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legal status and complication of two marriages

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ILR1980
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Pakistan

legal status and complication of two marriages

Post by ILR1980 » Fri Feb 01, 2019 9:22 pm

Yes I know UK don't recognise two marriages. My uncle is dual national( british Pakistani) and he had separation with his first wife who hold Pakistani/ Danish nationality( they just had separation but no legal divorce ) and he went to Pakistan and married with woman there( Islamic marriage called Nikkah in Pakistan). Pakistan recognise two marriages and they have three children from this marriage who managed to got British passport after DNA test of boht father and mother and children ..now I don't know who advised my uncle to apply settlement visa for second wife without divorcing first wife so obviously spouse visa of second wife got rejected because of no divorce in first marriage ..now he has finalised the divorce process in UK through courts and got the divorce certificate and want to apply again for second wife

what are his option?

Would this second marriage be recognised in UK now eventhough he married to her in Pakistan without giving divorce to his first wife ..Yes their children were granted british passport but would this and DNA test, Marriage registration document from Pakistan would be enough to make this marriage as valid ? I think UK recognise Pakistani marriage but don't know what is UK law about dual marriages in Pakistan ( boht Islamic marriage done in Pakistan)

or he has to apply fiance visa to bring her in Uk and then need to register marraige in UK but this will be strange considering their children already hold british nationality based on genuine relationship between father and mother and would be lie that they are going to marry when they already married as per Pakistani law with 3 children and they make this declartion about second marraige in first application with all documents .


what is the best option there?

Thanks

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Casa
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Re: legal status and complication of two marriages

Post by Casa » Fri Feb 01, 2019 9:34 pm

Fiance visa as even though he is now divorced from his first wife, the second marriage won't be recognised under British law.

In other words, as far as immigration and the British legal system is concerned, the second marriage is disregarded and doesn't exist. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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ILR1980
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Re: legal status and complication of two marriages

Post by ILR1980 » Fri Feb 01, 2019 9:46 pm

Casa wrote:
Fri Feb 01, 2019 9:34 pm
Fiance visa as even though he is now divorced from his first wife, the second marriage won't be recognised under British law.

In other words, as far as immigration and the British legal system is concerned, the second marriage is disregarded and doesn't exist. :idea:
would not this be considered lies or fraud( he said he married legally to seocnd wife in Pakistan in first spouse settlement application and sent all documents to prove that marraige is genuine( i.e marrige registration, wedding certificate with English translation, family certficate with children names on it etc) then children got british passport because of legal relationship between parent and DNA test proved it ..so now he will pretend that his wife is his fiance even after 8 years of marraiges ..This part is connfusing me ..if he bring his wfe on fiance visa then what he provided in previous application of setllement will be oonsidered as deception ? No?

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ILR1980
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Re: legal status and complication of two marriages

Post by ILR1980 » Sat Feb 02, 2019 7:48 pm

anyone else to share his/her views?

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seagul
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Re: legal status and complication of two marriages

Post by seagul » Sat Feb 02, 2019 8:57 pm

In my opinion it shouldn't be a case of deception where one country allows more than one partner in one time while others not allows as long as all information are correctly given previously.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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ILR1980
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Re: legal status and complication of two marriages

Post by ILR1980 » Sat Feb 02, 2019 9:29 pm

seagul wrote:
Sat Feb 02, 2019 8:57 pm
In my opinion it shouldn't be a case of deception where one country allows more than one partner in one time while others not allows as long as all information are correctly given previously.
Thanks for your reply

actual confusion is contradiction between two application

previous application of settlement was about settlement visa of wife and he provided documents to prove that married exist from 6/7 years and is genuine and even have 3 childrenn from thsi marrige



and now hhe will make application that she is his fiance and he is thinking to marry her which will be lie since he already married to her as per laws of country of applicant..UK recognise Pakistani Islamic marrige but it dont recognise multiple marriages which make it complicated

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Casa
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Re: legal status and complication of two marriages

Post by Casa » Sat Feb 02, 2019 10:23 pm

The first marriage was disregarded as invalid under British law in the first settlement visa application. Many on the forum have experienced the same issue and have been successful with a subsequent fiance visa application.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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ILR1980
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Re: legal status and complication of two marriages

Post by ILR1980 » Sat Feb 02, 2019 11:06 pm

Casa wrote:
Sat Feb 02, 2019 10:23 pm
The first marriage was disregarded as invalid under British law in the first settlement visa application. Many on the forum have experienced the same issue and have been successful with a subsequent fiance visa application.
Ok thanks Casa

I will tell him to go ahead then and hope they don't reject his application based on information given in previous application

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Casa
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Re: legal status and complication of two marriages

Post by Casa » Sun Feb 03, 2019 10:37 am

This can all be explained in the 'further information' section. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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