My spouse visa got rejected because at the time of my 2nd marriage i was married in U.K

[Zak2020]

Hi everyone..!
I seek some information... my wife and son visa refused because at the time of my second marriage which took place in 2017. I was legally married in UK but we were separated. So in 2018 i got to contact with my first wife and discuss the divorce. So she applied for the divorce and i got decree of absolute in Feb-2019. So when i apply for my wife spouse visa its got refused. I am going to appeal. Reason i have already 2 years old kid and my second baby is due in May-2021. I am on ILR under EU scheme. What option do i have go into the appeal, fresh application or forget about visa for my wife and kids. And let them to grow and live in Pakistan. Your expert advice highly appreciate

[TODMATT]

Hi everyone..!
I seek some information... my wife and son visa refused because at the time of my second marriage which took place in 2017. I was legally married in UK but we were separated. So in 2018 i got to contact with my first wife and discuss the divorce. So she applied for the divorce and i got decree of absolute in Feb-2019. So when i apply for my wife spouse visa its got refused. I am going to appeal. Reason i have already 2 years old kid and my second baby is due in May-2021. I am on ILR under EU scheme. What option do i have go into the appeal, fresh application or forget about visa for my wife and kids. And let them to grow and live in Pakistan. Your expert advice highly appreciate

It is always better to reapply and address previous refusal! you only need to appeal if you think the ECO has made an error in their decision.

Under the official guidance Appendix FM

E-ECP.2.9. "(i) Any previous relationship of the applicant or their partner must have broken down permanently, unless it is a relationship which falls within paragraph 278(i) of these Rules"

https://www.gov.uk/guidance/immigration ... ly-members

Appealing even if you have kids does not mean the decision will be overturned at the tribunal and it is also a tedious process so you are better off reapplying and gather all details necessary especially explain in future application about previous relationship in a cover letter.

[ALKB]

Hi everyone..!
I seek some information... my wife and son visa refused because at the time of my second marriage which took place in 2017. I was legally married in UK but we were separated. So in 2018 i got to contact with my first wife and discuss the divorce. So she applied for the divorce and i got decree of absolute in Feb-2019. So when i apply for my wife spouse visa its got refused. I am going to appeal. Reason i have already 2 years old kid and my second baby is due in May-2021. I am on ILR under EU scheme. What option do i have go into the appeal, fresh application or forget about visa for my wife and kids. And let them to grow and live in Pakistan. Your expert advice highly appreciate

As per UK law, you were not free to marry when you married your second wife, so the second marriage is not recognised by the UK, it is as if you are not married at all.

Your wife can apply as a fiancée and you can get do a register office marriage in the UK. Write a cover letter to explain the situation, this happens a lot with applicants from Pakistan, HO is aware.

[secret.simon]

Also see these two threads for more information.

Information regarding spouse visa