# Wife got Separated, want to cancel her PR



## bubu_australia (Sep 23, 2012)

Hi Everyone,

I was married for 4 years and I have got my PR 6 months ago.

My spouse relationship was not going well from the beginning and recently we decided to get separated.

I was the main applicant, My question is I want to cancel by wife PR cause she is not coming to australia and I want to sponsor my second wife for PR. 

Please advise. 

Regards,

Adnan


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## Valentine1981 (Sep 13, 2012)

bubu_australia said:


> My spouse relationship was not going well from the beginning and recently we decided to get separated.
> 
> I was the main applicant, My question is I want to cancel by wife PR cause she is not coming to australia and I want to sponsor my second wife for PR
> 
> Adnan


How recently did you separate from your 1st wife if you already have a 2nd one who you want to sponsor?

The potential difficulty I see with this scenario is that to sponsor your current wife,you need to prove a genuine and ongoing relationship and unless you informed immigration as soon as your 1st relationship ended,you cannot claim and genuine and exclusive relationship with #2


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## Mish (Jan 13, 2013)

First question ... how can you be recently separated and have a 2nd wife at the same time? I take recently separated to been separated not divorced yet.

I see you have a 189 visa. Once PR is granted you can't remove or add them only before PR is granted. Your first wife's PR will be cancelled if she doesn't make the must enter by date.

Your 2nd wife you will have to sponsor her for a partner visa.


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## bubu_australia (Sep 23, 2012)

Hi Valentine,

I have separation paper for my first wife and marriage papers for my second wife with me.

The relationship with my first wife went for 4 years until 2 month ago we got separated.

I just got married last week.

Regards,

Adnan.



Valentine1981 said:


> How recently did you separate from your 1st wife if you already have a 2nd one who you want to sponsor?
> 
> The potential difficulty I see with this scenario is that to sponsor your current wife,you need to prove a genuine and ongoing relationship and unless you informed immigration as soon as your 1st relationship ended,you cannot claim and genuine and exclusive relationship with #2


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## Valentine1981 (Sep 13, 2012)

Ok do you mean separated or divorced? They are very different things! If you are only separated then you cannot legally under australian law be married to soneone else!

Also to sponsor for partner visa you need to prove evidence in a number of different categories - I would suggest reading the partner migration handbook to get an idea of just how much evidence is required to sponsor a partner to migrate to Australia. A 7 week old relationship isn't going to be sufficient to obtain a souse visa


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## bubu_australia (Sep 23, 2012)

The relationship with my first wife went for 4 years until 2 month ago we got separated.

My first wife has already made the first entry 6 months back.

I just got married last week.



Mish said:


> First question ... how can you be recently separated and have a 2nd wife at the same time? I take recently separated to been separated not divorced yet.
> 
> I see you have a 189 visa. Once PR is granted you can't remove or add them only before PR is granted. Your first wife's PR will be cancelled if she doesn't make the must enter by date.
> 
> Your 2nd wife you will have to sponsor her for a partner visa.


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## Mish (Jan 13, 2013)

Separated is not divorced. If you are not divorced from your first wife there is no way you can sponsor your 2nd wife for a spouse visa as you are not legally married in the eyes of Australia.

Since your first wife made entry then her visa won't be cancelled. She has the option to move to Australia if she wants.


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## CollegeGirl (Nov 10, 2012)

Actually, you're going to want professional assistance on this - I'd look for a MARA-registered agent. It is possible to sponsor someone as a de facto partner while still married to someone else as long as you can prove an official and permanent separation from your previous spouse. Immigration is not going to recognize your second marriage as valid since Australian law does not permit you to be married to someone else when you're not divorced from your first spouse. But it's possible they'd recognize your new wife as your de facto partner after you'd been living together for 12 months. (Possibly even sooner if you were living in Australia already in a state that allows relationship registration, which I *think* you might be able to do since your second marriage won't be legally recognized). You're going to have an uphill battle though - right now you can only claim to have been in a relationship with your new wife "to the exclusion of all others" for two months and you've already married (which is very fast). Immi also might wonder if your first relationship ended earlier and you didn't actually report it to them, which could cause you serious problems. You won't be subject to the five-year sponsorship exclusion for partner visas because you didn't sponsor your first wife on a partner visa, but on a skilled work visa. Like I said - you'll need serious professional help with your case. 

