Countries that Recognize Polygamous Couples in the Immigration Process
by kalyani10
One of the most common grounds for immigration to a country is on the basis of marriage – the legal spouse of a citizen of a country is accorded the right to move into the country so as to be with his/her marital partner. However marriage is itself a complex institution and takes different forms in different cultures. While monogamous marriages are the norm in most civil societies, many cultures and countries have provisions for polygamy under law. This has led to some complexity in immigration laws especially in case of polygamous couples who wish to migrate in a country which does not recognize such a practice. Here are however some countries which have special provisions for immigration in the context of polygamous marriages.
United Kingdom
Under Section 11(d) of the Matrimonial Causes Act 1973 in England and Wales it is a criminal offence to be a bigamist – in other words being married to more than one person can land you in jail. There is corresponding legislation for Scotland and for Northern Ireland.
Polygamous marriages are however recognized in UK if it took place according to the laws of country in which it was performed. thus if an Entry Clearance Officer evaluating immigration application papers finds that the form of the polygamous marriage ceremony complied with the requirements of the laws of that country, he/she is bound to rule the marriage as valid. An amendment to the Matrimonial Causes Act 1973 by the Private International Law (Miscellaneous Provisions) Act 1995 means that all potentially polygamous marriages which are actually monogamous are regarded as valid. The marriage will, however, be deemed to be void by any subsequent marriage by one of the parties, or by an annulment.
In case of immigrant applicants from polygamous marriages, the right to settle in the UK is granted to only one wife, who is not necessarily the first wife. When applying the rules for polygamous spouses it is not the order in which polygamous spouses marry which is crucial but the order in which they go to the UK1. However the presence of any wife in the UK as a visitor, illegal entrant or on temporary admission does not count for the purposes of considering an application from a polygamous spouse.
In recent times, the instance of polygamy in immigration has taken up some media space. There are reports2 of men, usually Muslims from Pakistan, bringing one wife into Britain through the spouse visa route while others come into the country through a different immigration category. The state effectively recognizes polygamous marriages by paying extra wives smaller amounts of income support in addition to the normal sum received by the husband and their first spouse. Under the existing system, polygamous husbands and their first wives can claim the standard couples’ rate for income support of £105.95 a week while second and subsequent spouses living under the same roof receive an additional £38.45. They can also claim housing benefit and council tax benefit if they reside together. There is a proposal to bring changes with the Welfare Reform Bill, which will introduce a single Universal Credit in 2013. But the media has pointed out that this will also mean that second wives, living with their husbands and their first wives, will be able to claim as a single person, on top of the sum received by the couple.
Australia
In Australia generally speaking, marriages which are recognized under the law of the country where the marriage was solemnized, are recognized as a valid marriage under migration law. However one of the exceptions is polygamous marriages – thus even if a polygamous marriage is legally accepted in another country, in the context of immigration, it will not be valid in Australia. If a man is in a polygamous marriage, then only the first of his marriages is capable of being recognized as a valid marriage for the purpose of immigration. Even then, the relationship between the man and his first wife would have to meet all the legal requirements – including whether he and his first wife have a mutual commitment to a shared life to the exclusion of all others, including any concurrent “spouses”. This requirement means that any concurrent “spouse relationships” must have ended either by permanent separation or death. For subsequent polygamous marriages that occur after the first marriage, such relationships will not be recognized as a valid marriage even if it is the only ongoing marital relationship. However, if the subsequent marriage is the only on-going relationship, then the man and his wife may be able to apply for immigration on the grounds of satisfying the requirements for a de-facto relationship.
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New Zealand
Under New Zealand immigration law, an application under partnership policy is generally declined if the application is based on marriage or a civil union to a New Zealand citizen or resident and either that New Zealand citizen or resident, or the principal applicant is already married to or in a civil union with another person. However there exists a qualification to the exclusivity requirement which forms part of the definition of a genuine and stable partnership according to which principal applicants in polygamous marriages or relationships may have only one partner included in their application for residence3.
Canada
Canadian immigration laws do not allow polygamists to immigrate to Canada. Multiple marriages are not recognized under Canada’s immigration legislation. Those convicted of polygamy are liable to have their permanent residency revoked. However in Canada, marriages are governed by provincial law which may recognize polygamy in certain cases. For instance wives in polygamous marriages are recognized as spouses under the Ontario Family Law Act, providing they were legally married under Muslim laws abroad4. In fact, in the province of Saskatchewan, the family law courts provide legal protection for polygamy or polyandry. Thus one of the spouses of a man may enter the country as a valid partner while other spouses are sponsored or arrive as visitors to join their husband to share one home.
US
In United States too, there are some polygamous households among Muslim immigrants. In 1890, The Church of Jesus Christ of Latter-day Saints formally abolished the practice of polygamy in a document labeled 'The Manifesto' though some cases of practice of polygamy may still continue among the followers of LDS Church. However for all immigration purposes, polygamy is completely banned.
In parts of the world where polygamy is practiced by law would also allow polygamous immigrants in the country. Most countries of Africa and Middle East allow polygamy on the basis of religious and cultural practices. Certain Asian countries like India and Sri Lanka, though allow only their Islamic citizens to legally practice polygamous marriages. Generally countries which allow polygamous marriages by law would also allow immigrants with more than one spouses.
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