Overseas Family of British Person

Rizahidam77 · Post by **Rizahidam77** » Mon Aug 17, 2015 12:20 pm

Dear Board Members,

I've been searching the scenario similar to my friend's family situation but could not find it.

He has become British National couple of months ago and he got ILR through marrying a British Women. He has been divorced prior to get the British Citizenship. He has a 4 year old child from his first marriage in Pakistan. Now being a British Citizen he wishes to bring his child and wife to UK.

Question arise:

Whether he can bring his first wife and child in UK?
If yes, does the child need to be naturalized first or can apply for passport first?
Which application form is applicable for his wife?

Thank you very much for your kind assistance.

Wanderer · Post by **Wanderer** » Mon Aug 17, 2015 12:24 pm

Which wife did he divorce?

Rizahidam77 · Post by **Rizahidam77** » Mon Aug 17, 2015 12:32 pm

He divorced to his EU wife in the UK. And the lady was originally from Netherlands.

Sorry I mentioned her as British wife in my previous post.

Casa · Post by **Casa** » Mon Aug 17, 2015 12:39 pm

In order to apply for a settlement visa for his ex-wife, he would need to re-marry her and apply for a spouse settlement visa. That's assuming he is able to meet all the conditions, including the minimum earnings level of £18,600.
https://www.gov.uk/join-family-in-uk/overview

I'll let someone else comment on the right to BC for his child. I'm slightly confused with how he can have a 4 year old child with his ex-wife when the path to citizenship as the spouse of an EEA national would be 6 years!

Wanderer, I've understood it as he divorced two wives??? If he was still married to his 'first wife' when he married the EEA wife, then I assume he didn't declare the first marriage and he now has a serious problem! Still with me??

Wanderer · Post by **Wanderer** » Mon Aug 17, 2015 12:46 pm

I might be being as thick as a whale omelette here but doesn't the fact he married his Dutch wife without divorcing his Pakistani wife make the marriage second bigamous and potentially his citizenship fraudulent?

Or have I read it wrong?

chocolateorange88 · Post by **chocolateorange88** » Mon Aug 17, 2015 12:50 pm

sounds like he divorced first one, married 2nd for convenience, divorced 2nd wife after ILR and was still giving it to first wife the whole time to have a 4 year old child ....

Wanderer · Post by **Wanderer** » Mon Aug 17, 2015 12:53 pm

chocolateorange88 wrote:sounds like he divorced first one, married 2nd for convenience, divorced 2nd wife after ILR and was still giving it to first wife the whole time to have a 4 year old child ....

Hey, being cynical around here is my job!!! lol!!

vinny · Post by **vinny** » Mon Aug 17, 2015 12:54 pm

Child has no automatic claim to British citizenship. Child's registration will be subject to discretion.

chocolateorange88 · Post by **chocolateorange88** » Mon Aug 17, 2015 1:00 pm

Wanderer wrote:
chocolateorange88 wrote:sounds like he divorced first one, married 2nd for convenience, divorced 2nd wife after ILR and was still giving it to first wife the whole time to have a 4 year old child ....

Hey, being cynical around here is my job!!! lol!!

I just said what other readers were thinking haha

Casa · Post by **Casa** » Mon Aug 17, 2015 1:03 pm

Wanderer wrote:I might be being as thick as a whale omelette here but doesn't the fact he married his Dutch wife without divorcing his Pakistani wife make the marriage second bigamous and potentially his citizenship fraudulent?

Or have I read it wrong?

That's what I arrived at.

If so, it would put his acquisition of ILR and British Citizenship in question due to deception.

Rizahidam77 · Post by **Rizahidam77** » Mon Aug 17, 2015 1:12 pm

In fact, he never divorced the first wife who is in Pakistan. He made second married to a dutch lady exactly 1 year after entering UK. And he applied for ILR after 7 years in partnership with dutch lady. And he was divorced by her just after his ILR. He said he was sent a query from Home Office that whether he has any other marriage during last five years which he replied no because his first marriage was beyond five years.

