Spouse or Fiance Visa (2nd Marriage) Advice Needed

[Engineer786]

Hi folks,

I am new to the forum. I have seen very helpful topics here. Can someone advice me under which category shall I apply for my case 'Spouse or Fiance'?

1st Marriage - 2007 UK
Received my British Passport - January 2011
We have no kids and with time our relationship was getting difficult therefore we decided to move on
We have stop seeing each other from early 2015.
Islamic Divorce (Talaq given in December 2016 but only evidence is text messages)
English Divorce applied - December 2017
Decree absolute - August 2017

Spouse Case
I got married in Pakistan on 11 December 2017 before decree absolute was pronounced ( August 2017).
- Court have accepted that the relationship was ended 2 years ago (in June 2015) and pronounced decree absolute in August 2017.
A daughter was born from my 2nd Marriage in September 2018 and home office have given her Right of Abode on January 2019.

Now the question is : Can home office raise a point where they can say that as per UK law you were not free to marry as decree absolute was not pronounced at the time of your second marriage?
In my case i get married in a country which allows polygamy or multiple wives. Therefore, I believe i have not break any law. Second I am only applying for the 2nd wife after final divorce (decree absolute) was given.

Fiance Case
To avoid above situation I could apply under 'Fiance category' as the intention is to bring my 2nd wife to UK and marry again (English Marriage).
- Issue is we have a 5 months daughter and for her ROA visa we have already provided home office with the 'Nikkah Namas' (Islamic Marriage Certificates). Would this contradict with Fiance case?
Also the fiance route seems safe but it is expensive compare to spouse.

I hope someone will look into above and give their expert opinion for my case.

[Engineer786]

I did a mistake - Decree absolute date was August 2018.

[Casa]

As your second marriage isn't recognised under British law, I can't see that you have any viable option other than applying for a fiance visa and marrying in the UK.

[Engineer786]

Thanks Casa for the quick reply.

For my daughters case i have already given the home office my nikkah nama (Marriage Certificate from Pakistan) and she have been offered 'right of abode'. Would this not contradict with the fiance case ? Also while filling form "VAF4A" they have asked following questions

(Link for the forum)
https://assets.publishing.service.gov.u ... -08-18.pdf

1.9 Are you seeking permission to come to the UK as a fiancé(e) or proposed civil partner to enable your marriage or civil partnership to take place in the UK? Put a cross (x) in the relevant box
YES

1.10 Are you married/in a civil partnership with your sponsor?
YES??
Do i need to further explain that the marriage might not be recognized under UK Law. Hence the reason I am applying under fiance visa.

Your quick response will be highly appreciated.

Kind Regards,
AJ

[Casa]

Thanks Casa for the quick reply.

For my daughters case i have already given the home office my nikkah nama (Marriage Certificate from Pakistan) and she have been offered 'right of abode'. Would this not contradict with the fiance case ? Also while filling form "VAF4A" they have asked following questions

(Link for the forum)
https://assets.publishing.service.gov.u ... -08-18.pdf

1.9 Are you seeking permission to come to the UK as a fiancé(e) or proposed civil partner to enable your marriage or civil partnership to take place in the UK? Put a cross (x) in the relevant box
YES

1.10 Are you married/in a civil partnership with your sponsor?
YES??
Do i need to further explain that the marriage might not be recognized under UK Law. Hence the reason I am applying under fiance visa.

Your quick response will be highly appreciated.

Kind Regards,
AJ

Explain the situation in your application. This is a common issue.

[Engineer786]

Hi Casa,

Earlier today I was going through the forum and came across following post

immigration-for-family-members/ec-for-w ... l#p1279794

One of our member 'Adnan' was granted visa under "Spouse Category" and he has the same situation as me.

Is there anyone else on the forum who have been issued with the visa under same circumstances?

Your advice/answer will be highly appreciated.

Kind Regards,
AJ