Help with Immigration Law ... Pakistan/UK

[Kabzi]

hi. got a question regarding British Citizenship and 2nd Marriage. ok. the short version is ...

lady from UK gets married to man from Pakistan in 1998. registered marriage in UK in 1999. lady and man split up in 2000 and lady's whereabouts is unknown though she is said to be ok.

man has recently married again to another lady in Pakistan and has requested for her Visa.

my question is, if 1st wife's whereabouts is unknown and no divorce proceedings have taken place. how does this affect the guy's British Citizenship (they have been split up since 2000 - 4 years). also how would this affect his application for his 2nd wife's visa.

also can anyone help with a contact no. or website for Pakistan Immigration or Visa application. Cheers.

[Cosmopol]

British law doesn't recognize polygamy. Where polygamy takes place in accordance with laws / traditions of other countries only the first spouse is eligible for UK immigration benefits.

I am not saying you live in polygamy (you described the situation), but you must get a formal divorce first with your missing spouse before you can petition the government on behalf of your second spouse.

Perhaps someone here is knowledgeable about divorce proceedings in UK when one spouse is physically absent from the family home for an extended period of time?

I will also move the topic to the "family" section soon (after I'm sure you saw this note and know where to look for it later).

[Kabzi]

Thanks for the reply m8. The person in question in not me but my cousin (The Lady).

ok, the lady was born in the UK and lived here all her life (so not too worried about immigration with regards to herself). The guy in question was born in Pakistan and has only lived here since 1999 (around 5 Yr). The last 4 years they have been split up and have had no contact with each other. been told that he's now got his citizenship.

The guy has recently married again to a girl in Pakistan and has applied for her visa to come to the UK.

Can he legally do this because as you say by UK law he can not have more than 1 spouse (Polygamy)? and can his British Citizenship be revoked as although he has been living here for 5 Yr. he and his 1st wife have been separated for the last 4 Yr. ? Thanks for your help.

[Cosmopol]

I can't say with full certainty that he'd lose his UK citizenship, but he must divorce without a question if he wants to bring his second spouse to the UK.

[Kabzi]

Do UK Immigration check up on this i.e. the fact that he is already married? I'm assuming they will do but what could happen in the event that his 2nd wife is granted a visa on the understanding that UK Immigration are unaware of his 1st marriage?

Many Thanks.

[Cosmopol]

Both of them would be breaking the law, and if this ever comes up, either or both could be stripped of their acquired citizenship for good.

[Kabzi]

one last thing (I promise) ... Is he even allowed to marry again albeit in a different country. would Polygamy still be an issue as he now has 2 wives, one he married in UK and the other abroad ? Is he legally allowed to do this.

[Cosmopol]

The legality of polygamy is a local matter, i.e. he wouldn't be allowed to legally marry for the second time in the UK (unless of course he conceals the first marriage and swears that he is single, but then even though the marriage ceremony occurs, the marriage itself is illegal).

At the same time it's possible to marry for the second time in the jurisdiction where polygamy is allowed -- but that marriage [ceremony] would not be recognized in the UK or other countries with similar laws, and so for the purposes of law (and benefits) of those countries it wouldn't exist.