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Old Nov 30th 2017, 2:16 pm   #1
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Default Sponsoring 2nd wife and child from ex-wife

Hi all,

I'm on PR and living in Australia. I want to sponsor my 2nd wife on Partner Visa and my daughter from my ex-wife.

I'm sure that I can sponsor my 2nd wife but I'm not sure if I can sponsor my daughter or not?

My daughter, aged 3 years, is currently living with my ex-wife. However, so far my ex-wife has not put any objections and she will be happy to handover her custody to me so that my daughter can live with me in Australia.

Kindly let me know how shall I proceed?

Thanks,
Lilly.
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Old Dec 1st 2017, 2:32 am   #2
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Default Re: Sponsoring 2nd wife and child from ex-wife

As they are not related you would need to apply for a spouse visa for new wife and a child visa for your child, 101 I think.

If the child’s mother decides she does not want them to migrate you will have a problem, she may well change her mind when she realises just how difficult it will be to play a part in their life from such a distance. After all would you want to be on the other side of the world from your young child?
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Old Dec 1st 2017, 6:21 am   #3
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Default Re: Sponsoring 2nd wife and child from ex-wife

Quote:
Originally Posted by Lilly23 View Post
Hi all,

I'm on PR and living in Australia. I want to sponsor my 2nd wife on Partner Visa and my daughter from my ex-wife.

I'm sure that I can sponsor my 2nd wife but I'm not sure if I can sponsor my daughter or not?

My daughter, aged 3 years, is currently living with my ex-wife. However, so far my ex-wife has not put any objections and she will be happy to handover her custody to me so that my daughter can live with me in Australia.

Kindly let me know how shall I proceed?

Thanks,
Lilly.
Were you married to the first wife when you applied for/received your PR? Was the child mentioned on the original application as migrating or non-migrating?
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Old Dec 1st 2017, 7:17 am   #4
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Default Re: Sponsoring 2nd wife and child from ex-wife

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Originally Posted by Pollyana View Post
Were you married to the first wife when you applied for/received your PR? Was the child mentioned on the original application as migrating or non-migrating?
Good points! To the OP it is hard to give advice without knowing the background. If you do not wish to put detail on a public forum then you might be better advised to consult a registered agent for advice.
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Old Dec 1st 2017, 7:23 am   #5
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Default Re: Sponsoring 2nd wife and child from ex-wife

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Originally Posted by rammygirl View Post
If the child’s mother decides she does not want them to migrate you will have a problem, she may well change her mind when she realises just how difficult it will be to play a part in their life from such a distance. After all would you want to be on the other side of the world from your young child?
Yes, there is a possibility that she may change her mind. But so far I think she will give her custody to me (for various reasons). Its very difficult for me to live without my daughter. There are several reasons due to which its not in my and my daughter's interest that we both live where she is living now. Therefore, I want to sponsor my daughter along with my 2nd wife.


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Were you married to the first wife when you applied for/received your PR? Was the child mentioned on the original application as migrating or non-migrating?
I got PR before my first marriage. I never applied (any) visa for my first wife and daughter. This will be the first time I'll be sponsoring visa to my second wife and daughter.
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Old Dec 1st 2017, 9:35 am   #6
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Default Re: Sponsoring 2nd wife and child from ex-wife

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Originally Posted by Lilly23 View Post
Yes, there is a possibility that she may change her mind. But so far I think she will give her custody to me (for various reasons). Its very difficult for me to live without my daughter. There are several reasons due to which its not in my and my daughter's interest that we both live where she is living now. Therefore, I want to sponsor my daughter along with my 2nd wife.
You would certainly need to fulfil whatever requirements DIBP have for proving you have her mother's permission for her to live with you, rather than the mother. It would be a 101 Child Visa, as already said.

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I got PR before my first marriage. I never applied (any) visa for my first wife and daughter. This will be the first time I'll be sponsoring visa to my second wife and daughter.
I must be honest, I think a consultation with an agent would be a good idea. DIBP are going to look at the fact that since you got PR you got married, had a child, and got divorced, without bringing that family to Australia to join you. Now you have a second wife, and want that wife to care for the child. You are willing to sponsor the second wife, but not the first.

I'm not making any judgements, I'm just saying that DIBP will probably find this very unusual and an agent may recommend the child comes first, or the new spouse or....I don't really know. But there are two different visas involved, Spouse and Child, and a chat about a good visa strategy would not go amiss.
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Old Dec 1st 2017, 10:49 am   #7
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Default Re: Sponsoring 2nd wife and child from ex-wife

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I must be honest, I think a consultation with an agent would be a good idea. DIBP are going to look at the fact that since you got PR you got married, had a child, and got divorced, without bringing that family to Australia to join you. Now you have a second wife, and want that wife to care for the child. You are willing to sponsor the second wife, but not the first.

