Spouce visa for second wife rejected.... Kindly advice!!!

eye4detail · Post by **eye4detail** » Thu Mar 29, 2012 4:55 pm

I married my second wife while my divorce was underway with my first wife in U.K. After 2 years of divorce I applied for a spouce visa for my second wife which was rejected, Reason given by UKBA is that my second marraige is not valid since I was already married to my first wife at that time under uk law. first marraige was in U.K and second one was in india. Dear members kindly advice on how to resolve this issue. thanks in advance.[/i]

Post by **Lucapooka** » Thu Mar 29, 2012 5:08 pm

Marry in a civil ceremony in the UK. Apply for a fiancee settlement visa.

harv · Post by **harv** » Thu Mar 29, 2012 5:21 pm

or else you can re-marry your second wife in India, not sure if that is possible?

Since the wording from UKBA say that your marriage in invalid due to the overlap of the dates.

Gregarious · Post by **Gregarious** » Fri Mar 30, 2012 12:27 pm

harv wrote:or else you can re-marry your second wife in India, not sure if that is possible?

Since the wording from UKBA say that your marriage in invalid due to the overlap of the dates.

Neither, marrying with your second wife again a good idea nor apply for Fiancée Visa. Your data is already with them. My suggestion is to re-apply again; after getting and completing your divorce documents. Clarify your position in your form that you were not familiar with that law.

Hope it helps.

Post by **Casa** » Fri Mar 30, 2012 1:24 pm

Gregarious, the divorce has already been completed.
Take the advice given by Lucapooka and apply for a fiancee visa to enable you to marry your second wife legally under UK law. Your previous refusal won't affect this one as long as you meet all the requirements for a spouse visa application.

Gregarious · Post by **Gregarious** » Fri Mar 30, 2012 2:54 pm

Casa wrote:Gregarious, the divorce has already been completed.
Take the advice given by Lucapooka and apply for a fiancee visa to enable you to marry your second wife legally under UK law. Your previous refusal won't affect this one as long as you meet all the requirements for a spouse visa application.

@ Casa, you are Moderator.
But as per my understanding; he applied when his marriage was still existing, now UKBA is familiar with his 2nd marriage. Will this OK. Firstly he told that he is married then become Fiancée. Just for my guidance

Post by **Casa** » Fri Mar 30, 2012 2:59 pm

Gregarious...you've misunderstood. His current marriage isn't considered legal in the UK, although it may well be in India. In other words, under UK law he isn't married. This is why the spouse visa application was refused.
Therefore he needs to apply for a fiancee visa.

Gregarious · Post by **Gregarious** » Fri Mar 30, 2012 3:34 pm

@ Casa,

I just my edit my query. Please reply.

minty · Post by **minty** » Fri Mar 30, 2012 3:42 pm

Having been through this process myself I can advise the following

Whilst marridge in UK is still subsistent, ie divorce absoloute has not been obtained any other marriage in UK or aborad is not legally recognised

The fact that the second marriage is not legally recognised does not mean it is illegal to marry in a civil and religious ceremony in another country whilst a protracted divorce process is ongoing in the UK

If marrying a second wife abroad , whilst a divorce process for first wife is still continuing in UK. The process is

Step A - Carry on with the divorce process in the UK

Step B - Marry through a religious ceremony/civil ceremony your new wife abroad

Step C - Once Divorce absoolute is granted for first wife in uk, apply for a fiancee visa for second wife. (this gets over the legal loop hole of not being able to be married 2 two wives at same time. The UKBA are fully aware when you apply for a fiancee visa for the second wife that you are in fact married. in fact you have to declare this openly in your letter of sponsorship.

Step D - Once second wife is here from aborad , marry her through registering a marriage witihn 6 months of arrival

Step E - Apply for a spouse visa

Hope that helps

Post by **Casa** » Fri Mar 30, 2012 4:11 pm

Thank you Minty. I'm assuming this will have clarified the situation for Gregarious
Step E - Apply for Spouse visa on form FLR(M)

Gregarious · Post by **Gregarious** » Fri Mar 30, 2012 4:15 pm

Casa wrote:Thank you Minty. I'm assuming this will have clarified the situation for Gregarious
Step E - Apply for Spouse visa on form FLR(M)

Thankx both of you.

Post by **vinny** » Mon Jun 18, 2012 7:16 am

eye4detail wrote:I am currently working in Saudi Arabia with my wife and child( british citizen). . my wife spouce visa was rejected since i married her when my divorce with my first sife was underway. I am currently working and living in saudi arabia with my family. PLEASE ADVICE if I can be living in saudi arabia and till be able to apply for a fiance visa for my wife by show saving in UK account OR DO I have to be employed and living in uk for this ?. please feel free to advice me on things that I need to know in this process AS I am in FIX since the the refusal of SPOUSE visa few months back. Thanks in advance.

comput_this · Post by **comput_this** » Tue Jun 19, 2012 2:00 am

Casa wrote:Gregarious...you've misunderstood. His current marriage isn't considered legal in the UK, although it may well be in India. In other words, under UK law he isn't married. This is why the spouse visa application was refused.
Therefore he needs to apply for a fiancee visa.

I am in the same situation and will apply for a visa for my wife next week, I have found from reading that if the place where marriage has taken place recognizes such marriage, it will be valid in the UK even if polygamous providing that both parties to the marriage are domicile in that country.

This is what I am planning to argue in the application, that I have moved out of the UK, got married abroad and planned to live there permanently...

Let us hope they will take this argument.. it is valid as far as I have read on the Homeoffice website..

asim72 · Post by **asim72** » Tue Jun 19, 2012 1:07 pm

Would be simpler if you do another marriage with your spouse, thus legalising the marriage under uk law.

The question came in a post about religious marriage in India when one party was still married under UK law. The simple solution to this problem could be to do another civil marriage in India after obtaining decree absolute in UK. Civil marriage in India is usually referred to as "court marriage".

comput_this · Post by **comput_this** » Wed Jun 20, 2012 2:14 am

asim72 wrote:Would be simpler if you do another marriage with your spouse, thus legalising the marriage under uk law.

Unfortunately it is not possible to do another marriage and lodge the visa application before 9/7, I am in the UK and my wife is abroad and already tied with work, let alone my country does not allow second marriage... have to find way to go round the system... which means more time...

I have a strong case to prove domicile aboard at the appeal tribunal if visa refused as I expect, The tribunal will be my last hope as I will not be able to fulfill the new immigration rules when applied.

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Spouce visa for second wife rejected.... Kindly advice!!!

Spouce visa for second wife rejected.... Kindly advice!!!