Spouse Visa advice.

[ZD]

Hi all.

I wondered if anyone could help me with my query my situation is driving me insane.

I am a British Born citizen and travelled to Pakistan in 2000 and was married under Islamic law [Nikkah], I then travelled with my wife back to the UK and married her at my local registrar office and she received her spouse visa. My marriage did not work out and I divorced my wife under Islamic law [In 2001] however I am waiting for my decree absolute in this country.

Whilst waiting for my decree absolute, I travelled to Pakistan in 2002 and married my second wife who applied for a 5 year visitors visa via a drop box and was granted a multiple entry visa and consequently she travelled to the UK under a Visitors visa.

My second wife fell pregnant in the UK and paid for all the NHS treatment she received [ scan and general check up] and then travelled back to Pakistan. However upon return she was refused leave to enter because her circumstances had changed thus her purpose- from visiting purpose to medical purpose and was asked to return to Pakistan and apply for a medical visa. Unfortunately she was at her later stage of pregnancy and was not permitted to fly and as a result she will have the baby in Pakistan.

I am in the process of receiving my decree absolute which will then allow my second wife to apply for a spouse visa. The question is whether her refusal of entry would affect her application? i.e Would it be rejected outright? How would it affect her application?

I earn £40000 + bonuses per annum, rent a two bedroom house, have a good ammount of savings etc etc and also have a letter from the NHS confirming that my second wife paid for the treatment she received whilst she was in the UK [She fell pregnant in the UK] and I can provide all the necessary documentation required as stated on the form. P60, Payslips, Bank accounts, letter from employer etc.

I have spoken to relevant immigration officers/office in the UK and at Heathrow and they all have said the same thing in that each application is treated as a unique application although I must state on the form she was refused entry to the UK because her circumstances had changed; simply put, it doesn’t affect the spouse application per se


Am I worrying too much? I have no problem in providing evidence of my status. Any advice would be appreciated.

Many thanks

[John]

I am in the process of receiving my decree absolute which will then allow my second wife to apply for a spouse visa.

The Decree Absolute will enable you to get (legally, as compared to religiously) married ... following which your wife will be able to apply for a spouse visa.

The question is whether her refusal of entry would affect her application? i.e Would it be rejected outright? How would it affect her application?

No, I don't think so, except I am surprised she got the visitor visa so easily. I make no accusation, but I wonder if material facts were withheld when the visitor visa was applied for? If that has happened then that could affect a subsequent visa application.

[ZD]

The Decree Absolute will enable you to get (legally, as compared to religiously) married ... following which your wife will be able to apply for a spouse visa.

Hi John, I am a bit confused by your comment. Do you suggest I remarry my wife religiously once I receive my decree absolute?

for the year 2002

No, I don't think so, except I am surprised she got the visitor visa so easily. I make no accusation, but I wonder if material facts were withheld when the visitor visa was applied for? If that has happened then that could affect a subsequent visa application.

Many thanks for your help John. My second wife travelled to the UK on numerous occasions before I married her and on each occasion she was granted a single visit visa [via interview]. [And a multiple visa to the US too]. She applied for her UK multiple visa via a drop box and not through an interview. I assume this method would have an influence on the decision to some degree?

Also, Am I correct in thinking that as long as I provide all documentary evidence my wife’s spouse application should be fine?

Many thanks for you help again.

[John]

Hi John, I am a bit confused by your comment. Do you suggest I remarry my wife religiously once I receive my decree absolute?

No, but given you are currently legally married, to your first wife, clearly the UK will not recognise the marriage ceremony you had with your second wife. It therefore appears to be the case that you will need to marry her ... legally .... before applying for a spouse visa.

Apart from needing to prove that the two of you are legally married, no I don't think you will have a problem.

[ZD]

Hi John, I am a bit confused by your comment. Do you suggest I remarry my wife religiously once I receive my decree absolute?

No, but given you are currently legally married, to your first wife, clearly the UK will not recognise the marriage ceremony you had with your second wife. It therefore appears to be the case that you will need to marry her ... legally .... before applying for a spouse visa.

Apart from needing to prove that the two of you are legally married, no I don't think you will have a problem.

Many thanks John. I believe I may have to register my Nikkah certificate at a court of Pakistan.

[John]

I believe I may have to register my Nikkah certificate at a court of Pakistan.

I shall have to take your word for that. Others from Pakistan might be able to comment.

There might be another way of proceeding? If she applies for a fiancee visa she could fly to the UK and then get legally married at a UK Register Office. I totally accept that such a plan may or may not appeal to you.

[ZD]

There might be another way of proceeding? If she applies for a fiancee visa she could fly to the UK and then get legally married at a UK Register Office. I totally accept that such a plan may or may not appeal to you.

The Fiancée visa was an option that we considered but my wife changed her name on her passport based on our Nikkah and subsequently our child will include the family name too. Would this pose a problem if I applied for a fiancée visa given that her passport is in her married name [based on our NIkkah]?

[John]

As regards the name in the passport etc, it is irrelevant as far as applying for a visa is concerned.

That is, as far as UK law is concerned me can call ourselves whatever we want, as long as no fraud is involved. So the fact that your wife has changed her name before (in the eyes of UK law) being legally married to you is totally within her rights. Such change will not affect the visa application.

[ZD]

John, many thanks. Your information is worth its weight in gold and it just goes to that immigration solicitors are utterly useless when asked to provide key information. The solicitor suggested that she should write a letter and attach it with my wife's application but as far as I have read on this forum, such info is of no use given that evidence is far more imperative.

May I ask your profession?

Thanks again.

[Mars007]

ZD,

You will have to re-register your marriage with a new Nikah (need to fill in the relevant forms from priest, (I can tell you quite useful information as I was in a similar situation if you e-mail me) I had done the samething, your case is exactly like mine I got my Mrs visa no problem but you need to know what you have to do.

See your second wife is legally married to you in Pakistan but not in UK therefore, she can change her name to whatever she likes to. Contact me if you require further info ghafoor10@hotmail.com.