Australian Polygamous Marriages And Partner Visas
Today’s Blog update will briefly discuss the topic of Australia’s partner visas and polygamous marriages.
Polyamory and polygamous marriages are not uncustomary anymore in the present time and can also constitute part of a tradition, culture, and religious practice in many countries. When individuals seek to migrate to Australia and are entangled in a polyamorous relationship, there is still indecision as to how this is evaluated when applying for a Partner Visa. To be eligible for a Partner Visa, the applicant must be either married to or in a de facto relationship with an Australian Citizen, Permanent Resident, or an eligible New Zealand citizen at the time of their application.
In Australia, under section 94 of the Marriage Act 1961[i] bigamy or polyamorous marriage, described as marrying another person who is already married, is illegal. However, some cases explore the concept of polyamorous marriages and relationships and whether these can fit within the description of the de-facto relationship and spousal relationship under the Migration Act 1958.
So, What Exactly Is A De-Facto Relationship?
Under Section 5CB Of The Migration Act 1958[Ii], A De-Facto Relationship Is Explained As Including These Factors:
- Mutual commitment to a shared life to the exclusion of all others;
- A genuine and a continuous relationship;
- They live with each other or do not live apart on a permanent basis; and
- Are not related by family
According To Australian Migration Rules, Who Is Considered A Spouse?
Under Section 5F Of The Migration Act 1958[Iii], A Spouse In A Married Relationship Is Described As Including Factors Such As:
- Married to each other through a marriage that is value for the purposes of the Act; and
- Mutual commitment to a shared life as a married couple to the exclusion of others; and
- A genuine and continuous relationship; and
- They live with each other or do not live apart on a permanent basis.
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