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Remarried 2nd wife before Decree Absolute

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Marriage | Unmarried Partners | Fiancé | Ancestry

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An520
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Remarried 2nd wife before Decree Absolute

Post by An520 » Tue Sep 04, 2018 12:42 am

Hi

I got re married in Pakistan in Jan 2016, my divorce from my first wife was completed in April 2017 (decree absolute). I am a British citizen, my daughter was born in march 2017 in pakistan with my current wife my daughter has recieved her British passport in july 2018. Now I need to apply for my wife visa for uk what options do I have as I understand it may not be straight forward as I was not free to marry under uk law for spouse visa purposes. Any advice would be much appreciated.
Thanks

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equitydealer
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Re: Remarried 2nd wife before Decree Absolute

Post by equitydealer » Tue Sep 04, 2018 8:18 am

I assume your marriage in Pakistan was registered with NADRA and not just an Islamic one? If registered, your marriage won’t be recognised here.
My comments do not constitute immigration advice, if in doubt consult an immigration adviser/solicitor

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Casa
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Re: Remarried 2nd wife before Decree Absolute

Post by Casa » Tue Sep 04, 2018 8:20 am

Your marriage won't be recognised as under British law you weren't legally able to re-marry before your Divorce Decree Absolute was granted. Therefore a Spouse Settlement visa will be refused.

Most who have found themselves in this unfortunate situation 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.

An520
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Re: Remarried 2nd wife before Decree Absolute

Post by An520 » Tue Sep 04, 2018 8:46 am

Thanks for the information.

On the fiance visa route, on the visa application do i tick yes to i am married or tick no.

UKBA are aware I am married in pakistan as I submitted my nadra marriage certficate for my daughter's British passport application.

Again your replies are appreciated

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equitydealer
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Re: Remarried 2nd wife before Decree Absolute

Post by equitydealer » Tue Sep 04, 2018 11:16 am

That’s the problem, they know you’re married. In Pakistan you’re legally married, in the UK it’s not recognised. Messy.

Might need to get professional advice on how to proceed.
My comments do not constitute immigration advice, if in doubt consult an immigration adviser/solicitor

An520
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Re: Remarried 2nd wife before Decree Absolute

Post by An520 » Tue Sep 04, 2018 11:33 am

Yes it's messy
I have spoken to 2 different immigration lawyers who both gave 2 different answers.
Read a few threads on here and it seems as Fiance visa is the way forward.
Just the application form asks the question about marriage so not sure to put yes or No on it .

minsurfnet
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Re: Remarried 2nd wife before Decree Absolute

Post by minsurfnet » Tue Sep 04, 2018 12:13 pm

My personal experience is that, if you're truthfully explain your situation the chances are good. If you're separated more than 2 years with your ex-wife and the divorce proceeding was going on then explain that as well.

An520
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Re: Remarried 2nd wife before Decree Absolute

Post by An520 » Tue Sep 04, 2018 12:24 pm

Hi Minsurfnet
Unfortunately my divorce proceedings started after the 2nd wedding as my 2 year separation came up in April 2016.

Have you been in a similar scenario ?

Miyash
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Re: Remarried 2nd wife before Decree Absolute

Post by Miyash » Tue Sep 04, 2018 4:32 pm

An520 wrote:
Tue Sep 04, 2018 12:24 pm
Hi Minsurfnet
Unfortunately my divorce proceedings started after the 2nd wedding as my 2 year separation came up in April 2016.

Have you been in a similar scenario ?
we are in same boat.but we have remmarid and have applied again, as previoysly was refused .now waiting since jan,2018 for decision.lets see wt will be the outcome of our application.

An520
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Re: Remarried 2nd wife before Decree Absolute

Post by An520 » Tue Sep 04, 2018 4:40 pm

Did u remarry in pakistan ?
Have u now applied and waiting for spouse visa?