I'm not making any judgements, I'm just saying that DIBP will probably find this very unusual and an agent may recommend the child comes first, or the new spouse or....I don't really know. But there are two different visas involved, Spouse and Child, and a chat about a good visa strategy would not go amiss.
Thanks for your response.

1) I'm ready for consultation. But how much they will charge? And will you or anyone recommend any agent, please?

2) So these are two different visa: spouse and child? I thought I've to add my daughter in spouse visa application. If its separate visa, then dose it mean they will be processed independently of each other? And dose it mean I can sponsor first my (2nd) wife and later apply separately for Child Visa?

As for sponsoring ex-wife, this is definitely out of question, as she will never agree. My ex-wife parents are pushing her for second marriage, in which case she is bound to handover child custody to me (due to religious rule). I know sooner or later this will happen. So the only way left for my daughter is to join me in Australia. I married my second wife on a condition that she will take care of my daughter. She agreed and therefore we married. And so far she is fulfilling her commitment to her best by continuously sending gifts to my daughter and trying her best to make mother-daughter relationship with my daughter. My ex-wife and her parents also (in-directly) realized this fact.
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Old Dec 1st 2017, 12:53 pm   #8
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Default Re: Sponsoring 2nd wife and child from ex-wife

Quote:
Originally Posted by Lilly23 View Post
Thanks for your response.

1) I'm ready for consultation. But how much they will charge? And will you or anyone recommend any agent, please?

2) So these are two different visa: spouse and child? I thought I've to add my daughter in spouse visa application. If its separate visa, then dose it mean they will be processed independently of each other? And dose it mean I can sponsor first my (2nd) wife and later apply separately for Child Visa?

As for sponsoring ex-wife, this is definitely out of question, as she will never agree. My ex-wife parents are pushing her for second marriage, in which case she is bound to handover child custody to me (due to religious rule). I know sooner or later this will happen. So the only way left for my daughter is to join me in Australia. I married my second wife on a condition that she will take care of my daughter. She agreed and therefore we married. And so far she is fulfilling her commitment to her best by continuously sending gifts to my daughter and trying her best to make mother-daughter relationship with my daughter. My ex-wife and her parents also (in-directly) realized this fact.
I think you misunderstood Pollyanna, she wasn't suggesting that you might sponsor your ex-wife in the future - that would be impossible. She's advising you that DIBP might think it's strange that you were PR in Australia and had a wife and child overseas but but didn't sponsor them, but now you want to sponsor your second wife and the child from your first marriage. I also think that you need to talk to a registered agent.

Just to be clear - you and your first wife are divorced, and both that divorce and your marriage to your second wife are legally recognised in Australia?
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Old Dec 1st 2017, 1:31 pm   #9
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Default Re: Sponsoring 2nd wife and child from ex-wife

As far as agents are concerned, you should only go to a MARA registered agent. George Lombard has been a long time poster on here and is very highly regarded. You can find his details in his profile but if you want someone you can actually meet rather than deal with online/email/skype etc then click on the link and do a search for one near you. You don't need to meet, many people don't bother. Alan Collett at Go Matilda is another highly regarded agent.

Most MARA registered agents will offer the first consultation free of charge so you could get an idea of what problems they think you may face. Good luck.
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Old Dec 1st 2017, 3:13 pm   #10
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Default Re: Sponsoring 2nd wife and child from ex-wife

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Originally Posted by spouse of scouse View Post
I think you misunderstood Pollyanna, she wasn't suggesting that you might sponsor your ex-wife in the future - that would be impossible. She's advising you that DIBP might think it's strange that you were PR in Australia and had a wife and child overseas but but didn't sponsor them, but now you want to sponsor your second wife and the child from your first marriage. I also think that you need to talk to a registered agent.

Just to be clear - you and your first wife are divorced, and both that divorce and your marriage to your second wife are legally recognised in Australia?
Thanks for the clarification. Yes, divorce from first wife and marriage to second wife is legally accepted.

I want to clear one more thing here. When I first married and had a child, I was having a PR, but I was not living in Australia.

So it goes like this:

- I got PR when I was single / unmarried
- I came Australia to stamp PR and left as I was having good job overseas.
- I married my first wife and had a child. We continue to live overseas.
- First wife left me and took my daughter along with her. She separated and asked for divorce
- I didn't gave her divorce, and moved to Australia as I lost job due to all this mess. Psychologically disturbed, mentally tortured and spiritually ripped-off, I tried to find peace and work in Australia.
- She lodged divorce paper and I singed those while I was in Australia.
- I went back (overseas) and married second wife
- Now I came back to Australia and continue working
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Old Dec 1st 2017, 3:32 pm   #11
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Default Re: Sponsoring 2nd wife and child from ex-wife

Quote:
Originally Posted by Lilly23 View Post
Thanks for your response.

