DIVORCED & RE-Marriage

[Stars07]

HI
I would like to bring my 2nd wife to To UK
Married to my 2nd Wife 12 October 2014
Divorced complet to my 1st wife 20 October 2014
and decree nisi absolute issued 0n 20 OCTBER 2014
Can any one advice me is this situation effect my 2nd
Wife spouse settlement application ?
If yes , so what should I do in this situation ?

Thanks

[WR1]

We're you not able to wait a week for getting married. What was the rush.

Obviously this is going to cause issues as your marriage pre-dates your divorce date as you will be seen as technically still being married when you got married the second time.

[secret.simon]

I agree with WR1. As you were still married (you are only considered divorced after the decree absolute is issued) to your first wife when you underwent the second marriage, the second marriage may be considered either bigamous (a criminal offence) or void (therefore you are not actually married to the person you think is your second wife) or both.

It is possible that the situation could be remedied by remarrying your current wife before applying for a spouse visa.

I could be wrong on this, but I believe immigration law in the UK would look at the law of your domicile (where you come from) and if different, where you got married (both first and second marriages). Can you fill us in on those details to help us better advise you?

[CR001]

I agree with WR1. As you were still married (you are only considered divorced after the decree absolute is issued) to your first wife when you underwent the second marriage, the second marriage may be considered either bigamous (a criminal offence) or void (therefore you are not actually married to the person you think is your second wife) or both.

It is possible that the situation could be remedied by remarrying your current wife before applying for a spouse visa.

I could be wrong on this, but I believe immigration law in the UK would look at the law of your domicile (where you come from) and if different, where you got married (both first and second marriages). Can you fill us in on those details to help us better advise you?

OPs first wife was an EU citizen. OP obtained PR in Feb 2014, currently awaiting naturalisation outcome.

http://www.immigrationboards.com/immigr ... l#p1182740

Agree though that the decree absolute being issued after the marriage to 2nd wife could be a problem as the OP was 'not free to marry' at that time per the question on the spouse visa application form.

[Casa]

This problem has come up many times before on the forum. As you were not free to marry under British law but I assume you would be considered legally married in your home country (as long as you declared the existing marriage), your only option now is to apply for a fiance visa and 're-marry' in the UK. You can't re-marry in your home country as the law there will have registered your marriage already. An application for a spouse visa submitted outside of the UK will be refused. For a matter of waiting a couple of weeks, you've got yourself into a difficult and somewhat costly situation as you'll have to apply for two visas, fiance and then Spouse FLR(M) after the UK wedding. This will mean two visa fees + the NHS surcharge.
I'm assuming of course that your own country's law permits polygamy.

[Stars07]

I agree with WR1. As you were still married (you are only considered divorced after the decree absolute is issued) to your first wife when you underwent the second marriage, the second marriage may be considered either bigamous (a criminal offence) or void (therefore you are not actually married to the person you think is your second wife) or both.

It is possible that the situation could be remedied by remarrying your current wife before applying for a spouse visa.

I could be wrong on this, but I believe immigration law in the UK would look at the law of your domicile (where you come from) and if different, where you got married (both first and second marriages). Can you fill us in on those details to help us better advise you?

I married in Pakistan for 2nd time ... at time of decreee absoulte issued i was in pakistan ....and when back from pakistan i found it in my post .....

[Casa]

But from your first post the date of your second marriage appears to be before your divorce decree absolute was issued. Therefore under British law and for UK immigration purposes you are not legally married and therefore can't submit a spouse visa application. The marriage won't be recognised. Your only option (apart from an extreme one of divorcing in Pakistan and re-marrying there) would be as I posted earlier...apply for a fiance visa and marry in the UK. Then apply to switch to a spouse visa from within the UK after the wedding.

[Rayking]

It pays you to listen to the honest advice you're being given, if you do otherwise, you'll complicate things without any chance of correcting the damage. It's not something minor like you make it sound. They're not bothered whether you met it in the post or not, you obviously knew you were processing divorce before going ahead with the new marriage. Heed the advice

[secret.simon]

I married in Pakistan for 2nd time ... at time of decreee absoulte issued i was in pakistan ....and when back from pakistan i found it in my post .....

This may make it even worse, as it sounds to me as if you contracted a second marriage while knowing that you have a valid first marriage. You would have only known that the divorce was final when you arrived back in the UK.

As Casa mentioned above, you have got yourself into a difficult and certainly expensive situation.

