Amber wrote:Richard, I don't know what forms you've read but settlement forms based on having a British spouse/CP have always asked if the applicant or sponsor have ever married.
To which the OP will have answered that he was married to the second wife. If there's a question about former spouses of the applicant, I couldn't find it on
VAF4A of December 2013. There used to be a question about the sponsor's previous spouses, but that seems to have gone.
Amber wrote:Issues are firstly they were not able to marry as he was never divorced so, the second marriage is legally a 'void' marriage and can duly be annulled that is, as if it never happened. Therefore, he wasn't eligible for settlement, nor citizenship under section 6(2).
Casa wrote:Also consider the issue that the OP applied for British citizenship as the spouse of a British citizen.
Are you sure he isn't? You may know better, but according to PK-Legal's
Laws of Pakistan Relating to Marriage, Divorce, Khulla (Judicial Divorce) and Maintenance, the second marriage was valid. Indeed, that same page makes me wonder if the first marriage had indeed been terminated!
However, there is the risk that the matrimonial offences (divorcing improperly, possibly taking an additional wife without consent) might make the OP not of good character. Given how often decree nisi is not followed by decree absolute in the UK with subsequent confusion as to marital status, the matter is arguable.
Amber wrote:Proving that the second wife knew about this is going to be very hard to prove, I suspect she wouldn't be prosecuted (burden of proof). However, he could be prosecuted, continued deception, throughout all applications.
The first is a police matter. As to the second, would a jury accept that he must have been adequately acquainted with Pakistani law? I think this may very well be a case where ignorance of the law is a defence.