Fiance visa

[Shazjade123]

Hi guys. This might sound stupid but if a couple.have married overseas can they still call their spouse over on a fiance visa instead of spousevi they want to do their marriage in the UK.

Many thanks

[CR001]

Not really as you are already married.

There is no requirement to register an marriage from abroad in the uk.

Note that the requirements for a fiance visa are exactly the same as for a spouse visa, the fees too.

[Shazjade123]

Hi thank you for your reply

The reason why I asked where in a tricky situation.
.
Basically my other brother got married in Pakistan in 2012 but ended in divorce. He didn't call his wife over. He sent divorce through UK sharia council.

He got married in Pakistan last year in 2019 but have now realised the UK government only accept divorce done through the process of the country that the marriage happened in.

We spoke to the union council in Pakistan and they can only issue a divorce certificate and their process would be 3 months and the divorce certificate would be dated for then.

That's the problem now. The divorce certificate will be dated after his 2nd marriage as we didn't know this would be an issue.

Or could he apply for a fiance visa? As technically under UK law his 2nd marriage won't be valid.

[seagul]

6. SET13.6 Talaq divorce in the UK
If a husband pronounces talaq divorce in the UK alone, the divorce will not be recognised.

If a husband pronounces talaq divorce in the UK and then notifies his wife and the Union Council Chairman in Pakistan or Bangladesh, the divorce will not be recognised. The UK courts have held that an overseas divorce is capable of recognition in the UK only if the divorce has been instituted and obtained in the same country outside the UK

https://www.gov.uk/government/publicati ... rces-set13

You have correct information . Fiancee visa can be applied unless there is some way to remarry/re-register the 2nd marriage as the 2nd marriage won't be considered as valid under uk immigration system.

[Shazjade123]

Hi Seagul

Thank you for your reply. I think we will go through the fiance route as divorcing his second wife remarrying could be too much of a problem regarding Pakistani/muslim culture.

Would we have to declare the 2nd marriage to home office as on his wife's nadra card (Pakistani id) it has been changed to married.

Kind regards

[seagul]

Would we have to declare the 2nd marriage to home office as on his wife's nadra card (Pakistani id) it has been changed to married.

Kind regards

Yes but also add a covering letter clarify the whole situation and particularly emphasize that the reason you are applying fiancee visa is because the 2nd marriage isn't valid for visa purposes.

[avjones]

I'm not entirely clear of the facts. See below.

Your brother married in Pakistan, and his wife was a Pakistani Citizen who lives there. He is British and lives in the UK?

His wife did not make an application to come to the UK as a partner.

The couple were divorced - how exactly?

The second marriage is lawful in Pakistan?

Amanda

[seagul]

The couple were divorced - how exactly?

He sent divorce through UK sharia council.

[avjones]

That is absolutely not enough detail to be sure. Where were the parties at the time? Did the divorce comply with Pakistani law?

[Shazjade123]

Hi Amanda.

My brother is British. His first wife was Pakistani. The divorce sent from the uk doesn't comply with the Pakistani divorce process.

Both of his marriages in Pakistan are considered legal and registered.

Kind regards