Spouse visa or EU family Member

[Reshwan]

Good Evening All,

I have a question in relation to bringing my Pakistani wife to the UK.

I currently have settled status and have yet to apply for nationality. My wife and child are currently in Pakistan and i wanted to know the best way to apply for them, your guidance on this matter would be greatly appreciated:

10/08/2017: applicant married German National in Pakistan

Oct 2018: Got EU family permit

31/01/2019: arrived in UK

12/10/2019: got Islamic divorce in UK

25/12/2020: married Pakistani national

10/08/2021: applied for divorce through court in Pakistan becuase residing in pakistan from 11dec 2020 to 11 august 2021
Case was handled by the lawyer

12/11/2021: got divorce certificate in Pakistan

16/10/2021: first child born with Pakistani national

07/05/2024: applicant received settled status

[secret.simon]

The bad news is that you can't sponsor your Pakistani spouse at all to the UK at the moment, because at the time that you married her, you were not "free to marry" in UK law, because you were still legally married to your first wife. An Islamic nikkah or Islamic divorce has no legal effect in the UK.

So your second marriage will not be recognised at all for UK immigration purposes.

In any case, to answer the crux of your main question, you can only sponsor your wife on the spouse visa. You are not an EEA citizen covered by the Withdrawal Agreement and so you can't sponsor somebody on that route.

That would mean that you will need to demonstrate an annual income of at least £29,000 per annum over either a 6 month period (if in a salaried job) or 12 months (for other income) and your wife will need to meet the English language requirement, TB testing, etc.

You will likely need to sponsor your wife on a fiance visa and then marry her in the UK to make your marriage legal for UK immigration purposes.

Your daughter will follow the same immigration pathway as the second/less privileged parent (your wife) and will be eligible for ILR and British citizenship with her.

BTW, the advice above does not change even if you become a British citizen.

[Reshwan]

Thank you for your advice simon. Do you think it would be better for me to go back to Pakistan and have another marriage ceremony to my spouse, thus making it legal. Im just worried about saying shes my fiancee for visa purposes when in fact we are already married.

[secret.simon]

Do you think it would be better for me to go back to Pakistan and have another marriage ceremony to my spouse, thus making it legal.

Not knowledgeable about Pakistani matrimonial law, but I think you can't remarry your current spouse in most matrimonial legal systems. The two of you are already married in Pakistani law. It is the UK that does not recognise your second marriage because you were not free to marry at the time of your second marriage.

Wait for others to advise further.