Miyash
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Re: Remarried 2nd wife before Decree Absolute

Post by Miyash » Tue Sep 04, 2018 4:50 pm

An520 wrote:
Tue Sep 04, 2018 4:40 pm
Did u remarry in pakistan ?
Have u now applied and waiting for spouse visa?
we remarried in Azad kashmir bcz my husband belongs to there and previously our marriage was registered in pakistan nadra thats why did not remarried in pakistan may be they dont register it again.in azad kashmir there are different rules and Govt aswell thats why we did it.now plz pray for positive response from HO we are waiting since last 8months.

minsurfnet
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Re: Remarried 2nd wife before Decree Absolute

Post by minsurfnet » Tue Sep 04, 2018 5:05 pm

An520 wrote:
Tue Sep 04, 2018 12:24 pm
Hi Minsurfnet
Unfortunately my divorce proceedings started after the 2nd wedding as my 2 year separation came up in April 2016.

Have you been in a similar scenario ?
Yes, i pretty much the same but a bit more complicated. It's a good idea that you do Nikah ceremony again, take new NikahNama to Nadara Union Council and re-register your marriage. Send new NAdara Marriage certificate along with Urdu Nikhanama and explain it. Make sure you also get FRC (Family registration Certificate).

Miyash
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Re: Remarried 2nd wife before Decree Absolute

Post by Miyash » Tue Sep 04, 2018 5:11 pm

minsurfnet wrote:
Tue Sep 04, 2018 5:05 pm
An520 wrote:
Tue Sep 04, 2018 12:24 pm
Hi Minsurfnet
Unfortunately my divorce proceedings started after the 2nd wedding as my 2 year separation came up in April 2016.

Have you been in a similar scenario ?
Yes, i pretty much the same but a bit more complicated. It's a good idea that you do Nikah ceremony again, take new NikahNama to Nadara Union Council and re-register your marriage. Send new NAdara Marriage certificate along with Urdu Nikhanama and explain it. Make sure you also get FRC (Family registration Certificate).
dear misurfnet what is your scenario can you plz share??

An520
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Re: Remarried 2nd wife before Decree Absolute

Post by An520 » Tue Sep 04, 2018 5:20 pm

Is it not easier to go down the fiance route.? HO are aware of my marriage as I applied for my daughter's passport nadra marriage certficate and wedding pics were sent. At that time FRC was also created.

Miyash
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Re: Remarried 2nd wife before Decree Absolute

Post by Miyash » Tue Sep 04, 2018 5:36 pm

An520 wrote:
Tue Sep 04, 2018 5:20 pm
Is it not easier to go down the fiance route.? HO are aware of my marriage as I applied for my daughter's passport nadra marriage certficate and wedding pics were sent. At that time FRC was also created.
cant suggest anything before our visa get approve.we r jst waiting now.will update u as soon as receive any news .i read on net, there are mamy cases like us.and some of them have remarried and got visa.but have to wait .

An520
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Re: Remarried 2nd wife before Decree Absolute

Post by An520 » Tue Sep 04, 2018 7:19 pm

Casa wrote:
Tue Sep 04, 2018 8:20 am
Your marriage won't be recognised as under British law you weren't legally able to re-marry before your Divorce Decree Absolute was granted. Therefore a Spouse Settlement visa will be refused.

Most who have found themselves in this unfortunate situation apply for a fiance visa and marry in the UK.
Casa. Can u guide me or your opinion on how to answer the marriage question on a fiance application.
Thanks

An520
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Posts: 31
Joined: Thu Aug 23, 2018 1:26 am
United Kingdom

Re: Remarried 2nd wife before Decree Absolute

Post by An520 » Mon Sep 10, 2018 12:51 am

Can anyone guide me on how to answer the marriage question if im going on a fiance visa route.

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Casa
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Re: Remarried 2nd wife before Decree Absolute

Post by Casa » Mon Sep 10, 2018 9:45 am

An520 wrote:
Mon Sep 10, 2018 12:51 am
Can anyone guide me on how to answer the marriage question if im going on a fiance visa route.
You can explain the situation in the 'any other information' section.
(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.

