Islamic marriage, British Child, British dad, filipino mum

glace81 · Post by **glace81** » Sat May 23, 2009 7:21 am

Hi I am a filipino, married to a British citizen. Our marriage took place in Philippines as per Islamic rites. My husband's first wife, who stayed in U.K. left to India way back in 2003. We have a one year old son born in Philippines acquired British citizen ship having own British passport. My husband is not divorced to his first wife. Polygamy is allowed in Philippines. In the past 6 years my husband visited Philippines to meet me 14 times, he visited India once to see his three kids who also live in India. His first wife would not give him a divorce. In 2008 i visited U.K thrice on a visitors visa with my son. I applied settlement visa in December 2008, which was refused by the entry clearance officer in May 2009. We would like to appeal against the decision. Do we have any strong stand in the appealing process. My husband is British, my one year old son is British and I am filipino. Where do we stand in the appealing process of this settlement visa. I know Polygamy is illegal in the U.K. Our marriage took place in Philippines where it is acknowledged and marriage certificate issued. Do I have the right to live in the U.K based upon the British citizen ship of my son. Do my son has a right to live in U.K along with his mum. Why do not Home office recognise our marriage, inspite of the fact that his first wife has left to india 6 years ago and she is living in India. What should be our grounds to defend our case in this settlement visa refusal
Your views and help is highly appreciated
Glace81

meats · Post by **meats** » Sat May 23, 2009 8:03 am

glace81 wrote:I know Polygamy is illegal in the U.K.

glace81 wrote:Why do not Home office recognise our marriage, inspite of the fact that his first wife has left to india 6 years ago and she is living in India.

glace81 wrote:His first wife would not give him a divorce.

You have answered your question pretty well i think already. Your son if he has a British passport can stay in the UK, you on the other hand won't be able to until your husband divorces his first wife. I wouldn't bother appealing the refusal as it will have the same outcome.

John · Post by **John** » Sat May 23, 2009 9:43 am

glace81, I recommend that you download this UKBA document and have a very good read of it. In particular read 6 on page 4.

Until your husband is divorced from his first wife there is no hope of you getting a UK spouse visa. But also read 8 on page 5 which mentions a "divorce of convenience", which might be pertinent if your husband still has a relationship with his first wife.

Wanderer · Post by **Wanderer** » Sat May 23, 2009 10:20 am

glace81 wrote:Why do not Home office recognise our marriage, inspite of the fact that his first wife has left to india 6 years ago and she is living in India. What should be our grounds to defend our case in this settlement visa refusal
Your views and help is highly appreciated
Glace81

Because it's illegal, immoral and outmoded?

glace81 · Post by **glace81** » Sat May 23, 2009 12:29 pm

My husband's first wife currently doesnot have any valid visa to enter the U.K. She never entered U.K on a settlement visa. My husband was on a student visa, during her stay in the U.K. She left in the year 2003. My husband is British, but he never sponsored her for the settlement visa. This is the first settlement visa he has undertaken. I read that in a polygamous marriage, at any time only one wife will be allowed to stay and live in the U.K.
Also if my husband were to bring up my British son on his own in the U.K., I heard that I can apply for a CONTACT ORDER from the court in U.K to access my son and this CONTACT ORDER issued by the British court automatically supercedes the Home office and it will force them to give me a settlement visa. Am I right.
My husband is in a stable job, which enables him to support an application for a living nanny. Whether I can join him in the U.K, as a nanny to look after my son.
I had been to U.K thrice on a visitor's visa. Whether I will be still be able to go and visit my husband along with my son on a visitor's visa.
Any suggestions or opinions in this regard are greatly appreciated
I thank all of you, for your contribution in this topic
thanks glace81

John · Post by **John** » Sat May 23, 2009 1:22 pm

Earlier you posted :-

His first wife would not give him a divorce.

-: to which I say, so? That does not stop your husband issuing a divorce petition against her. The question then is, if he did that, would she defend it, and indeed if she did defend it, would she succeed.

I seriously suggest that your husband sees a Family Law solicitor and takes advice about issuing a divorce petition in the UK courts.

You posted :-

My husband's first wife, who stayed in U.K. left to India way back in 2003.

-: which to me sounds like desertion, which could be used as the ground upon which he would issue the divorce petition.

glace81 · Post by **glace81** » Sat May 23, 2009 3:20 pm

Thanks John for your reply
My husband has three kids from his first wife in India. My husband, his dad and her family provide the necessary financial maintenance for the kids. Divorce is a big social stigma in their family in India and they have obligations towards their family elders. Hence it could not be forced upon by either parties. My husband's three kids from his first marriage does not want to know anything about my 1 year old son. My husband also supports my 9 years old son from my previous marriage to a filipino who abandoned and deserted me, soon after the birth of my first son. I was single mum for several years before i met my husband.I got annulled from my first marriage and remarried in the year 2005. My husband currently has the responsibility of total of 5 kids. Since the year 2003, he has been living on his own in the U.K.
Can I exercise the alternate route of obtaining a CONTACT ORDER in order to access my son in U.K. My son, if he were to live in U.K., can he provide me the necessary rights to join him.
Can anybody recommend a very good lawyer who is good at both IMMIGRATION and FAMILY LAW

thanks
glace81

glace81 · Post by **glace81** » Sat May 23, 2009 3:44 pm

My husband came to U.K on an Indian passport on a student visa. His first wife joined him on a dependent visa. She left to India in 2003. My husband later got naturalised as British in the year June 2006. I am the only wife for whom my husband is sponsoring a settlement visa. Before his first wife left to India in the year 2003, she was only on a dependent visa and my husband was on a student visa. Is this additional information can in any way help
thanks
glace81

glace81 · Post by **glace81** » Sat May 23, 2009 3:52 pm

My husband's first wife was in the UK on a student dependent visa, while my husband was on a student visa. She never got ILR. She left in the year 2003.My husband got naturalised as British citizen in the year 2006
thanks
glace81

meats · Post by **meats** » Sat May 23, 2009 9:07 pm

glace81 wrote:My husband's first wife was in the UK on a student dependent visa, while my husband was on a student visa. She never got ILR. She left in the year 2003.My husband got naturalised as British citizen in the year 2006
thanks
glace81

Until your husband divorces his first wife you can't come on a spouse visa or get settlement as he is already married to an Indian girl. The marriage with you is not recognised in the UK as he is currently married to the Indian and you're only legally allowed one husband/wife here.

Regarding contact order you mentioned, i believe that if you were to get that you cannot live with your 'husband', you must have enough funds to support yourself and child, which includes paying rent, bills etc.

Social stigma or not, you're not going to get very far until he divorces his first wife.

prettypolitical · Post by **prettypolitical** » Fri Jun 05, 2009 1:50 pm

Hi, Glace

Heres what your hubby needs to do to get a divorce when partener overseas!!!!

1 - go to a solicitor and explain situation

2 - the solicitor will prepare documents to send to court in the uk, advising that his wife is oversea's etc etc,

3 - the judge will then advise solicitor to send the first set of documents to be signed ie decree isi to his wife.

4 - making sure all avenues are made to contact her, so he must supply all addresses she is known at etc

5 - this will proceed like a normal divorce

6 - when it goes back to court for the decree absolute, then the judge will decide that she has not responded and therefore grant the divorce.

7 - they will also take into consideration any land that is jointly owned, possessions and the children.

It really is that simple I have had personal experience and if he is serious then he will acheive this!!!

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Islamic marriage, British Child, British dad, filipino mum