Spouse visa

I have recently received my ILR and want to call my husband over. He has had 2 visit visa rejections in the past. WOuld this affect his application? He has been separated from his first wife but we have no legal documents to prove this. One of the rejections was because of this. We have our marriage certificate as we married in Dubai. He works there now and holds an Iranian passport. Any advice? I meet all the other criteria.

Visit visa refusal won't affect spouse visa if declared honestly. But HO doesn't recognize a marriage where either of the partner isn't legally divorced when remarrying anywhere in world regardless the said country allows polygamy

Amin2212 wrote: ↑

Thu Aug 29, 2019 7:28 pm

I have recently received my ILR and want to call my husband over. He has had 2 visit visa rejections in the past. WOuld this affect his application? He has been separated from his first wife but we have no legal documents to prove this. One of the rejections was because of this. We have our marriage certificate as we married in Dubai. He works there now and holds an Iranian passport. Any advice? I meet all the other criteria.

Just for clarification: You are his second wife and he did not (legally) divorce his first wife prior to your marriage?

If that is the case, he will not qualify for a spouse visa as polygamy is not recognised in the UK and he was not free to marry at the time of your marriage. This means you would not be recognised as his wife. He would need to sort out a divorce (not just a separation) from his first wife before he could apply for a fiance visa (as your marriage would still not be recognised as it happened while he was still married.

Does this mean that he has to get a legal document and then we need to remarry. His marriage and divorce was done islamically. Neither one at the courts. When we married it was a court marriage.

Amin2212 wrote: ↑

Thu Aug 29, 2019 7:46 pm

Does this mean that he has to get a legal document and then we need to remarry. His marriage and divorce was done islamically. Neither one at the courts. When we married it was a court marriage.

If his previous marriage was the reason for a previous refusal (which has to be declared), then I would suggest that UKVI considered it legal...

Obviously, you are going to drip feed further information... but if this issue was a problem before it will be a problem again.

Amin2212 wrote: ↑

Thu Aug 29, 2019 7:46 pm

Does this mean that he has to get a legal document and then we need to remarry.

Probably yes

Amin2212 wrote: ↑

Thu Aug 29, 2019 7:46 pm

His marriage and divorce was done islamically. Neither one at the courts.

If that was happened in Islamic country then it was a legal marriage which should be divorced in legal way too. Both should be done and registered with relevant competent authority such as local union council/registry office

Its 5 long years I waited to get my husband here. Now I will.have to wait till all this paperwork is sorted. When I appealed the visit Visa judge commented that he has no doubt our relationship is genuine. Surely that could be included in the paperwork.

Amin2212 wrote: ↑

Thu Aug 29, 2019 8:13 pm

When I appealed the visit Visa judge commented that he has no doubt our relationship is genuine. Surely that could be included in the paperwork.

It won't override the requirement that both partners need to be free when remarrying. Several refusals you can see in same forum where either/both were not free to remarry.

Is there any way I can get my husband here without formal documentation of divorce from his first wife. Divorce was done islamically not formally. We were married abroad at courts.

He is required to submit evidence that he was free to marry you. Standard and mandatory requirement if either or both partners were previously married.

What evidence can that include?

Amin2212 wrote: ↑

Mon Sep 02, 2019 7:58 pm

What evidence can that include?

divorce certificate