Either way, you can't cancel your first wife's PR. If she was granted it and flew in and activated her visa, she's golden. She can live and work and Australia for the rest of her life if she wants to and become a citizen.


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## Mish (Jan 13, 2013)

OP: you will need to marry your 2nd wife again after you divorce your first wife to make it legal in Australia.

In countries that recognise multiple wives it is very hard to prove exclusion of all others. It would be in the OP's best interest to get divorced.


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## wrussell (Dec 31, 2014)

The OP will have to wait at least 5 years from the date of the first partner application before being eligible to sponsor another partner. This requirement can be waived in compelling circumstances.


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## CCMS (Oct 10, 2013)

Wesley I believe the OPs wife was included on his sc. 189 visa. He didn't sponsor her on a partner visa, so no exclusion issues.


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## Engaus (Nov 7, 2013)

Yes I was thinking the same thing, no exclusion period applies as he never applied for a partner visa.


But OP, I don't see how you will be able to sponsor your partner on a partner visa if you have only been together for 2 months?

I wouldn't think your marriage would be recognised in Australia - if you haven't divorced from your first wife yet - in which case you would need to show you have 12 months of solid relationship evidence with your new partner - that's joint bills, social evidence, proof of having a joint household and joint commitment to each other (only).


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## EDT (Aug 22, 2014)

If you did not get your PR through 189 visa , people would have thoguht that you are doing a business transaction for partner visa . 

I hope thugs work out with your second wife and as other people said you cannot sponsor her whilst ur still married to someone else


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## CollegeGirl (Nov 10, 2012)

EDT said:


> If you did not get your PR through 189 visa , people would have thoguht that you are doing a business transaction for partner visa .
> 
> I hope thugs work out with your second wife and as other people said you cannot sponsor her whilst ur still married to someone else


As I said, you *can* sponsor someone for a de facto visa while still married to someone else. It's other issues that are going to be problems for OP. Just wanted to reiterate that because a lot of people are under that impression. I know I was for a while. I'll be honest - I don't agree with it. I think you should have to be fully divorced. But in some countries, like the Philippines, the government makes divorce nigh on impossible, so I understand why they can't make it a requirement. Still bugs me, though.


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## NiallC33 (Feb 3, 2014)

no offence to the OP, but threads like this make me sad/angry
when i think of what i went/am going through so i can be with my defacto partner and there are people who drop wives like hot buns and get another one in a few weeks and try and get them a visa like they're on sale


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## Becky26 (Jun 18, 2013)

NiallC33 said:


> no offence to the OP, but threads like this make me sad/angry when i think of what i went/am going through so i can be with my defacto partner and there are people who drop wives like hot buns and get another one in a few weeks and try and get them a visa like they're on sale


LOL!!! That made me laugh NiallC. And that's why visas for applicants like my husband and I take over 16 months- living apart for close to a year 

1. OP- You need to be legally divorced from your first wife in order to be legally married to your second wife in Australia. There is no way you can sponsor your second wife on a partner visa on marriage grounds if you're still married to your first.
Where did you get married to your second wife?

2. You need a LOT of evidence to prove to the immigration that you are in a genuine and continuing relationship with your second partner/wife. If you're still married, the only other option for you is de-facto partner visa which requires living together for at least 12 months, joint finances, joint responsibilities, social evidence proving you and your partner are accepted as a couple, etc. 
De-facto partner visa applications from what I've read on this forum are being processed with a more strictness compared to the ones who have applied on marriage grounds.
Good Luck!

