ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Spouse settlement visa rejected

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Locked
namastelondon
Member
Posts: 133
Joined: Sun Feb 17, 2008 2:33 pm
Location: Hitchin
Contact:

Spouse settlement visa rejected

Post by namastelondon » Sat May 03, 2008 6:05 pm

Hi
I am writing this on behalf of my cousin. He applied for settlement visa for his wife and it got rejected. I will explain you the scenario in detail and i require your guidance to help him.

He is a british citizen and was married to a white women. He applied for divorce but it took some time to clear. He got divorced on 13/09/2007 but due to family pressure and due to his age(getting old) , he got married to indian women in 2005 before getting divorced. He has a kid also with indian wife and kid was born in 2006.

He applied for settlement visa in Feb 2008 and it got rejected.
The EC officer rejected his application stating that ur marriage is not valid as u were lawfully married to ur first wife and visa was rejected on paragraph 281.

Please let me know how to help him in this matter as i have seen him losing lot of money in all this process and being uneducated , the advocates are also making lot of money.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Post by Wanderer » Sat May 03, 2008 7:52 pm

Christ, he's a bigamist, how can he be helped, he might go to jail....
An chéad stad eile Stáisiún Uí Chonghaile....

namastelondon
Member
Posts: 133
Joined: Sun Feb 17, 2008 2:33 pm
Location: Hitchin
Contact:

Post by namastelondon » Sat May 03, 2008 9:11 pm

Actually he had filed for divorce in 2003 and they were seperate from last 4 years.I know it is not valid but i feel there shud be some way to sort this one. Shud he get marry to indian bride again to be lawfully married again.

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Sat May 03, 2008 10:03 pm

Shud he get marry to indian bride again to be lawfully married again.
This is pretty basic! In order to get a spouse visa you have to be married! So yes, he really does need to enter into a legally valid marriage.
John

gollywood
Member of Standing
Posts: 349
Joined: Sun Feb 17, 2008 9:30 pm

Post by gollywood » Sat May 03, 2008 10:38 pm

Sadly, he is a bigamist. If he had to cave into 'Family pressure , age & culture', then he shouldnt be surprised with the outcome.

The correct outcome.

namastelondon
Member
Posts: 133
Joined: Sun Feb 17, 2008 2:33 pm
Location: Hitchin
Contact:

Post by namastelondon » Sat May 03, 2008 10:57 pm

I am not surprised but he is low in confidence. He doesn't know much about process and is used by lawyers.

blessedlady
Newbie
Posts: 33
Joined: Sun Feb 04, 2007 8:04 pm

Re: Spouse settlement visa rejected

Post by blessedlady » Sun May 04, 2008 7:33 am

I have a friend who almost the same situation as your cousins, infact it was worst. The ECO found out that my friend was legally married to her 1st husband, so the visa application for his present husband was rejected. The solicitor advised to file a divorced for his first husband and for the second she apply to nullify her marriage (NULL and VOID). At the same time. So when the certificate was issued, New application was submitted in the Embassy.

Good luck



namastelondon wrote:Hi
I am writing this on behalf of my cousin. He applied for settlement visa for his wife and it got rejected. I will explain you the scenario in detail and i require your guidance to help him.

He is a british citizen and was married to a white women. He applied for divorce but it took some time to clear. He got divorced on 13/09/2007 but due to family pressure and due to his age(getting old) , he got married to indian women in 2005 before getting divorced. He has a kid also with indian wife and kid was born in 2006.

He applied for settlement visa in Feb 2008 and it got rejected.
The EC officer rejected his application stating that ur marriage is not valid as u were lawfully married to ur first wife and visa was rejected on paragraph 281.

Please let me know how to help him in this matter as i have seen him losing lot of money in all this process and being uneducated , the advocates are also making lot of money.

User avatar
Frontier Mole
Respected Guru
Posts: 4364
Joined: Mon May 05, 2008 11:03 pm

Post by Frontier Mole » Mon May 12, 2008 10:16 am

I doubt re-marrying the same person will make a difference. The record will show it is the same position with different dates. The ECO is not going to change their mind - I bet they will even ask for the divorce papers for the second marriage!

An illeagal act is an illegal act and history can not be changed, I hold little hope that the spouse visa will be granted.

Locked
cron