Spousal visa refused.... can anyone please offer advice?

[sunnyhuni]

Dear All,

Can anyone please advise
My wife spouse visa is refused today stating that I was married previously
I was married in nov 2009 with my 2nd wife
and got divorce in 2012 from my 1st wife
my wife is refused due to this that I had my first wife not divorced
I have registered my 2nd marriage in Pakistan after I recieved the Divorce from 1st wife in UK in 2012

can you please advise what should I do
Thanks

[Wanderer]

Dear All,

Can anyone please advise
My wife spouse visa is refused today stating that I was married previously
I was married in nov 2009 with my 2nd wife
and got divorce in 2012 from my 1st wife
my wife is refused due to this that I had my first wife not divorced
I have registered my 2nd marriage in Pakistan after I recieved the Divorce from 1st wife in UK in 2012

can you please advise what should I do
Thanks

Marry second wife legally.

[Obie]

If marriage was conducted in Pakistan and valid there, then if you divorce the first wife, that should be OK, provided this was done overseas.

It is important to draw a distinction between valid polygamous marriage and an invalid bigamous marriage.

The UK has had a long standing policy of not recognising the marriage of the later, but in the case of the former, it is a valid marriage, but both of the spouse to that marriage cannot come to the UK, spouse 2 or spouse 1 can be admitted, but not both.

If the person was domiciled at a country where this is permitted, then he will have a choice of which spouse to bring to the UK, but both cannot be admitted.

[secret.simon]

I recieved the Divorce from 1st wife in UK in 2012

Did your first wife come to the UK as your spouse? Or was she in the UK in another capacity (her own visa or she being a British citizen, for example)?

[sunnyhuni]

my first wife was british,
and first Marriage happened in Pakistan as well
first marriage 2003
Divroced 2012
Islamic verbal divorce 2009

2nd marriage 2009
visa applied 2016
visa refused 2017

is it possible to remarry in Pakistan?
or shall i apply for her Fiance visa

kids are british citizen from 2nd wife will it affect their citizenship as the 2nd marriage invalid?

please advise

[CR001]

Where did the official divorce take place in 2012.

[sunnyhuni]

The Divorce was issued in UK I have the decree of divorce certificate
happened in 2012

[CR001]

2012 is what HO will recognised as the date of divorce.

The 'islamic verbal divorce' in 2009, was this done in the UK?

[sunnyhuni]

Yes the islamic verbal divorce was in the UK

Please bare in mind both of my marriages held in Pakistan
and i have not registered any of the marriage in UK
they accepted my first marriage in UK which held in Pakistan.
and grant me spouse visa

Many thanks

[CR001]

Makes no difference where you were married, HO would accept it if it is legal. There is no requirement to register a foreign marriage in the UK.

The issue is that, HO won't recognise a marriage/divorce process conducted in the Islamic way in the UK.

[Casa]

Yes the islamic verbal divorce was in the UK

Please bare in mind both of my marriages held in Pakistan
and i have not registered any of the marriage in UK
they accepted my first marriage in UK which held in Pakistan.
and grant me spouse visa

Many thanks

It's irrelevant whether you registered your marriages in the UK which took place in Pakistan.

You should be well aware that the Shariah Council advise that in the event of a Islamic verbal divorce in the UK you also need a Civil Divorce (Decree Absolute) in order for the divorce to be recognised under British law.

[Obie]

The issue of domiciled is the difficulty. Otherwisee the other marriage would have been recognised, but it does not appear that you were domiciled in Pakistan at the time of the second marriage.

[sunnyhuni]

Casa and Obie Please advise what should I do now??

Your advise will be much appreciated!!!

[Casa]

In my opinion you should apply for a fiance visa and marry in the UK.

[sunnyhuni]

anyone who have been in such a situation please advise
any success cases anyone experienced, in this situation like me can please contact me,
and any path they followed and got successfull please share what you did for your application to be successfull

thanks

[sunnyhuni]

@Casa

They have all the information about my marriage will they not say you been married and now you are a fiancee?,
and If i re marry is it possible to re marry in Pakistan?
I am Sorry I just dont know anything about these things
your kind advise is really appreciated

[Casa]

@Casa

They have all the information about my marriage will they not say you been married and now you are a fiancee?,
and If i re marry is it possible to re marry in Pakistan?
I am Sorry I just dont know anything about these things
your kind advise is really appreciated

As far as British law and immigration are concerned, you are not considered to be married as this marriage isn't recognised. That's why your visa application has been refused.

However, you're unlikely to be able to re-marry in Pakistan as it seems that the marriage is recognised there. This is why I've suggested applying for a fiance visa.

[sunnyhuni]

@Casa
what are the requirements for the Fiancee visa,
what would I need to do, in order for me to apply for Fiancee visa and then re marry in UK do I have to provide any evidence that I will re marry here
if yes what will I need to provide to them with my application please

[Casa]

You need to submit the same evidence of income, accommodation, A1 level English, valid TB certificate and proof of a genuine relationship as you submitted for your rejected Spouse visa application.

The ECO will expect to see proof that a wedding is being planned such as quotes from venues. You could also email the Registrar and ask for available dates for the civil ceremony.

After the wedding your wife will have to submit a FLR(M) application within 6 months.

https://www.gov.uk/join-family-in-uk/overview

https://www.gov.uk/remain-in-uk-family/apply

[sunnyhuni]

Thank you Casa! much appreciate your kind advice.

I will also seek legal advice on this would you recommend any good Solicitors in London please?

[Casa]

The forum Ts&Cs don't permit the recommendation of legal professionals.

[sunnyhuni]

one more question please

on my wife passport and ID card it stated that wife of me, and if i apply as fiancee will they not treat this as false information provided?

as they will see the passport and ID Card or do i have to make amendments in passport and id card

please advise

[Casa]

This is a common situation. Simply explain the circumstances in the application.

[Luckybird]

Is your divorce registered with Nadra and if so were you issued with a divorce certificate by them or your union council in Pakistan?

[sunnyhuni]

Hi everyone,

I am still stuck on the same point and really confused what the best thing to do.
I dont want to ruin my case and make it hard for myself.
I would like to know any had the same situation and got successfull what they have done
please if there is any help that will be much appreciated.

Please advise shall I apply for Fiancee visa or re marry in Pakistan as i think it is possible to re marry over there. and couple of people told me to re marry. but a couple of people warned me as well it will make the case complicated.
and the same is the case with Fiancee visa.

please if anyone come across with such situation let me know what they did?

many thanks