Still married to first wife.......Marries again>>>

[ericwright]

Hi

I married in 2006 whilst not having divorced my first wife in the UK.

I applied for my current wife settlement visa but it has been refused because I was still married (i.e. not divorced, although living seperate) to my previous wife.

I have now divorced, and the appeal is in 3 weeks time. Can I win this appeal and what do I do? PLease help

[Wanderer]

Surprised you're not in jail...

Anyway, no way of appealing because the refual was entirely valid. Suggest you reapply with a new app.

In any case, your current marraige is not valid if you were already married at the time so I'd imagine you would need to remarry the second one in order to be able to apply for a spouse visa.

[troubled]

Polygamy is not allowed in English law.I think in your own interest withdraw the appeal and remarry your partner.

[batleykhan]

Polygamy is not allowed in English law.I think in your own interest withdraw the appeal and remarry your partner.

Have you got your Decree Absoloute as you will need this before you can reapply for your second wife. Without this they will not issue visa to her.

[ericwright]

So I cannot win by appeal ?

Do we have to put in a new application again ? I mean wont they refuse it again saying the same as last time that I was not divorced from my first wife?

[batleykhan]

So I cannot win by appeal ?

Do we have to put in a new application again ? I mean wont they refuse it again saying the same as last time that I was not divorced from my first wife?

I dont think you will win your appeal as the decision of the ECO was right and lawful. It will be very difficult to overturn the decision.

As your second marriage was carried out whilst you were not legally divorced, it is not recognized under Immigration law.

You will therefore have to remarry again ( but make sure the marriage is dated after the the date you have obtained your Decree Absoloute, otherwise it will not be recognized again).

When you reapply for your wife, you will need the DA as evidence with your wifes application.If they see it, they can not refuse you on the same grounds

Hope this helps

[ericwright]

thanks batleykhan

So I need to go through another marriage ceremony ? but I probably wont be allowed to re-marry my wife because I am already validly married in the country of my wife's residence!

Is there any possibility that I can win my appeal ?

After all I now have my divorce certificate and I didnt know I had to obtain a UK divorce before I married my 'foreign' wife, I thought my divorce would come through and then I would apply for my current wife.

Anybody been through this that can share their experience ?

[MPH80]

I doubt you'll win your appeal as they are right - the initial application was performed correctly.

However, another application has more chance of success.

Read section 8 of this guidance:
http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

A polygamous wife may apply for entry and claim that the previous marriage had been dissolved or terminated by the death of the previous wife.

[batleykhan]

I doubt you'll win your appeal as they are right - the initial application was performed correctly.

However, another application has more chance of success.

Read section 8 of this guidance:
http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

A polygamous wife may apply for entry and claim that the previous marriage had been dissolved or terminated by the death of the previous wife.

His first wife is not dead though, he has only divorced her ( well nearly!!!)

I think this bit is the most important thing from the above link

primary consideration should be given to whether the marriage is valid in United Kingdom law. If it is not, the application should be refused on that account alone - without considering the provisions of the Rules relating to polygamy;

His marriage is not valid in UK law as he was not legally divorced in the first place in accordance with Uk law, therefore his application was refused on that account . The ECO doesn't need any other excuses for refusals

[MPH80]

Ah ... see I was reading that sentance as ....

A polygamous wife may apply for entry and claim that the previous marriage had been dissolved ... or terminated by the death of the previous wife.

As it it could either be dissolved by divorce or terminated by death.

But I can see how it could be read either way.

M.