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Discussion Starter · #1 ·
hi Everyone,

I am on a skilled graduate 485 visa. I want to marry a girl and she used to have a dependant before and now they are separated ( not divorced) and they already made an individual application on the DIAC for their new visa..

Now I want to marry her and get her as my dependant and I want to register the marriage. I ringed DIAC and I was advised that they need a proof of my certificate. In this situation can I marry her again and made her application.
 

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I'm confused. You cannot marry someone who is still married to someone else.
 

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they already made an individual application on the DIAC for their new visa..
Can you clarify the above? What new visa has she just applied for?
 

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Okay - so she and her husband declared to Immigration that their relationship is over, and then took her off his visa and she applied for her own. Is that right?

If so... the 485 is not my area of expertise, but I believe if you can't marry her you'll have to prove she's your de facto partner and has been for the last six months. In other words, you'll have to demonstrate that you have lived with her for the last six months, shared finances, etc. Be really careful, though - if you claim that you've been de facto partners with her during a time period BEFORE she and her husband told immigration they had ended their relationship, that would mean that she violated the terms of her previous visa (she's legally required to notify Immigration as soon as her relationship ends) and there's a good chance it would be a pretty big problem.
 

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Discussion Starter · #7 ·
hmm..ok. can i just register a marriage . it is confirmed that her husband doesnt have any problem on this. or other advice please.
 

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No. You can't "register a marriage." That's the same thing as getting married. You can't marry someone who is already married. That is against the law in Australia.
 

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You could potentially register your relationship with her (if you live in an Australian state that allows it), but you're still going to need evidence of having lived together, combined finances, etc. for at least a few months, AFTER she notified Immigration of her split from her husband.

Also, it's quite probable that her still being married is going to stop her from applying as your partner anyway. At a few overseas posts where divorce is something that is not done in that country, it's possible to be considered a de facto couple with someone who is still married. However, that's rare - and given that they're both in Australia I'd say it would be pretty impossible.

Your case is very complicated, and I don't think your chances are very good. You might want to run it past a registered migration agent just to make sure.
 

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Okay, let me say this again: You CAN NOT MARRY HER while she is still married to someone else. If you do, that's bigamy and she will go to jail.... possibly you as well.
 
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