship, etc.) If he's still living with his wife (who he hasn't divorced), then you will have considerable difficulty proving you and your partner are in a committed relationship.

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My partner is not divorced yet and the Case Officer asked me why and I just explained that he hasn't got round to it yet and we've been focused on the Visa application and my Visa was granted this week but your circumstances sound tricky in terms of satisfying other aspects of the criteria.


Arrived in Australia on a working holiday visa 10/08/13 (to live with my partner), applied for De Facto Partner Visa 820/801 and granted bridging visa 09/07/14, last documents uploaded 22/12/14, contacted 09/07/15 by immigration and asked to have my medical done, medical completed 20/07/15, uploaded 27/07/15 and temporary partner visa (820) issued 27/07/15 :smile:

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My partner is not divorced yet and the Case Officer asked me why and I just explained that he hasn't got round to it yet and we've been focused on the Visa application and my Visa was granted this week but your circumstances sound tricky in terms of satisfying other aspects of the criteria.

 

 

Well done to you.. It's all difficult in my case, I am in a country where applying for visa to Western countries requires too many requirements and I dont have any of those. I dont have a job here because I am looking after my son from my ex husband and even if I have a job money is not enough for show money. My parents will never support me even if they have millions. I dont get any single penny from them since I stopped studying. It is just difficult and there just a long list to mention. My partner can support me but he does not have for show money also.

 

Thanks for sharing every one, really appreciate it.

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Can u tell me the 2019 law of sponsoring filipina de facto wife 
You would be best starting a new thread. Also asking specific questions and using please and thank you will help.

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