polygamous marriage annd eea family permit

hallo · Post by **hallo** » Wed Aug 01, 2012 7:04 pm

hello all

any one with experience can help me in my difficult situation as follow

. 1-i am Muslim and i have double nationality eea and non-eea.
.2-in my origin muslim country(non-eea) i have my muslim wife (who isnot eea citizen).

.3-in the ee country i am already divorced through the Islamic divorce (talak)from my ex European wife but my divorce cant be recognized by the civil register so i result still married with her only in her country but my divorce is recognized and registered in my Muslim country.

4-now i am living and working in the uk as eea national and i want to apply for eea family permit for my Muslim wife in my origin country?

my wife has the right or no for eea fp?

which conditions or articles of law permits the polygamous?and how it will be in my situation?

please help

thanks

John · Post by **John** » Wed Aug 01, 2012 7:16 pm

Which wife did you marry first?

hallo · Post by **hallo** » Wed Aug 01, 2012 8:33 pm

thanks john

i know that its strange situation but i hope to get advise from this forum

the european wife was first.then i make talak and register this divorce talak in my non eea country only then i married the second wife.

hallo · Post by **hallo** » Wed Aug 01, 2012 9:39 pm

hallo

any comments or advise please? i just we to know that its ok to apply with family permit? if no why?

or just i make the application and see the opinion of eco?

thanks

Directive/2004/38/EC · Post by **Directive/2004/38/EC** » Wed Aug 01, 2012 11:15 pm

How did you marry your first wife and where?
How did you divorce with your first wife and where?

hallo · Post by **hallo** » Wed Aug 01, 2012 11:39 pm

1-i married my European wife in my origin Muslim country on the basic of Islamic rules,that written in our marriage contract that i can be polygamous,then this contract legalized by her consult in my origin country and registered in her office of civil register.

2- the divorce happened with our presence(both of us agreed on divorce,talak) and two testimony in my consulate in her country.then this divorce sentence was sent to my civil register office in origin country and its recognized registered.

but in her country they didn't accept this sentence

so in my origin country i result divorced but in her country we still married?

hallo · Post by **hallo** » Wed Aug 01, 2012 11:45 pm

the same way of marriage (islamic) me and her and two testimony,
is the same way for divorce me and her and 2 testimony

only marriage was registered but the divorce no??

i need help please if this not affect on the application for my second wife to get f p from my origin country, so i dont care about the register of divoce in her country which is my second country also??

zubby007 · Post by **zubby007** » Thu Aug 02, 2012 12:03 am

[quote="hallo"]the same way of marriage (islamic) me and her and two testimony,
is the same way for divorce me and her and 2 testimony

only marriage was registered but the divorce no??

i need help please if this not affect on the application for my second wife to get f p from my origin country, so i dont care about the register of divoce in her country which is my second country also??[/quote]

It is simple as that you need to Officially DIVORCE your first EU wife before marry any.

Directive/2004/38/EC · Post by **Directive/2004/38/EC** » Thu Aug 02, 2012 12:04 am

hallo wrote:2- the divorce happened with our presence(both of us agreed on divorce,talak) and two testimony in my consulate in her country.then this divorce sentence was sent to my civil register office in origin country and its recognized registered.

but in her country they didn't accept this sentence

Why do you say they didn't accept it? Even after being done through the embassy? What exactly did they say?

hallo · Post by **hallo** » Thu Aug 02, 2012 7:14 pm

they said that they cant register the divorce sentence done through the embassy.

as agreement between my origin country and the European country( any divorce sentence must be confirmed by the family court before to accept the registration in this European country..which will take nearly 2 years to get sentence.

i need just reply, if i apply for the family permit for my wife,without telling anything about my previous marriage, what will happen?

did the UKBA need to check my family status in my European country before to give family permit?

anyone can tell me how they will deal with the family permit? they give the f p on the basis of the document that i applied or they make ulterior control??

thanks for all

hallo · Post by **hallo** » Thu Aug 02, 2012 9:34 pm

any comments or answers to my enquirers?

Directive/2004/38/EC · Post by **Directive/2004/38/EC** » Thu Aug 02, 2012 11:35 pm

Since you have been vague about information and are not being very patient, I suspect you may not find your answer here.

hallo · Post by **hallo** » Fri Aug 03, 2012 8:51 am

sorry if i asked a lot of questions,and trying to get any answers,
just because i booked an appointment to apply for family permit, and the time run ,and if anyone can help me to clear my legal situation, it will be better than i apply then the application will be refused for the reasons that i mentioned it before.

thanks and i hope that you understand my point of view

John · Post by **John** » Fri Aug 03, 2012 9:02 am

hallo, you have got an answer, but suspect you do not like the answer.

the divorce happened with our presence(both of us agreed on divorce,talak) and two testimony in my consulate in her country

Therein lies the problem! It comes down to, does her country recognise the divorce?

