Bringing second wife and son to uk

[Yahaya]

Please some one help.
I was married since 2013 with British wife and we were married in Pakistan.and 2015 we move to uk via Europe
For a while things were fine but after 2 and half year in uk we just decided to live seperately.
I was on five year resident card now i am on settled status.
In 2018 i went Pakistsn and married again while i was married to my first wife .
Now i have a son with her and in process to divorce fist wife.
As i realised i done big blunder .
My second wife register marraige and my kid linked too.
After divorce will i be able to bring my second wife and son to uk

[vinny]

See also Actual polygamous marriages celebrated on or after 1 August 1971

Polygamous marriages contracted overseas can only be valid in the UK if neither party was domiciled in England and Wales (S.11(d) of the Matrimonial Clauses Act 1973 refers) or another part of the UK.

To decide whether a polygamous marriage is valid the following questions must be asked:

• did both parties have the personal capacity to enter into the marriage? (personal capacity includes such issues as whether the parties were of the necessary age to marry, whether they have the mental capacity, and whether or not the parties were within the prohibited degrees of relationship (that is not too closely related))
• is it valid under the laws of the country in which it was celebrated?

The decision to be made is whether the polygamous marriage ceremony complied with the laws of that country. For example, while Nigerian custom law permits polygamous marriages, a second polygamous marriage would not be valid if the man’s first marriage had been to a woman under Nigerian Civil Law. Overall, polygamous marriage will not be considered valid in the UK if either party was domiciled in the UK when the marriage took place. The marriage must have taken place in a country where both parties were resident and polygamous marriages are lawful.

Local overseas posts are best placed to determine whether a particular marriage is valid under the laws of the country in which it was celebrated.

[Yahaya]

Thanks for sharing.
As time of marriage i were living in uk but i am by birth Domicile of pakistan.and in Pakistsn two marriages are Legal in my case what you think this marriage is legal and what abouy my son will he be able to come in uk
And my future kids.

[vinny]

Probably not until Termination of a previous marriage.

[secret.simon]

in Pakistsn two marriages are Legal in my case what you think this marriage is legal and what abouy my son will he be able to come in uk

Ignoring the legality of the marriage, polygamous marriages conducted abroad cannot confer an immigration benefit.

From Vinny's link above;

In accordance with paragraph 278, entry clearance should be refused if the woman’s husband has another wife living who:

• is or, at any time since her marriage to the husband, has been in the UK;

Your first wife, the British citizen, either is or has been in the UK in order to be able to sponsor your settled status. Therefore, unless the first marriage is ended, ideally by a divorce in the UK courts ("The ECO should be wary of death and divorce certificates in such circumstances, especially where talaq or customary laws are involved", from the same link above), you can't sponsor the second wife.

And in order to sponsor the child, you will need to sponsor the second wife, as the UK immigration status of a child born abroad follows that of the less-privileged parent.

The child will need to come to the UK on the same immigration visa as the mother (in this case) and will have to apply for ILR along with the mother and can only then apply for British citizenship.

Future children will be British citizens if born in the UK as you have settled status. Future children born abroad before you become a British citizen will follow the rule above (i.e. the same UK immigration status as the mother and will have to apply for ILR with the mother before being registered as British citizens).

[Yahaya]

Thanks for explaining
My case for divorce from first wife is in court.
Hopefully in some months divorce will be granted as we both are agreed and no financial problem.
Once divorce granted should i apply for second wife visa
As far as I understand even divorced from first my second
Marriage wont be concider legal?
Only thing which is need to explain domiciled?
I dont have any property,relative apart from wife
No deep tides.
I visit every year pakistan send money and got house and bank account over there.
As i am
Living in uk and working got immigration status i am
Domiciled in uk?

[Casa]

Sadly, this situation is seen frequently on the forum.

As your 2nd marriage won't be recognised as legal for UK Immigration purposes, your best option is to apply for a fiance visa once your divorce decree absolute has been issued by a British court. Even once you are divorced from your first wife, a spouse settlement visa will be refused.

A fiance visa will enable you to marry in the UK within 6 months and then apply for a Spouse visa from within the UK. This will grant your wife an initial period of 2.5 years before she has to extend for a further 2.5 years to qualify for ILR.

[Yahaya]

I have a one year old son with second wife and marriage
Was registered in Pakistsn.
If i go with fiancé visa wont it be alarming already have son and her name is changed?