1) I'm ready for consultation. But how much they will charge? And will you or anyone recommend any agent, please?

2) So these are two different visa: spouse and child? I thought I've to add my daughter in spouse visa application. If its separate visa, then dose it mean they will be processed independently of each other? And dose it mean I can sponsor first my (2nd) wife and later apply separately for Child Visa?

As for sponsoring ex-wife, this is definitely out of question, as she will never agree. My ex-wife parents are pushing her for second marriage, in which case she is bound to handover child custody to me (due to religious rule). I know sooner or later this will happen. So the only way left for my daughter is to join me in Australia. I married my second wife on a condition that she will take care of my daughter. She agreed and therefore we married. And so far she is fulfilling her commitment to her best by continuously sending gifts to my daughter and trying her best to make mother-daughter relationship with my daughter. My ex-wife and her parents also (in-directly) realized this fact.
As Spouse of scouse has said, you can't sponsor your ex-wife, as she is your ex, but DIBP are going to think it strange that you married and then divorced her, and did not sponsor her to come here and join you.

You child cannot go on the Spouse Visa application with your second wife because the child is not her dependent. Only her own children could be added as her dependents.
The child will need a separate Child Visa (the code number is 101), sponsored by you, as she is your dependent. They will be independent applications processed separately, and I think you need advice on which to do first.

Moneypenny has given you good info on agents, contact them and they will advise you of their charges for a consultation. As you are already confused, and this is not a simple Spouse Visa application, I think you should at least talk to one before starting an application.
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Old Dec 1st 2017, 3:59 pm   #12
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Default Re: Sponsoring 2nd wife and child from ex-wife

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As Spouse of scouse has said, you can't sponsor your ex-wife, as she is your ex, but DIBP are going to think it strange that you married and then divorced her, and did not sponsor her to come here and join you.

You child cannot go on the Spouse Visa application with your second wife because the child is not her dependent. Only her own children could be added as her dependents.
The child will need a separate Child Visa (the code number is 101), sponsored by you, as she is your dependent. They will be independent applications processed separately, and I think you need advice on which to do first.

Moneypenny has given you good info on agents, contact them and they will advise you of their charges for a consultation. As you are already confused, and this is not a simple Spouse Visa application, I think you should at least talk to one before starting an application.
Thanks Pollyana. I think one of my reply post is missing in which I explained why I didn't sponsored my first wife & daughter.
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Old Dec 2nd 2017, 2:27 am   #13
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Default Re: Sponsoring 2nd wife and child from ex-wife

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Thanks Pollyana. I think one of my reply post is missing in which I explained why I didn't sponsored my first wife & daughter.
Its not me you will need to explain to, its DIBP. Its unusual, even more so as you now want your child to leave her mother and be raised by your second wife. I really suggest professional advice, you don't want to be looking at a refusal on either visa
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Old Dec 3rd 2017, 1:04 am   #14
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Default Re: Sponsoring 2nd wife and child from ex-wife

Lily, we're all just users like you but with more immigration experience. We're not experts. BE doesn't allow anyone to give advice that could turn out to be incorrect so we're more than happy to help but also to admit when we don't know. As your case is different enough for us to have not experienced it before we can only advise expert help from this point. We're very good at the general and specific but common problems, yours doesn't fit in those groups. Check back to my MARA info in post #9 above.

Do continue to ask other questions and do let us know what happens with your application, always useful for people coming on in future.
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Old Dec 3rd 2017, 6:26 am   #15
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Default Re: Sponsoring 2nd wife and child from ex-wife

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Lily, we're all just users like you but with more immigration experience. We're not experts. BE doesn't allow anyone to give advice that could turn out to be incorrect so we're more than happy to help but also to admit when we don't know. As your case is different enough for us to have not experienced it before we can only advise expert help from this point. We're very good at the general and specific but common problems, yours doesn't fit in those groups. Check back to my MARA info in post #9 above.

Do continue to ask other questions and do let us know what happens with your application, always useful for people coming on in future.
Hi moneypenny,

Thank you for clearing up.

BE is very helpful. And I understand that my case is different and I need to take expert advise here.

Thank you all for your responses and help.

I will try to update here (whatever possible) regarding my case.

Meanwhile, if anyone knows any person who has gone through the same case, then don't forget to share his/her contact details with me.

Best,
Lilly.
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