Do you think if he sponsor his first wife, he will be in trouble?
And still can he get his son BC through naturlisation?

Thanks

noajthan · Post by **noajthan** » Mon Aug 17, 2015 1:15 pm

Rizahidam77 wrote:Dear Board Members,

I've been searching the scenario similar to my friend's family situation but could not find it.

He has become British National couple of months ago and he got ILR through marrying a British Women. He has been divorced prior to get the British Citizenship. He has a 4 year old child from his first marriage in Pakistan. Now being a British Citizen he wishes to bring his child and wife to UK.

Question arise:

Whether he can bring his first wife and child in UK?
If yes, does the child need to be naturalized first or can apply for passport first?
Which application form is applicable for his wife?

Thank you very much for your kind assistance.

For the child it depends on where child was born & on the UK immigration status of both parents.
- the best interests of a young child should of course be considered paramount here.

chocolateorange88 · Post by **chocolateorange88** » Mon Aug 17, 2015 1:18 pm

Rizahidam77 wrote:In fact, he never divorced the first wife who is in Pakistan. He made second married to a dutch lady exactly 1 year after entering UK. And he applied for ILR after 7 years in partnership with dutch lady. And he was divorced by her just after his ILR. He said he was sent a query from Home Office that whether he has any other marriage during last five years which he replied no because his first marriage was beyond five years.

Do you think if he sponsor his first wife, he will be in trouble?

Of course... the marriage certificates between him and wife number 1, and divorce certificate from wife number 2 will clash. Classic case of deception. The HO wont like that!
Worse case scenario, they may revoke him of everything.

And still can he get his son BC through naturlisation?

Thanks

Casa · Post by **Casa** » Mon Aug 17, 2015 1:19 pm

As soon as he submits a spouse visa application for his first wife, it will be evident that he wasn't free to marry his second wife, through whom he obtained Permanent Residence and subsequently BC. He stands a high risk of losing his citizenship. He obviously lied in his UK marriage registration as he would not have been permitted to marry under British law had the first marriage been declared. I believe this is considered a criminal offence.

Wanderer · Post by **Wanderer** » Mon Aug 17, 2015 1:30 pm

Rizahidam77 wrote:In fact, he never divorced the first wife who is in Pakistan. He made second married to a dutch lady exactly 1 year after entering UK. And he applied for ILR after 7 years in partnership with dutch lady. And he was divorced by her just after his ILR. He said he was sent a query from Home Office that whether he has any other marriage during last five years which he replied no because his first marriage was beyond five years.

Do you think if he sponsor his first wife, he will be in trouble?
And still can he get his son BC through naturlisation?

Thanks

In that case he's in serious do-do's.....

Polygamy is a criminal offence in most countries including the UK, and it also means his ILR and BC was obtained fraudulently.

Words fail me honestly.

Casa · Post by **Casa** » Mon Aug 17, 2015 2:02 pm

To clarify what he is facing re the revocation (deprivation) of British Citizenship:
Where nullity action is not appropriate, deprivation should be
considered where concealment of a material fact would have
led to the refusal of the citizenship application, if it had been
known at the time, because the criteria of the British Nationality
Act 1981 would not have been met.
 A marriage or civil partnership which is found to be invalid or
void, and would have therefore affected the individual’s ability
to meet the requirements for an application under section 6(2).

The full information is here:
https://www.gov.uk/government/uploads/s ... eption.pdf

noajthan · Post by **noajthan** » Mon Aug 17, 2015 2:17 pm

Interestingly, polygamy can be recognised by UK immigration authorities if entered into in a jurisdiction that permits polygamous marriage (however all marriages contracted in the UK must be monogamous):
https://www.gov.uk/government/publicati ... es-general

& ref: www.parliament.uk/briefing-papers/sn05051.pdf

Casa · Post by **Casa** » Mon Aug 17, 2015 3:27 pm

The person in question would have without doubt lied in his notification of marriage and given his status as 'single'. Therefore the marriage to his EEA 'wife' would have been invalid anyway.
It would be interesting to know whether they actually ever lived together.

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