An520
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Posts: 31
Joined: Thu Aug 23, 2018 1:26 am
United Kingdom

Re: Remarried 2nd wife before Decree Absolute

Post by An520 » Mon Sep 10, 2018 11:10 am

Thanks Casa.
I will do that. The way I'm looking at it is answer the question as yes to married and then obviously explain the whole situation in detail of why I am applying for fiance visa. Would that be the best way?

Miyash
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Pakistan

Re: Remarried 2nd wife before Decree Absolute

Post by Miyash » Sat Sep 22, 2018 6:58 pm

minsurfnet wrote:
Tue Sep 04, 2018 5:05 pm
An520 wrote:
Tue Sep 04, 2018 12:24 pm
Hi Minsurfnet
Unfortunately my divorce proceedings started after the 2nd wedding as my 2 year separation came up in April 2016.

Have you been in a similar scenario ?
Yes, i pretty much the same but a bit more complicated. It's a good idea that you do Nikah ceremony again, take new NikahNama to Nadara Union Council and re-register your marriage. Send new NAdara Marriage certificate along with Urdu Nikhanama and explain it. Make sure you also get FRC (Family registration Certificate).
hi congrats u got the visa for ur family.i just want to ask did u also remarry after decree absolute??

minsurfnet
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Joined: Tue Nov 08, 2011 6:41 pm
United Kingdom

Re: Remarried 2nd wife before Decree Absolute

Post by minsurfnet » Sun Sep 23, 2018 12:30 pm

Miyash wrote:
Sat Sep 22, 2018 6:58 pm
minsurfnet wrote:
Tue Sep 04, 2018 5:05 pm
An520 wrote:
Tue Sep 04, 2018 12:24 pm
Hi Minsurfnet
Unfortunately my divorce proceedings started after the 2nd wedding as my 2 year separation came up in April 2016.

Have you been in a similar scenario ?
Yes, i pretty much the same but a bit more complicated. It's a good idea that you do Nikah ceremony again, take new NikahNama to Nadara Union Council and re-register your marriage. Send new NAdara Marriage certificate along with Urdu Nikhanama and explain it. Make sure you also get FRC (Family registration Certificate).
hi congrats u got the visa for ur family.i just want to ask did u also remarry after decree absolute??

Thanks, I can't share few things here, but in my case no it's not.

An520
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Re: Remarried 2nd wife before Decree Absolute

Post by An520 » Mon Oct 01, 2018 8:23 pm

Hi All
I will be applying for the fiance visa. Have a few questions
1. I have bank statements printed from the branch stating my address and also states the branch sort code I got them printed from. Is this sufficient?
2. In the application it states how long you intend to stay. Now this is a fiance visa with a view to extend to spouse, how to i answer this?

Thanks

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seagul
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Re: Remarried 2nd wife before Decree Absolute

Post by seagul » Mon Oct 01, 2018 10:13 pm

An520 wrote:
Mon Oct 01, 2018 8:23 pm
Hi All
I will be applying for the fiance visa. Have a few questions
1. I have bank statements printed from the branch stating my address and also states the branch sort code I got them printed from. Is this sufficient?

yes

2. In the application it states how long you intend to stay. Now this is a fiance visa with a view to extend to spouse, how to i answer this?

say anything longer than 6 months or say forever which wont make any difference.

Thanks
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

An520
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Re: Remarried 2nd wife before Decree Absolute

Post by An520 » Mon Oct 01, 2018 11:35 pm

Thanks Seagul

An520
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Re: Remarried 2nd wife before Decree Absolute

Post by An520 » Sun Oct 07, 2018 3:52 pm

Casa wrote:
Mon Sep 10, 2018 9:45 am
An520 wrote:
Mon Sep 10, 2018 12:51 am
Can anyone guide me on how to answer the marriage question if im going on a fiance visa route.
You can explain the situation in the 'any other information' section.
Hi Casa
The application form doesnt ask the marriage question,
In the additional information section , I will let them know why I'm applying for the fiance visa rather than spouse. As the application form is for my wife so this information will be coming from her or would it be ok if I wrote from my perspective. Hope it makes sense
Thanks

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