Kind Regards,
Becky

Sent from my iPhone using Australia Forum App


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## wrussell (Dec 31, 2014)

CCMS said:


> Wesley I believe the OPs wife was included on his sc. 189 visa. He didn't sponsor her on a partner visa, so no exclusion issues.


Noted. Thank you, but he is still in trouble.


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## Mish (Jan 13, 2013)

Becky he is from UAE so probably got married there where it is legal.

CG: Is it legal to be married to more than 1 in the US? There are these 2 shows on Foxtel from the US where one has 4 wives and the other has 5 wives. I always thought it was illegal like in Australia.


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## Becky26 (Jun 18, 2013)

Mish said:


> Becky he is from UAE so probably got married there where it is legal.
> 
> CG: Is it legal to be married to more than 1 in the US? There are these 2 shows on Foxtel from the US where one has 4 wives and the other has 5 wives. I always thought it was illegal like in Australia.


Thanks for the clarification Mish 
From reading the thread, the OP seems to be in a tricky situation.
Perhaps a MARA agent might be able to help.

Sent from my iPhone using Australia Forum App


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## Heats (Aug 12, 2014)

Mish said:


> CG: Is it legal to be married to more than 1 in the US? There are these 2 shows on Foxtel from the US where one has 4 wives and the other has 5 wives. I always thought it was illegal like in Australia.


I know you didn't ask me,, but hey I know the shows.. No they can not be "married" legally and they aren't. The 1st wife is married to the dude, and the others are just "girlfriends" that he calls wives. he just committed to take care of them and their kids... its no different to a Bogan knocking up a bunch of chicks... except he stays and hangs around...

crazy thing is these ladies are claiming benefits from the gov as if they are single mothers of all these kids... and making a ton of cash that married with a husbands income would not get...


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## Mish (Jan 13, 2013)

Thanks for that Heats  I just thought was strange cause they had what appeared as a wedding and he calls them his wife. But one show they are buying houses at the moment and the 2nd, 3rd and 4th wife are all treated as single mum's.

I thought well it is on TV maybe it is legal otherwise they would get into trouble.


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## Runa (Dec 21, 2014)

Heats said:


> I know you didn't ask me,, but hey I know the shows.. No they can not be "married" legally and they aren't. The 1st wife is married to the dude, and the others are just "girlfriends" that he calls wives. he just committed to take care of them and their kids... its no different to a Bogan knocking up a bunch of chicks... except he stays and hangs around...
> 
> crazy thing is these ladies are claiming benefits from the gov as if they are single mothers of all these kids... and making a ton of cash that married with a husbands income would not get...


Ahh I watched on YouTube about this stuff, a guy has 4 'wives'. All claiming 'single mother pension', all living in separate public housing, each wife has 2 kids, and himself on disability pension.

He said "Australian" should learn how to have 4 wives or something. Yet he lives in Australia and claiming taxpayer money.


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## Becky26 (Jun 18, 2013)

This is just crazy! Funny my friends think it's sometimes difficult keeping up or maintaining one wife/girlfriend let alone keeping up with 4 or 5 of them. LOL!

Sent from my iPhone using Australia Forum App


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## bubu_australia (Sep 23, 2012)

Valentine1981 said:


> Ok do you mean separated or divorced? They are very different things! If you are only separated then you cannot legally under australian law be married to soneone else!
> 
> Also to sponsor for partner visa you need to prove evidence in a number of different categories - I would suggest reading the partner migration handbook to get an idea of just how much evidence is required to sponsor a partner to migrate to Australia. A 7 week old relationship isn't going to be sufficient to obtain a souse visa


I got divorced.


