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Issue with second marraige

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Marriage | Unmarried Partners | Fiancé | Ancestry

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Josh29
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Issue with second marraige

Post by Josh29 » Fri Aug 04, 2017 2:57 am

Hi,

I do visit this page and it helped by going through others post of different visa appliations. I'm on PR now granted in July 2015 vie Tier 1 general route. I married a girl here who was at that time on PSW, she manage to get the dependent visa.

Coming under family pressure in India I have married again in India and its was unavoidable due to family pressure. Now my wife who is here with me in UK through a charity which help individual with UK visa issue, manage to handover the marriage certificate to home office. So home office is aware of my situation and that 2 officers who visit ones a month to the charity to help public with advice told her that they will see what application he file in future and we will monitor it.

I tried to divorce my wife here before marriage but that wouldn't be possible because of personal issues and may be will get divorce in few months. How I should bring my wife who is in Inida to UK on spouse Visa and I am planning to apply for British citizenship in soon, Do I disclose everything what happened in my naturalisation appointment ?

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Casa
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Re: Issue with second marraige

Post by Casa » Fri Aug 04, 2017 7:50 am

Your second 'wife' doesn't qualify for a Spouse Settlement visa as the marriage won't be recognised under British law. Even if you eventually divorce from your wife in the UK, the situation will remain the same.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Josh29
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Re: Issue with second marraige

Post by Josh29 » Fri Aug 04, 2017 8:05 pm

Thanks for your reply casa.

Shall I divorce my second wife, will that help anyways in future ?

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Casa
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Re: Issue with second marraige

Post by Casa » Fri Aug 04, 2017 8:14 pm

Josh29 wrote:Thanks for your reply casa.

Shall I divorce my second wife, will that help anyways in future ?
It won't make any difference unless you divorce your first wife before re-marrying.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Josh29
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Re: Issue with second marraige

Post by Josh29 » Fri Aug 04, 2017 8:18 pm

HO is aware of my second marriage, shall I disclose that in the naturalisation application, will they grant me the Citizenship other they will reject considering not in good character ?

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seagul
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Re: Issue with second marraige

Post by seagul » Fri Aug 04, 2017 9:27 pm

Josh29 wrote:HO is aware of my second marriage, shall I disclose that in the naturalisation application, will they grant me the Citizenship other they will reject considering not in good character ?
HO may give you a tough time on the basis that you haven't disclosed that fact.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Casa
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Re: Issue with second marraige

Post by Casa » Fri Aug 04, 2017 11:14 pm

Josh29 wrote:HO is aware of my second marriage,
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

secret.simon
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Re: Issue with second marraige

Post by secret.simon » Sat Aug 05, 2017 2:22 am

Also see OP's other thread on the same topic.
Josh29 wrote:I tried to divorce my wife here before marriage but that wouldn't be possible because of personal issues and may be will get divorce in few months. How I should bring my wife who is in Inida to UK on spouse Visa
As Casa has advised you, your second wife is ineligible to be sponsored as a spouse for any application under the UK Immigration Rules. As you were not free to marry at the time of the second marriage, that marriage simply does not exist for the purpose of UK immigration.

You will need to divorce your first wife and then only after the decree absolute of the divorce is issued, remarry your second wife. Only then can she apply for a spousal visa to come to the UK.

Your second wife can of course apply for a non-spousal visa for the UK, such as a PBS visa for which she is eligible in her own right. She just can't apply for a visa where you sponsor her.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Casa
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Re: Issue with second marraige

Post by Casa » Sat Aug 05, 2017 9:43 am

Further to Simon's advice, one issue which comes up frequently on the forum is the fact that as your second marriage is considered legal in your home country, it's not possible to re-marry without first going through the divorce process.

The other route following the divorce absolute of your first marriage would be to apply for a fiance visa and marry in the UK.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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seagul
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Re: Issue with second marraige

Post by seagul » Sat Aug 05, 2017 10:48 am

With due respect but your wife in UK really oversmart who seems to exceptionally familiar with immigration things.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Casa
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Re: Issue with second marraige

Post by Casa » Sat Aug 05, 2017 3:52 pm

seagul wrote:With due respect but your wife in UK really oversmart who seems to exceptionally familiar with immigration things.
Oversmart? No doubt she is concerned about protecting her rights as a wife. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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