Second marriage with out English divorce

[Neshi]

Hi,
I want to know plz regarding my Visa. My husband is UK citizen by birth I'm his second wife as we got married in Pakistan after one year of his first divorce but when we plan to apply spouse Visa someone told us to go for UK divorce first because his first wife was also UK citizen. So now divorce is in process as it's taking so long. We planned to apply visit Visa for me so we can see each other while divorce is in process but it's refused as I mentioned single because in UK law our marriage are not legal. And I didn't mention any relation with him in application. So after English divorce which option will be better for us plz any suggestions as we don't want to refused Visa again.
Thanks

[Jhelumi]

Hi,
I want to know plz regarding my Visa. My husband is UK citizen by birth I'm his second wife as we got married in Pakistan after one year of his first divorce but when we plan to apply spouse Visa someone told us to go for UK divorce first because his first wife was also UK citizen. So now divorce is in process as it's taking so long. We planned to apply visit Visa for me so we can see each other while divorce is in process but it's refused as I mentioned single because in UK law our marriage are not legal. And I didn't mention any relation with him in application. So after English divorce which option will be better for us plz any suggestions as we don't want to refused Visa again.
Thanks

Hello,

If your marriage is legal in Pakistan then it's automatically also legal in the UK. The same applies for divorce.

You should not have told the Home Office you were single when you were in fact married.

You now need to apply for a spouse settlement visa if you plan to live with your husband in the UK.

Also, what exactly is the wording in the refusal letter because I am wondering how did Home Office find out you were married when you told them you were single?

[Jhelumi]

Hello,

If your marriage is legal in Pakistan then it's automatically also legal in the UK. The same applies for divorce.

You should not have told the Home Office you were single when you were in fact married.

You now need to apply for a spouse settlement visa if you plan to live with your husband in the UK.

Also, what exactly is the wording in the refusal letter because I am wondering how did Home Office find out you were married when you told them you were single?

The alternative is you can apply for a Family Permit which lasts up to 6 months if you only wish to stay with your husband for a short period of time.

[Casa]

Hello,

If your marriage is legal in Pakistan then it's automatically also legal in the UK. The same applies for divorce.

You should not have told the Home Office you were single when you were in fact married.

You now need to apply for a spouse settlement visa if you plan to live with your husband in the UK.

Also, what exactly is the wording in the refusal letter because I am wondering how did Home Office find out you were married when you told them you were single?

The alternative is you can apply for a Family Permit which lasts up to 6 months if you only wish to stay with your husband for a short period of time.

The OP doesn't qualify for a Family Permit under EEA Regulations as her husband is British.

[Jhelumi]

The alternative is you can apply for a Family Permit which lasts up to 6 months if you only wish to stay with your husband for a short period of time.

The OP doesn't qualify for a Family Permit under EEA Regulations as her husband is British.

Hello,

You're correct.

Thanks Casa.

[Casa]

I don't believe the divorce in Pakistan will be recognised under British law, due to both husband and wife holding British nationality. (The husband from birth).

"- the foreign order must be valid under the law of the country in which it was obtained as per the talaq in Quazi
- at the date at which recognition of the foreign order is sought, either of the parties was habitually resident, domiciled or a national of the country in which the foreign order was obtained"
AND
- at the date the foreign order was obtained each party was domiciled in the country in which the order was obtained, or one party was domiciled in that country (according to the laws in the country in which the order was obtained) and the other domiciled in a country under whose law the foreign order is recognised as valid; and
-neither party was habitually resident in the UK during a period of one year immediately preceding the date of the foreign order

[Jhelumi]

I don't believe the divorce in Pakistan will recognised under British law, due to both husband and wife holding British nationality. (The husband from birth).

"- the foreign order must be valid under the law of the country in which it was obtained as per the talaq in Quazi
- at the date at which recognition of the foreign order is sought, either of the parties was habitually resident, domiciled or a national of the country in which the foreign order was obtained"
AND
- at the date the foreign order was obtained each party was domiciled in the country in which the order was obtained, or one party was domiciled in that country (according to the laws in the country in which the order was obtained) and the other domiciled in a country under whose law the foreign order is recognised as valid; and
-neither party was habitually resident in the UK during a period of one year immediately preceding the date of the foreign order

Thanks.

I should've been more clearer. I was talking generally about divorces that take place where one spouse is a UK citizen and the other is still Pakistani or where both are non-British.

[Neshi]

Hi
Thanks for reply home office never find that I am married they refused me that I'm single don't have dependent so may be will not leave the UK on expiry date.

[Neshi]

My husband and her ex both are UK citizen by birth they got married in Pakistan and divorced in UK under Islamic law. I couldn't mention in my application as many people said if I will mention and will write my husband detail he will get in trouble as he applied for English divorce. And my husband friends told him that our marriage will be not legal in UK as he was legally married at that time in UK. Because divorce was Islamic (talak). And now we are worried because we are not able to change aur marriage date in Pakistan should I apply for fiancee Visa?

[Jhelumi]

My husband and her ex both are UK citizen by birth they got married in Pakistan and divorced in UK under Islamic law. I couldn't mention in my application as many people said if I will mention and will write my husband detail he will get in trouble as he applied for English divorce

Islamic divorce is not recognised in the UK.

Is your Nikkah registered in Pakistan with the Union Council? If so, what divorce papers did you show in order to get it registered?

[Neshi]

Yes it's registered in union council in Pakistan by nika nama. Islamic divorce which he got from Islamic center from Birmingham

[Neshi]

Plz help me if someone have same issue as on next application I don't want to make any mistake and after English divorce I want to stay with my husband in UK so plz give me suggestion as I found this forum very helpful
Thanks

[Casa]

Once your husband has his UK divorce decree absolute, apply for a fiance visa and marry in the UK. His Islamic divorce in the UK won't be recognised under British law.

[Neshi]

If I will apply fiancee Visa should I mentioned our marriage in Pakistan as I wrote already single? And we have to attach our photos together and with family and what's chat and calls record so would they ask why I shouldn't gave this detail while I was applying visit Visa. And one of my friend told me may be they will refuse again that first I got refused visit and now applying fiancee as we made mistake in previous application didn't give this detail. What is your view on it.
Thanks

[Casa]

You can explain that you declared you were single in your visitor visa application as you were aware your marriage wasn't recognised in the UK.