two wives but one is divorced now!

[dalya]

hello, I've a problem and I really need your help
I'm from morocco and I married a moroccan man but he lives in ireland, this man is already married with an english women but now as he divorced he wants me to joing him to ireland, the question is: will the uk embassy refuse to give me the visa to joing my husband or it'll not be a problem???


I'm waiting for your answers or advices!

[geriatrix]

Was your husband already married to the other woman when you married him?
Is your marriage legal under the laws of the country in which was solemnized?

How does UK embassy get involved if you are applying for a visa to Ireland to join your Moroccan husband living in Ireland? What is your husband's immigration status in Ireland?

[dalya]

yes he was already married when I married him but now he's devorced he lives in northern ireland that's why I said uk embassy, and he has a permanent residency.
in morocco the polygamy is not forbbiden but to marry another women you have to get the permission from your first wife and also if the first wife has a chronic disease or sterile u can marry another

[MPH80]

What's his visa status in the UK?

[Casa]

And did his first wife sign to agree to the second marriage? Or did he omit to tell the legal authorities of the existence of the first wife when he applied to marry you?
The Madawana, the Moroccan legal social code 2011 states about Polygamy:

A man may only take a second wife if a judge authorizes it, and only if there is an exceptional and objective justification for it, the first wife consents, and the man has sufficient resources to support the two families and guarantee all maintenance rights, accommodation and equality in all aspects of life. Moreover, a woman can stipulate in her marriage contract that her husband may not take a second wife, and a first wife must consent to the second. The first wife may also petition for divorce if the husband takes another wife.

[dalya]

yes that's right, he didn't tell the legal authorities when he married me!! so i think we have a problem here!? will the UKBA refuses ma visa?? are there any solutions or something we can do to solve the problem??? I really appreciate your help

[dalya]

What's his visa status in the UK?

what's a visa status?? he has a permanent residency

[Casa]

Then your marriage in Morocco isn't legal if his first wife didn't give her signature as agreement to him marrying you. I'm guessing that when he submitted the 'family book', with signatures from the head of the family supporting the marriage, it still showed him as 'single'. Am I right?
If this is the case, as the marriage is not legal in Morocco, then you will have to marry again.
Even if it is legal, it wouldn't be considered a legal marriage under UK law as a man can only have one wife and must divorce the first one before remarrying. Therefore, as the situation is at present, he will be unable to apply to bring you to the UK as his spouse.
How he gets over the false statement to the Judge in Morocco, that's something he will need to think carefully about.
I'm sorry sister. I know how distressing this must be for you.

[dalya]

what if I devorced and marry him again??

[John]

You might well need to take legal advice in Tunisia. After all, there is a doubt as to whether your marriage is legal. Also the term which would be used in the UK is bigamy, which is a serious criminal offence. On the face of it, your husband appears to have committed bigamy.

[dalya]

I'm from morocco not from tunisia! so my problem has no sulution!!! we'll live separated? oh my goddd!!! anyway thank you so much for your time

[Casa]

John, polygamy is legal in Morocco, if the procedure I've shown is adhered to. Which appears not to have been the case.

[Obie]

John, polygamy is legal in Morocco, if the procedure I've shown is adhered to. Which appears not to have been the case.

That is perfectly correct Casa, and it is permitted in Muslim culture and muslim states, and Britain cannot prosecute these people as Bigamist, although they reserve the right to not accept both wives, they nevertheless are required to consider the best interest of any children in these relationship, which may result in them allowing the mother of these children in.

[dalya]

we'll see a lawyer here in morocco maybe we'll find a solution! this is not fair. thanks alot

[Casa]

I fully understand that Obie, but the problem here is that the husband doesn't appear to have disclosed to his second wife in Morocco that he was already married...and neither did he (it seems) declare this to the Moroccan judge, or have his first wife sign to agree to him taking a second wife.
As under UK law the second marriage wouldn't be recognised they could of course 'remarry' in Morocco...but he'll now have to admit to the Moroccan court he passed himself off as single both to the judge and his Moroccan fiancee. I imagine therefore that under Moroccan law, they aren't legally married.
I believe the problem is now with illegalities in Morocco regarding The Madawana, the Moroccan legal social code, not with how UK law views polygamy.
There hasn't been any mention of children by the way.

[Obie]

Sorry CASA for the misunderstanding. I was merely stating the hurdle the OP may face in coming to the UK, even if her marriage was to be deemed as lawful under Moroccan law.

I was simply stating the circumstances where the OP may be allowed to enter UK, as there is no general obligation under Article 8 for contracting states to recognise polygamous marriages. I was not insinuating she has a child, as she never made any mention of this. I only wanted to make the point that there is little possibility of a criminal prosecution for muslims men who are in a Polygamous relationship.

I must also add, that i feel priviledge to be educated as to how things are done in a jurisdiction like Morocco. I would not have had a single clue, had it not been for your expertise. Thanks a lot.

[Casa]

An advantage that my husband's Moroccan