Remarry in the UK if already married in home country.

[Madsamjp]

My girlfriend and I are planning on marrying in the UK. I’m a British citizen, she is an international student. She is already married in another country (Middle East). She ran away from her family, husband and her country and wants to settle here. She is unable to obtain divorce papers from her home country. Her passport doesn’t state she is married, however she did write she was married when applying for the visa. Can we marry here? Does the UK consider her marriage in another country?
Thanks.

[CR001]

She is married already and therefore won't qualify for a spouse visa as both (if applicable to both) have to prove to HO that you are free to marry.

If she has stated in a visa application that she is married, HO will be aware of this.

[Madsamjp]

She is married already and therefore won't qualify for a spouse visa as both (if applicable to both) have to prove to HO that you are free to marry.

If she has stated in a visa application that she is married, HO will be aware of this.

Sorry, I didn’t explain myself well enough. That wasn’t my question. We’re not applying for a spouse visa. I’m asking if the registry office will marry us. On the government website it states she needs to prove nationality (passport), address (utility bill), then we need to wait for 28 days. How can they tell if she’s already married in another country? Will they contact immigration to check her visa status? She’s here on an student visa.

[CR001]

In order to marry in the UK, you are required to give 28 days notice to an HO approved Registry office. They will then inform HO that you/partner wish to marry and this notice period can be extended to 70 days for HO to investigate and/or Interview each of you separately before permission to marry is granted.

So yes, HO will likely look at her immigration application record etc and will see that she has stated that she is married and expect to see evidence that she is divorced.

[Madsamjp]

In order to marry in the UK, you are required to give 28 days notice to an HO approved Registry office. They will then inform HO that you/partner wish to marry and this notice period can be extended to 70 days for HO to investigate and/or Interview each of you separately before permission to marry is granted.

So yes, HO will likely look at her immigration application record etc and will see that she has stated that she is married and expect to see evidence that she is divorced.

How can she get a divorce if her husband won’t agree to it? Is it worth trying anyway? If we try will we get into trouble?

[CR001]

How long have they been separated?

[Madsamjp]

How long have they been separated?

She fled her country recently (within the last month). She’s going to apply for asylum.

[CR001]

Asylum on what grounds??

[Madsamjp]

Asylum on what grounds??

It’s rather complex. Her relationship with her family broke down, so she cannot return there.

[Ballmigirl17]

Being married to 2 people at the same time is a criminal offence regardless of the issues she has back home.

she will be in big trouble and most likely never get a visa again. just something to think about

[dropandroll]

Being married to 2 people at the same time is a criminal offence regardless of the issues she has back home.

she will be in big trouble and most likely never get a visa again. just something to think about

Forced marriage and keeping someone prisoner is also against the law. If she is going to claim asylum based on these family issues, it sounds like the marriage probably isn't even valid.

Also, British courts are now recognising marriages conducted under Islamic rules, including divorce rights of women.
https://www.telegraph.co.uk/news/2018/0 ... orce-case/

Under Sharia a woman has a right to divorce if the husband has fallen short of his commitments.

So if the British govt want to insist her marriage is binding, they also have to commit to upholding her right to divorce.

[Londoner007]

Easy there - I cannot see him stating at all she was forced married. All that was stated is she left the country away from Husband by applying as a student. Sounds very fishy to me.

You do realise you can get Talaq Khula, where the women asks for a divorce from the courts in the country it was registered,