family visa

[jumpmaster]

Hello to all.

I was suggested by a friend to join this forum for immigration help.

I got my indafinate in 2003.As I was married to my x european wife.UK.

Got british passport.

My divorce finalised in 2006 in U.K.from European x wife.[degree absolute].

but I went to pakistan in 2004 and got married{Nikah}.And have one child born in 2005.

I want sponser my wife and child but i have been told by my solicitor that

if i apply for spouse visa on the bases of [Nikah in 2004] U.K. Law doesnt

recognise my Nikah.

He further added i have two options.

1. To remarry my wife and then submit spouse application.

2. To apply as a fiancee.

My question to him was[here is where i get confused] would the visa officer

not take into account that I already Have one child born in 2005 and i am

remarrieng my wife or applying as a fiancee ?

As my friends in Pakistan this is not common practice to have a child

without marriage or Nikah Unlike Europe.

And the visa officer must know that or have atleast some knowledge of

local culture and treditions.

Then My solicitor suggested I should apply for fiancee visa and mention in

the application that fiancee visa is bieng applied because we already have a

Nikah which was done well before the degree absolute and U.K. Law does

not accept that.

Solictor said to me many people have been in your situation and you are not

the first one.

If you had no child then remmarieng your wife could have been a good

bases for a spouse visa.But since I have a child born in 2005 there is only

one option and that is a Fiancee visa.

what do you all think i should do.

Follow solicitors advice and apply for fiancee visa[mentioning that im

applying fiancee because of first islamic nikah as bieng not acceptable]

Has any body out there been in the same situation as mine and did u

succeed with fiancee route or remarrieng.was your application successful.

if yes then i would very much like to hear from you and gain from your

experinces before taking the final plunge my self thanks.

[batleykhan]

You can do it two ways

1. Apply for a Fiancee visa. When she arrives here you get married in a Registrars Office. You will then be legally married in the eyes of UK laws and Immigration rules.

2. If you are already married in Islamic law, you can divorce your wife and remarry her again and register the new marriage and use that as your date of marriage. However you have to remember you have to give ONE TALAQ AND NOT THREE.

The advantage of giving one talaq is that you legally become divorced from your wife under Islamic law. You have to register this divorce with the appropriate authorities.

You can then remarry her again some 3 or 4 months later. She will not have to marry a second person and get a divorce from him in order to remarry you.

If you divorce her three times, then she will have to marry someone else, sleep with that person and then ask for a divorce before she can marry you.This is perfectly legal in Pakistan if you wish to do it this way.

The first one is easy,but questions may be asked especially as you have a child. The second one is more complicated but perfectly legal if you wish to pursue it.

[jumpmaster]

thanks alot for your reply.
I have a few questions after reading your post:

1. you said fiancee visa is easy but questions might be asked as i have a child.
pls.what questions, can you clarify.
2. 2nd.option is complicated but perfectly legal,if i do divorce and register new
marriage.Would questions about my child will not be raised since new registration date could be 2012 and my child was born a few years before this date.
3. if i take the 2nd option do i submit first nikah nama + Divorce + new nikah nama.
4. how do i explain my child in the application in both options.
5. Has any one you know on this or any other forum who has been in my situation and succeeded by remarriage or fiancee root.
your and any body elses answers to all my questions will make me satisfied
As my friends i cant sleep all night this issue hit like a hammer on my head everysecon.
So pls. all help me.

[geriatrix]

sorry to but in but what is the minnimum benchmark after accomodation