PR holder want to sponsor his wife

[sshah20]

Hi All,

I am asking this question on behalf of my friend. He is PR holder through his EX EEA national wife. My friend got married recently again to non EU wife and want to sponsor the new wife to join him in the UK.

Which application form He need to fill for his wife?

Many thanks

Shah

[secret.simon]

If he himself is a non-EEA citizen, he will need to apply for his new wife under the UK Immigration Rules and meet all the requirements of a person settled in the UK (financial requirements, etc).

Just to clarify, did he marry his new spouse AFTER the decree absolute from his ex-EEA wife or before? The latter may have implications for immigration purposes.

[sshah20]

Thanks secret Simon for your prompt reply. Yes He is Non EU citizen and PR holder through his EX EEA wife.

He has applied for decree absolute and as far as I know his divorce is still in process. He has just done the Islamic marriage in his home country and the marriage is not registered yet.

Secret Simon as per my knowledge his second marriage would not be recognised in the UK as he got married before decree absolute.

[secret.simon]

Secret Simon as per my knowledge his second marriage would not be recognised in the UK as he got married before decree absolute.

Correct. There may be complications as UK law (which applies as he is a non-EEA citizen PR holder) has tougher requirements than EU law.

I would suggest pausing all talk of his wife's migration until the decree absolute is received, because till such time, for the purpose of UK law, he is still married to his EEA citizen spouse and incapable of having another wife.

[sshah20]

Just want to clarify once again that a Non EEA PR holder spouse can join under UK immigration rules not under EEA rules.

[secret.simon]

Just want to clarify once again that a Non EEA PR holder spouse can join under UK immigration rules not under EEA rules.

Correct. For the EEA Regulations to apply, the sponsor must be an EEA citizen.

The sponsor under the UK Immigration Rules can include any person settled in the UK, such as a non-EEA citizen with PR.

[sshah20]

Thanks a lot Secret Simon.