Second marriage with out English divorce

Neshi wrote: ↑

Sun May 19, 2019 2:15 pm

Hi,
I want to know plz regarding my Visa. My husband is UK citizen by birth I'm his second wife as we got married in Pakistan after one year of his first divorce but when we plan to apply spouse Visa someone told us to go for UK divorce first because his first wife was also UK citizen. So now divorce is in process as it's taking so long. We planned to apply visit Visa for me so we can see each other while divorce is in process but it's refused as I mentioned single because in UK law our marriage are not legal. And I didn't mention any relation with him in application. So after English divorce which option will be better for us plz any suggestions as we don't want to refused Visa again.
Thanks

Jhelumi wrote: ↑

Sun May 19, 2019 6:57 pm

Hello,

If your marriage is legal in Pakistan then it's automatically also legal in the UK. The same applies for divorce.

You should not have told the Home Office you were single when you were in fact married.

You now need to apply for a spouse settlement visa if you plan to live with your husband in the UK.

Also, what exactly is the wording in the refusal letter because I am wondering how did Home Office find out you were married when you told them you were single?

Jhelumi wrote: ↑

Sun May 19, 2019 7:23 pm

Jhelumi wrote: ↑

Sun May 19, 2019 6:57 pm

Hello,

If your marriage is legal in Pakistan then it's automatically also legal in the UK. The same applies for divorce.

You should not have told the Home Office you were single when you were in fact married.

You now need to apply for a spouse settlement visa if you plan to live with your husband in the UK.

Also, what exactly is the wording in the refusal letter because I am wondering how did Home Office find out you were married when you told them you were single?

The alternative is you can apply for a Family Permit which lasts up to 6 months if you only wish to stay with your husband for a short period of time.

Casa wrote: ↑

Sun May 19, 2019 7:30 pm

Jhelumi wrote: ↑

Sun May 19, 2019 7:23 pm

The alternative is you can apply for a Family Permit which lasts up to 6 months if you only wish to stay with your husband for a short period of time.

The OP doesn't qualify for a Family Permit under EEA Regulations as her husband is British.

Casa wrote: ↑

Sun May 19, 2019 7:42 pm

I don't believe the divorce in Pakistan will recognised under British law, due to both husband and wife holding British nationality. (The husband from birth).

"- the foreign order must be valid under the law of the country in which it was obtained as per the talaq in Quazi
- at the date at which recognition of the foreign order is sought, either of the parties was habitually resident, domiciled or a national of the country in which the foreign order was obtained"
AND
- at the date the foreign order was obtained each party was domiciled in the country in which the order was obtained, or one party was domiciled in that country (according to the laws in the country in which the order was obtained) and the other domiciled in a country under whose law the foreign order is recognised as valid; and
-neither party was habitually resident in the UK during a period of one year immediately preceding the date of the foreign order

Neshi wrote: ↑

Sun May 19, 2019 9:15 pm

My husband and her ex both are UK citizen by birth they got married in Pakistan and divorced in UK under Islamic law. I couldn't mention in my application as many people said if I will mention and will write my husband detail he will get in trouble as he applied for English divorce