EU & Brexit Deal- marriage question

[Amo2012]

moderator note- split from:
referendum-news-and-developments-f55/eu ... 33641.html

this new information on 'settled status' is very confusing........I have recently applied for PR (in June) under SS route, got only the original passports back, not sure how are they gonna deal with the PR cases applied after 29th March 2017 or the cases under their consideration yet?

Current laws remain in place for now and will be used to consider applications for PR.

1)if HO issues PR, do we need to apply again for the 'settled status'?
2)can i apply for naturalization sooner after receiving the PR on the bases of British partner (not married but durable relationship)?

1. Current proposal is that holders of PR will need to apply for settled status- but it is possible that settled status will be given automatically. Depends on legislation and negotiations with the EU.

2. You can't apply for naturalisation as a spouse unless you are legally married to or in a civil partnership with a British citizen. You need to meet the requirements for naturalisation independently.

Thanks JAJ,
Actually we were married in Pakistan in 2007 but my British partner got his decree absolute from his ex-wife in UK in 2009 which i believe does not count as a legal marriage in UK........

1)Is it possible to get marry in UK now while documents are submitted for PR (original passports are with us)?

2) if we do get married now in UK, can we apply for the naturalization right away after getting PR?

thanks,

[JAJ]

These questions would best be discussed with an solicitor who has an established law practice in this area.

Home Office policy as outlined in the Nationality Instructions can be accessed as follows:
https://www.gov.uk/government/uploads/s ... rriage.pdf

[Amo2012]

Hi,
We went to serve notice of marriage at the registrar office, we have been told that if i do have original RC with me at the moment (original is with HO along with other documents against the application for EEA-PR) then there was no need to get the approval from HO but as we presented copy of RC now all the documents will be forwarded to HO for immigration clearance purposes.
We also explained registrar that we got married in Pakistan (where polygamy is legal) before getting the decree absolute from my partner's ex-wife in UK. The registrar said, we will now check whether it was ''BIGAMY'' or not and that can only be done by providing them Pakistani marriage certificates which will then be forwarded to their head office for Bigamy issue clearance.
I am worried now, as per my knowledge this is not Bigamy because marriage was done in Pakistan where Polygamy is legal and i came to UK (via EEA FP under SS route) years after decree absolute.

I would be very thankful if you could please help me on below:

1) is it Bigamy?
2) in our case where documents are already forwarded to HO by the registrar, which possible action HO can take?
3)should we go to provide the registrar pakistani marriage certificates to get the clearance from their head office for marriage or should we step back and not taking any further step from this point onward and to wait for the notice of marriage to be expired after one year?

your suggestions are always helpful.

many thanks,

[Casa]

Hi,
We went to serve notice of marriage at the registrar office, we have been told that if i do have original RC with me at the moment (original is with HO along with other documents against the application for EEA-PR) then there was no need to get the approval from HO but as we presented copy of RC now all the documents will be forwarded to HO for immigration clearance purposes.
We also explained registrar that we got married in Pakistan (where polygamy is legal) before getting the decree absolute from my partner's ex-wife in UK. The registrar said, we will now check whether it was ''BIGAMY'' or not and that can only be done by providing them Pakistani marriage certificates which will then be forwarded to their head office for Bigamy issue clearance.
I am worried now, as per my knowledge this is not Bigamy because marriage was done in Pakistan where Polygamy is legal and i came to UK (via EEA FP under SS route) years after decree absolute.

I would be very thankful if you could please help me on below:

1) is it Bigamy?
2) in our case where documents are already forwarded to HO by the registrar, which possible action HO can take?
3)should we go to provide the registrar pakistani marriage certificates to get the clearance from their head office for marriage or should we step back and not taking any further step from this point onward and to wait for the notice of marriage to be expired after one year?

your suggestions are always helpful.

many thanks,

You are free to marry in a country which accepts polygamy, but your marriage won't be recognised under British law as you re-married before you were lawfully divorced (divorce decree absolute).

What do you mean by 'wait for the notice of marriage to be expired after one year'

[Amo2012]

Hi,
We went to serve notice of marriage at the registrar office, we have been told that if i do have original RC with me at the moment (original is with HO along with other documents against the application for EEA-PR) then there was no need to get the approval from HO but as we presented copy of RC now all the documents will be forwarded to HO for immigration clearance purposes.
We also explained registrar that we got married in Pakistan (where polygamy is legal) before getting the decree absolute from my partner's ex-wife in UK. The registrar said, we will now check whether it was ''BIGAMY'' or not and that can only be done by providing them Pakistani marriage certificates which will then be forwarded to their head office for Bigamy issue clearance.
I am worried now, as per my knowledge this is not Bigamy because marriage was done in Pakistan where Polygamy is legal and i came to UK (via EEA FP under SS route) years after decree absolute.

I would be very thankful if you could please help me on below:

1) is it Bigamy?
2) in our case where documents are already forwarded to HO by the registrar, which possible action HO can take?
3)should we go to provide the registrar pakistani marriage certificates to get the clearance from their head office for marriage or should we step back and not taking any further step from this point onward and to wait for the notice of marriage to be expired after one year?

your suggestions are always helpful.

many thanks,

You are free to marry in a country which accepts polygamy, but your marriage won't be recognised under British law as you re-married before you were lawfully divorced (divorce decree absolute).

What do you mean by 'wait for the notice of marriage to be expired after one year'

Hi Casa,
As the registrar said that if we haven't provide them pakistani marriage certificate then notice will automatically be expired after one year, i mean if it's bigamy then we shouldn't take any step regarding submitting the pakistani marriage certificate and keep our lives as normal as it was before serving the notice?
does HO has anything to clear regarding it was bigamy or not or only the head office of the registrar is the authority for this kind of matter?

Thanks,

[Amo2012]

BTW, is it possible to cancel the notice for marriage.....as per the registrar it's not possible?

[Casa]

The Home Office will be interested in whether your wife's first husband (from whom she wasn't divorced when you married) was mentioned in your EEA FP application. You would have been required to submit the divorce decree absolute with the application.

[Amo2012]

The Home Office will be interested in whether your wife's first husband (from whom she wasn't divorced when you married) was mentioned in your EEA FP application. You would have been required to submit the divorce decree absolute with the application.

Hi,
While applying for EEA FP we have mentioned the whole case and submitted decree absolute along with, that's why we applied on the bases of durable relationship.
Not only this before applying for EEA FP from Germany in 2012, we applied for the spouse visa in 2009 from Pakistan which was refused on the bases that our marriage was not recognised by UK laws as decree absolute was awarded after the marriage in pakistan.
So in short HO has all our records from the beginning and we never hide anything from them, even now recently i applied for EEA PR (still under process) on the bases of durable relationship and provided them all the documents including decree absolute and pakistani marriage certificate.
We have two kids now, I was thinking to give our relationship a legal shape and protection so that's why went to the registrar office where we were surprised and worried by the registrar that before marriage they will forward our documents to find out whether it was bigamy or not?
i requested the registrar to cancel our notice but registrar declined that it's not possible. The registrar said we have already forwarded documents to the HO and HO will contact you for further procedure directly and if we didn't provide pakistani marriage certificate to the registrar within one year then the notice will be cancelled.
I was thinking that the life would be easier in this way but looks like things are getting complicated again....please advise what should i do?

many thanks

[Amo2012]

Went to citizen advice bureau, even they are not sure about this case if it's Bigamy or not?