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## bubu_australia (Sep 23, 2012)

Engaus said:


> Yes I was thinking the same thing, no exclusion period applies as he never applied for a partner visa.
> 
> But OP, I don't see how you will be able to sponsor your partner on a partner visa if you have only been together for 2 months?
> 
> I wouldn't think your marriage would be recognised in Australia - if you haven't divorced from your first wife yet - in which case you would need to show you have 12 months of solid relationship evidence with your new partner - that's joint bills, social evidence, proof of having a joint household and joint commitment to each other (only).


I have divorced my first wife 6 months back and married my second wife 2 months ago.


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## Mish (Jan 13, 2013)

bubu_australia said:


> I have divorced my first wife 6 months back and married my second wife 2 months ago.


Your story is not consistent. Previously you said you married a week ago now saying it is 2 months ago and only a week or 2 has past. You also said separated (divorced) 2 months ago now saying 6 months.

Your story should be consistent.

Also when did you separated (not divorced) from your ex wife was the visa still processing?

You will need to apply for a partner visa for your new wife.

I highly suggest a migration agent as DIBP may question the genuineness of the relationship when you get divorced and married within a couple of months.

I suggest to read the partner visa to see what evidence you will need.


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## Valentine1981 (Sep 13, 2012)

bubu_australia said:


> The relationship with my first wife went for 4 years until 2 month ago we got separated.
> 
> I just got married last week.
> .


You might want to get your story straight for immigration!!

8 days ago you were separated for 2 months and married for a week

Now you claim to be divorced for 6 months and married for 2 months!

Which is it??


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## Negative Ned (Aug 19, 2014)

LOL.
With all due respect to you and your situation. This thread makes me want to cry.

Here I am, genuine and in love.. struggling to be with my partner and waiting for a decision to be made which the rest of our life depends on.. while you are marrying and divorcing and remarrying to your hearts content.

Do you not stress what would happen if they refused your sponsorship? Why are you so sure you can do this? Sure, I understand people's marriages dont always turn out as expected... it would surely take you longer than 2 months to remarry though after 4 years of being with someone?
If you are genuine, I would recommend you wait a long while before applying for your new wife to be here. Perhaps even go and try live with her for a period of time before reapplying. This is insane. You're question is insane. Your situation doesn't make sense.


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## bubu_australia (Sep 23, 2012)

Negative Ned said:


> LOL.
> With all due respect to you and your situation. This thread makes me want to cry.
> 
> Here I am, genuine and in love.. struggling to be with my partner and waiting for a decision to be made which the rest of our life depends on.. while you are marrying and divorcing and remarrying to your hearts content.
> ...


I am in a lot of stress...just like I said that our relationship was not stable for the beginning that''s why I did not gave a second thought about remarrying. I thought about the same thing what if her visa got rejected. Then what will I do.

I am not doing this for fun...


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## Maggie-May24 (Jul 24, 2011)

Negative Ned said:


> LOL.
> With all due respect to you and your situation. This thread makes me want to cry.
> 
> Here I am, genuine and in love.. struggling to be with my partner and waiting for a decision to be made which the rest of our life depends on.. while you are marrying and divorcing and remarrying to your hearts content.
> ...


Divorce isn't a quick process. If I'd been living in the same country with my current husband, I'd have happily married him the day after my divorce from my ex-husband (married almost 20 years) was completed.


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## Mish (Jan 13, 2013)

Maggie-May24 said:


> Divorce isn't a quick process. If I'd been living in the same country with my current husband, I'd have happily married him the day after my divorce from my ex-husband (married almost 20 years) was completed.


In the middle east divorce is easy compared to Australia. They usually separate and divorce on the same day (but have tried to work it out). They try not to divorce because then the guy has alot of dowry to pay. It has to do with the fact that they can marry more than 1. They try and make it easy for people to be together. The only restrictions they have is if they divorce the same one 3 times they have wait 3 months to marry to another one and then can divorce him and remarry (that is the only complicated bit they have).

OP: Did you date (probably not the right word) before you got divorced? One suggestion I have for you is write about the culture in your statements how it is normal to marry fast and how you can live together without marriage.


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