[Casa]

I have a one year old son with second wife and marriage
Was registered in Pakistsn.
If i go with fiancé visa wont it be alarming already have son and her name is changed?

The Case Worker will be familiar with this situation. I've suggested that the fiance visa may be the best option as the alternative would be to divorce your second wife in Pakistan and remarry there before submitting spouse and dependent child visa applications.

[Yahaya]

This divorce have to be officially and in Pakistsn law after divorce women cant marry same guy until she marry first another guy and he divorce her then she officially can marry same guy.
And on spouse visa they will question me about marrying her 2 years a go and where son came from?
Do I actually have a solid chance to get them here?
As you mentioned lately lots of people contacted for help to this group some of them actually get successful?

[Yahaya]

Please guide if you know more then this in my situation as you said is quite common .
After divorce fiance visa will be available and accepted for me?

[Casa]

Please guide if you know more then this in my situation as you said is quite common .
After divorce fiance visa will be available and accepted for me?

Yes, if you meet all the standard requirements; income, adequate accommodation, English A1 test for your fiance (wife) etc.
Although you won't be able to book the ceremony until your fiancee is in the UK, you should submit evidence that the wedding is being planned. This would include an initial enquiry with your local Registry Office (email or letter), quotes for wedding invitations, possible venues for the celebration etc.

Once your wife and son are in the UK you will have 6 months in which to marry and once married apply for a 2.5 year extension with a FLR(M) application.

Ensure your divorce decree absolute has been granted for your first marriage before applying for the fiance visa. You will need to submit evidence of this with the fiance visa application.

[Yahaya]

Thank you so much will get divorce done first
Then will apply there fiance visa.
Will ask in future if need help.
Appreciate everyone in this group fro kind words and support

[Casa]

You're welcome.

[Waiting limited]

This divorce have to be officially and in Pakistsn law after divorce women cant marry same guy until she marry first another guy and he divorce her then she officially can marry same guy.
And on spouse visa they will question me about marrying her 2 years a go and where son came from?
Do I actually have a solid chance to get them here?
As you mentioned lately lots of people contacted for help to this group some of them actually get successful?

There is no such law in Pakistan that the woman can't remarry ex husband after first divorce!!! she can NOT remarry ex husband if he divorces her 3 times, first divorce then remarry again, second divorce and remarry for second time , third divorce and she's prohibited from marrying him . He can only remarry her if she got married to another man and marriage was genius but for some circumstances divorce happened between them and she's free again to marry. In this case her first ex husband who divorced her 3 times can ask her to remarry him if she wants.

There is in the forum who's been in same situation and tried fiancée visa route and succeeded . try to read his post it's helpful.

Spiderman007 Newly Registered
Posts: 22
Joined: Sun Mar 06, 2016 2:20 pm
Spouse visa for second wife rejected - not divorced from first
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Post by spiderman007 » Sun Mar 06, 2016 2:37 pm

Hi members
I am a British citizen having dual nationalities got married in 2012 in USA.My wife got a spouse visa in 2013 but then she refused to stay with me.She didn't travel on that visa.I had to divorce her,being a muslim i wrote on a piece of paper and sent it by post.After that i applied for Decree absolute here in UK.While the matter was in the British courts,i traveled to Pakistan and married to my new wife in December 2014.It was just a religious ceremony called as Nikkah.
My Decree absolute was issued in September 2015,as soon as i had decree in my hand i applied for my wife's visa. But visa was refused on a grounds that,i was already married when i did Nikkah in December 2014 where as Decree absolute was issued in September 2015. So in British law this marriage isn't valid.
I have appealed against this decision, haven't got the hearing date now.
Pls if some one can advise me,
1:what shall i do in the meanwhile to make this marriage valid?
2:Obviously this marriage i did isn't polygamous because i followed the law the land.
3:What argument shall we use in hearing?
pls advise if can

[Yahaya]

What visa did you applied for you current wife؟
Spouse visa?
As mentioned by casa it will refuse as you married second wife while you were married to first.
You got to apply fiance visa to bring her over here.
As i am same circumstances and waiting for divorce to firs so could get second in fiance in uk

[Yahaya]

Spiderman007.
Could you please copy link of the post in which he sponsor wife on fiance visa please

[secret.simon]

@spiderman007 last logged in on this website in February 2019. It is likely that they will not see your messages.

Have a look at his whole thread, but keep in mind that his thread is five years old, and rules may have changed in the meanwhile.