ASSISTANCE NEEDED

[sanita222]

Hi
I am going to write with very hope that may be you can help me out with that.
I am married with Latvian national in 2005 in cyprus.
march 2008 we came to uk
i have RC which is valid untill 2014.
2010 i get married in paksitan and i have child of 5 month as well now as muslim we can marry 4 times.
Now i dont know how to join my family from pakistan in uk.
some adviced me to go for visit visa ,some said i should apply for studnet visa, really confused.
Should i declare my marrige in pakistan to UKBA or not ?Is there any bad impact on my PR.

[Jambo]

What have changed since your original post?

[nonspecifics]

First of all,

You will probably need to prove you are in a genuine marriage with the EU national.

They might find that hard to believe when you married someone else, even if that is allowed in your religion and culture. So collect as much evidence to prove your relationship is real and that you both lived in the UK and elsewhere as a real couple.

You would also need to prove that the EU national is exercising Treaty Rights in the UK.

Usually to sponsor a family member, such as a spouse, the non-EEA national would apply for an EEA family permit in the country where they are living with the EU national being the sponsor on the form.

But, I don't know the rules regarding polygamous marriages, so hopefully someone else can advise further.

[seputus]

I think you'll need a lawyer...

[quote]
While marriage was not defined in the 1995 Act, to interpret it as including polygamous marriage “would be to give it an interpretation which is simply not compatible with the constitutional understanding of marriageâ€

[nonspecifics]

As far as I am aware, if you claim you are a UK resident ( by claiming continuity of residence and having a residence card) then you need to live by the laws of the UK: you are not allowed to get married again - in the UK- if you are already married. That is called Bigamy and is a criminal offence.

It possibly may not be classed as bigamy as you married abroad but it does not guarantee it will be accepted by the UK authorities.

If you want to live according to the laws abroad then it is better to live abroad.

If you want to live in the UK, you are required to live by the laws of the UK.

[Obie]

Bigamy is of course A CRIMINAL OFFENCE in the UK, but if the marriage was contracted in a country where this practice is acceptable and the marriage is legally recognised, then the person is not committing a Criminal offence. The UK reserve the right not to accept the second spouse or even the second marriage for immigration purpose.

However, they will need to take into account the best interest of any children in these relationship, in accordance with their treaty or convention obligation. It may in some cases, that this will tilt the balance in favoure of issuing a visa.

The problem with this OP's situation in my view - i must state i am not seeking to judge him, is that he seemed to have married this other woman before he got married to this EEA national. In view of this, his marriage to her may be considered invalid and not worthy of derivative rights under community law.

[nonspecifics]

If he claims to be a UK resident then I presume he would be regarded as domiciled in the UK.

http://www.ukvisas.gov.uk/en/ecg/settle ... smarriages:

"(NB: No person domiciled in any part of the UK has the capacity to enter into a polygamous marriage. Section 11(d) of the Matrimonial Causes Act 1973 is the authority regarding a party domiciled in England and Wales. The Act states that a marriage is not polygamous if at its inception neither party has any spouse additional to the other. There is corresponding legislation for Scotland and for Northern Ireland.)"


If he was already married before he married the Latvian then maybe he should read this website:

Rules and Regulation Requirements to marry in Cyprus:

"......you must have a signed, stamped paper saying that you are not already married."

[86ti]

[...] is that he seemed to have married this other woman before he got married to this EEA national.

From the original post(s) it is the other way around.

[vinny]

What have changed since your original post?

Best to continue in original thread.