This is nothing about your religion but simply about divorce law of the country in which the so-called divorce took place.

For example, my wife and I married in Thailand, and that marriage is fully recognised by the UK as a legal marriage. We could if we wanted to (which we do not!) go to the Thai Embassy in London and register a divorce, and such divorce would be fully recognised by the Thai Government. However would the UK recognise that divorce? Well no, simply because it does not comply with UK divorce law.

Strong recommendation ...... before getting divorced in an embassy or consulate, don't ..... well certainly not before getting legal advice about whether and where such divorce would be recognised.

hallo · Post by **hallo** » Fri Aug 03, 2012 11:21 pm

hello john

her country doesn't recognized divorce made in the embassy.and for divorce i must follow the law for her country(which means we must do separation and after three years we get the final divorce.

but whats important now for me is my second marriage in my origin country is recognized in the uk?or no?

and if its recognized by the u k, so i can apply for the family permit regardless i have another wife in my second european country?
i see that its important that in the uk i will be living and married with only one wife? is this right how i understand? i just need someone confirm me thats right....

thanks of all

stetois · Post by **stetois** » Fri Aug 03, 2012 11:38 pm

hallo wrote:hello john

her country doesn't recognized divorce made in the embassy.and for divorce i must follow the law for her country(which means we must do separation and after three years we get the final divorce.

but whats important now for me is my second marriage in my origin country is recognized in the uk?or no?

and if its recognized by the u k, so i can apply for the family permit regardless i have another wife in my second european country?
i see that its important that in the uk i will be living and married with only one wife? is this right how i understand? i just need someone confirm me thats right....

thanks of all

i dont think you will get the answers here as your problem is about divorce not immigration. the best way for you is to seek a divorce lawyer to see if your divorce is valid in the UK or you can phone the general registrar office to see if your kind of divorce is valid in the UK. U DONT HAVE TO DISCLOSE YOUR IDENTITY.

Directive/2004/38/EC · Post by **Directive/2004/38/EC** » Sat Aug 04, 2012 12:14 am

Did your first wife live with you in the UK as the family member of an EU citizen?
Is she still in the UK?

hallo · Post by **hallo** » Sat Aug 04, 2012 12:22 am

thanks for your opinion

but my problem its not about divorce..as i know how to get the divorce sentence. and how to proceed.

only what i want to to know now is a matter of immigration.

if my second marriage and my divorce from the first wife is recognized in my origin country regardless if i am married or not in another country...my wife can apply for eea family permit??

i need just answer for this

Directive/2004/38/EC · Post by **Directive/2004/38/EC** » Sat Aug 04, 2012 12:29 am

I think the point you are missing is that your family situation matters to whether your second wife can get an EEA Family Permit.

John · Post by **John** » Sat Aug 04, 2012 6:15 am

if my second marriage and my divorce from the first wife is recognized in my origin country regardless if i am married or not in another country...my wife can apply for eea family permit??

i need just answer for this

You have already had an answer! You clearly do not like the "no" answer.

hallo · Post by **hallo** » Sat Aug 04, 2012 9:00 am

thanks directive/2004/38/ec

(I think the point you are missing is that your family situation matters to whether your second wife can get an EEA Family Permit.)

ooooh that all what i am looking for, and i hope to find an answer .

any help here to find an answer....or as john says (no answer)

thanks

John · Post by **John** » Sat Aug 04, 2012 5:40 pm

This UKBA document is rather pertinent to the UKBA attitude to this matter.

hallo · Post by **hallo** » Sat Aug 04, 2012 11:23 pm

thanks john

i read the attached document of ukba. and i applied it on my situation.

now if i dont mistake,i understand that my second wife has the right to apply for family permit.

thanks

hallo · Post by **hallo** » Mon Aug 06, 2012 11:31 pm

sorry for all our moderators but its my last question

as i am married in one European country and if i marry for the second time in the same country and register the second marriage without divorce the first wife ,i know that i will be accused with polygamous...

but in case that i register my second marriage in another European country which isn't the same country where still registered my first marriage....its consider also polygamous?

please any opinion or advise?

thanks

John · Post by **John** » Tue Aug 07, 2012 6:45 am

It sounds like bigamy to me! And if the second European country is the UK it would also be perjury, because when given the needed Notice of Intention to Marry, you are certifying that you are free to marry, which indeed you would not be.

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polygamous marriage annd eea family permit

polygamous marriage annd eea family permit