While your second marriage was contracted in Pakistan, where was your first marriage contracted? If it was in a jurisdiction that does not allow polygamy, I have a feeling that the UK will consider, as Casa and CR001 have mentioned above, that you were not "free to marry" at the time of your second marriage and hence that it will not count as a marriage for the purpose of applying for a visa.

@Casa & CR001, would the situation be easier if both marriages were contracted in a jurisdiction that allows polygamy? Would the OP be considered "free to marry" if both marriages were under Pakistani law, which appears to allow polygamy?

[Casa]

The fact that a second marriage was contracted isn't a problem in Pakistan as Sharia and national law permits this...although the new wife should be made aware before marrying of the existence of the first wife.
Even if both marriages took place in Pakistan where polygamy is permitted, the second marriage wouldn't be recognised under British law. Therefore for UK Immigration purposes the second marriage isn't valid and a spouse visa application would be refused.

[NZama1]

Im in a situation where i have married my 2nd wife in pakistan without obtaining a uk decree absolute from my first wife as the divorce i obtained from my 1st wife was from the union council in pakistan, on the belief that this would be sufficient and accepted by the immigration authorities

would it not be possible to remarry 2nd wife in pakistan then apply for a spouse visa, instead of applying for a fiance visa, registring the marriage in uk then applying for a spouse visa. The first option would save time and money as you could skip the fiance step??

Can you remarry the 2nd wife in pakistan if technically at the time you were not free to marry her due to not having a uk divorce certificate? although you may have had a pakistan divorce certificate?

[secret.simon]

If the first marriage was contracted in and dissolved according to the law in Pakistan and you remarried after the first marriage was dissolved, I think you should be fine.

[adnan111]

If one of you lives in Pakistan permanently then you could get a divorce from the courts there and it will be accepted here. however just talaq will not be acceptable as Pakistan requires it to be obtained through Court unless it was obtained in Kashmir or India where it is permitted (talaq).

You cannot remarry your wife in Pakistan as Islamic law does not allow remarriage to the same person and also there is no concept of civil marriage there for muslims, however once you get your divorce in UK your marriage in Pakistan will be accepted here even if it took place before the divorce here. There would not be any need to go down the fiancé route. A marriage that is legally valid abroad has to be accepted here once you are free to marry here.

[secret.simon]

once you get your divorce in UK your marriage in Pakistan will be accepted here even if it took place before the divorce here

Incorrect. He contracted his second marriage while he was not free to marry, according to UK law. Therefore the second marriage will not be accepted by the UKV&I as the basis of a spouse visa.

[adnan111]

once you get your divorce in UK your marriage in Pakistan will be accepted here even if it took place before the divorce here

Incorrect. He contracted his second marriage while he was not free to marry, according to UK law. Therefore it will not be accepted by the UKV&I as the basis of a spouse visa.

I have been legally advised otherwise. UK has to accept a legally valid marriage which is recognised by the country where it took place. However the recognition only takes place after the divorce here.

[secret.simon]

UK has to accept a legally valid marriage which is recognised by the country where it took place.

There is no legal compulsion to recognise marriages from other countries. I would state the rule above as "the UK generally accepts...". The UK does not accept polygamous marriages even when all of them are contracted in and recognised by Saudi Arabia, for instance. Conversely, Saudi Arabia (or Pakistan, for that matter) does not accept gay marriages contracted in the UK. It is a broad principle of international law that countries give full faith and credit (in the words of the US Constitution) to legal acts of other countries, but there is no legal compulsion.

Read this whole thread, especially Casa's contributions.

[NZama1]

Hi STARS07,

what route did you end up taking? applying for spouse or fiance visa??

[NZama1]

Can someone clarify whether it is or is not possibly to validly remarry your spouse in Pakistan with the purpose of moving the date of marriage forward

[Casa]

No because under Pakistani law you are already married. You'll probably find the option discussed within this thread of applying for a fiance visa and marrying in the UK.

[Amber]

OP gained PR and then several months later divorces and remarries in Pakistan. Was this a sham marriage?

Seems like it was well arranged in advance in Pakistan. Casa, clearly the OP doesn't like your answer, despite it being sound advice.

[Casa]

OP gained PR and then several months later divorces and remarries in Pakistan. Was this a sham marriage?

Seems like it was well arranged in advance in Pakistan. Casa, clearly the OP doesn't like your answer, despite it being sound advice.

Nothing unusual there Amber.