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Childrenfrom 2nd Wife -Registration

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jafferdeen
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Joined: Wed Sep 11, 2013 3:48 pm

Childrenfrom 2nd Wife -Registration

Post by jafferdeen » Sat Apr 26, 2014 8:14 am

Dear All

My friend is married to a British national and he recently granted ILR as a spouse .
He has 2nd wife who came into the UK as visitor but stayed here.His both marriages are religious (Islamic Nikkah).

He has 2 children from 2nd wife (overstayed one) .First child is 3 years old and other one is 1 year old .As for as Home Office is concern ,he just mention his first wife who is British.

He is now looking to apply for children to register as British.both children Birth certificate has no father name yet but he will put his name down as father now.

what he needs to do to get his children register as British??

is there will be any issue as he never mentioned his 2nd marriage??

please advice......
J Khan

Amber
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Re: Childrenfrom 2nd Wife -Registration

Post by Amber » Sat Apr 26, 2014 12:47 pm

Did his first wife know about this? What were the dates he married the British wife and non-British wife? Are you sure he didn't register a civil marriage for his British wife, I think he would have as a Islamic marriage conducted in the UK means nothing in UK law.
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85 East
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Re: Childrenfrom 2nd Wife -Registration

Post by 85 East » Sat Apr 26, 2014 1:29 pm

Amber_ wrote:Did his first wife know about this? What were the dates he married the British wife and non-British wife? Are you sure he didn't register a civil marriage for his British wife, I think he would have as a Islamic marriage conducted in the UK means nothing in UK law.
I would presume he has registered his marriage with his first wife. However, I don't see how the children from the second marriage can be registered as British. The father has ILR, however the mother has no right to remain, and I cannot see how the children can register for UK citizenship as neither parent has it.

Amber
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Re: Childrenfrom 2nd Wife -Registration

Post by Amber » Sat Apr 26, 2014 2:15 pm

My concern is that the man was already married before he married the British wife, thus he gained ILR by deception and it may (and should) be revoked if such is the case. It could be that the man, his '2nd wife' (but I have a feeling this is his only wife in UK law) and the children will face deportation, never mind being registered as British.
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jafferdeen
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Re: Childrenfrom 2nd Wife -Registration

Post by jafferdeen » Mon Apr 28, 2014 8:26 am

Dear Amber

His both marriages held in Pakistan and both were Islamic marriages i.e Nikkah.He had never register any of his marriage in the UK.He did not hide his marriage from 1st wife and both wives know each other well
The British wife (2nd wife)sponsored him and he was given 2 years entry clearance and now he is granted ILR.
first wife also came as visitor her own she didnt mention she is married and both children were born in the UK.
they guy never mentioned about his first marriage during entry clearance & ILR.
his both children brith certificate has no father name and he will now add his name as father.
what you think.......will he be able to apply to register children as British. He dont want to show his first marriage but he will show that she is his girl friend ...will it work?
any advice please????
J Khan

Amber
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Re: Childrenfrom 2nd Wife -Registration

Post by Amber » Mon Apr 28, 2014 9:33 am

As the British wife was his 2nd marriage in Pakistan, that marriage may not be considered as legal in the UK as the British wife is domiciled here. Therefore, it would appear that he has gained ILR by deception and thus it should be revoked. The British wife can always use this against him.
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