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Polygamous marriages contracted overseas can only be valid in the UK if neither party was domiciled in England and Wales (S.11(d) of the Matrimonial Clauses Act 1973 refers) or another part of the UK.
To decide whether a polygamous marriage is valid the following questions must be asked:
The decision to be made is whether the polygamous marriage ceremony complied with the laws of that country. For example, while Nigerian custom law permits polygamous marriages, a second polygamous marriage would not be valid if the man’s first marriage had been to a woman under Nigerian Civil Law. Overall, polygamous marriage will not be considered valid in the UK if either party was domiciled in the UK when the marriage took place. The marriage must have taken place in a country where both parties were resident and polygamous marriages are lawful.
- did both parties have the personal capacity to enter into the marriage? (personal capacity includes such issues as whether the parties were of the necessary age to marry, whether they have the mental capacity, and whether or not the parties were within the prohibited degrees of relationship (that is not too closely related))
- is it valid under the laws of the country in which it was celebrated?
Local overseas posts are best placed to determine whether a particular marriage is valid under the laws of the country in which it was celebrated.
Ignoring the legality of the marriage, polygamous marriages conducted abroad cannot confer an immigration benefit.
Your first wife, the British citizen, either is or has been in the UK in order to be able to sponsor your settled status. Therefore, unless the first marriage is ended, ideally by a divorce in the UK courts ("The ECO should be wary of death and divorce certificates in such circumstances, especially where talaq or customary laws are involved", from the same link above), you can't sponsor the second wife.In accordance with paragraph 278, entry clearance should be refused if the woman’s husband has another wife living who:
- is or, at any time since her marriage to the husband, has been in the UK;
The Case Worker will be familiar with this situation. I've suggested that the fiance visa may be the best option as the alternative would be to divorce your second wife in Pakistan and remarry there before submitting spouse and dependent child visa applications.
Yes, if you meet all the standard requirements; income, adequate accommodation, English A1 test for your fiance (wife) etc.
There is no such law in Pakistan that the woman can't remarry ex husband after first divorce!!! she can NOT remarry ex husband if he divorces her 3 times, first divorce then remarry again, second divorce and remarry for second time , third divorce and she's prohibited from marrying him . He can only remarry her if she got married to another man and marriage was genius but for some circumstances divorce happened between them and she's free again to marry. In this case her first ex husband who divorced her 3 times can ask her to remarry him if she wants.Yahaya wrote: ↑Sat Mar 20, 2021 11:16 pmThis divorce have to be officially and in Pakistsn law after divorce women cant marry same guy until she marry first another guy and he divorce her then she officially can marry same guy.
And on spouse visa they will question me about marrying her 2 years a go and where son came from?
Do I actually have a solid chance to get them here?
As you mentioned lately lots of people contacted for help to this group some of them actually get successful?