Relationship in the uk and the same time you get married back home

[dxbdxb]

Dear Memebers thanks in advance

One of my friend had a relationship in the uk till November 2023, while he was in a relationship he went back home and got married in 2020 but he has not registered the marriage back home, now he got one year old son and he wants to bring his family to the uk, any chance he can bring his Mrs and son to the uk? if yes, what he need to do? please need your help. Thanks

[alterhase58]

Is friend British or a foreign national ?
If not British what immigration status did he have?
The fact that he "had a relationship" in the UK is irrelevant.
Perhaps he could register here and provide his immigration history, to enable members to comment further.

[dxbdxb]

Thanks for the quick response,
He is britsh national and he got his british nationality on EU settlement scheme.
if he register his marriage will be any problem? the immigration officer will rasise any question?
what about his son status now he can apply for his son naturalisation? or he can apply direct for his passport? Thanks

[alterhase58]

Thanks for the quick response,
He is britsh national and he got his british nationality on EU settlement scheme.
if he register his marriage will be any problem? the immigration officer will rasise any question?
what about his son status now he can apply for his son naturalisation? or he can apply direct for his passport? Thanks

Not an expert on family visas...

Was the marriage conducted under the laws of the country (which?) - why wasn't it registered?
- Wife needs to apply for a UK spouse visa (https://www.gov.uk/uk-family-visa/partner-spouse)
- Husband needs to reside in the UK first and comply with the financial requirements as sponsor of spouse.
- Wife needs valid visa to enter the UK (but not a visitor visa!)
- If son was born after father became BC he can apply for a British passport now (should have done so before).

Others may comment (or correct) further.

[Casa]

Further to previous advice, when you refer to another 'relationship' in the UK, was this a marriage/civil partnership which hadn't been legally dissolved at the time.

[dxbdxb]

Thanks for the reply,
Yes marriage was conduted as per the country law(Nikah) but not registered, he can register now? if yes what date he can mention the day he get married? in november 2020? there will be any problem? becuase he was in a relationship in the uk with EU family till november 2023? his son born before his BC.Thanks

[dxbdxb]

Thanks for the reply, Relationship in the UK was dissolved legally in november 2023.

[alterhase58]

Can't comment on "Nikah" aspect - is it recognised as legal marriage under local civil law (not religious)?

Son is not British as was born before father became British - son needs a family visa along with mother.

[meself2]

Is your friend a EU national or did they get their settled status via EU spouse?
If it's the latter, declaring this relationship as beginning from 2020 may cause even more complications.

[dxbdxb]

He got his settled status via EU Spouse.
there is no way he can get family visa for his Mrs and son?

[Casa]

He got his settled status via EU Spouse.
there is no way he can get family visa for his Mrs and son?

If the second marriage took place before the previous marriage was legally dissolved, it won't be recognised under British law.

Therefore, the other woman currently living outside of the UK won't be considered as his legal wife for immigration purposes and won't qualify for a spouse visa.

It seems that your friend has got himself into a bit a a pickle.

[secret.simon]

@Casa, in this case, as the first marriage with the second wife isn't registered and the friend in question is now legally divorced, can the friend now marry the second wife legally and then sponsor them?

To the OP, of course, keep in mind that your friend will have to meet all the requirements of a British citizen sponsoring their spouse, i.e. they need to meet the minimum income requirement, the spouse to meet the A1 English requirement, etc.

[Casa]

@Casa, in this case, as the first marriage with the second wife isn't registered and the friend in question is now legally divorced, can the friend now marry the second wife legally and then sponsor them?

If the marriage was never registered under the legality of the country where it took place, then in my opinion they are now free to re-marry and legally register this. However, the issue may be that their son was born before the UK registered marriage was dissolved