Immigrationboards.com

Hello

You are not an EEA national, so you will be unable to use the EU Directive; you would need to apply under British Immigration law as a British Permanent Resident.

As I understand it, if you were a British Resident ( to qualify for PR) and were married, British law states you were not free to marry again.

Under British law your second marriage to your Indian wife is not valid and would probably not be recognised as legal in the UK, even if it is accepted in India as legal.

I don't know if UKBA would then also be suspicious that your marriage to the EU national was a marriage of convenience - as you married again within two years of your first wedding. Would they investigate, even though you already have PR? I don't know.

Maybe that's something you should also ask about on the British Immigration Forum.


"Polygamous marriages

A polygamous marriage is one where a man can marry more than one wife. A polygamous marriage between partners, one or both of whom are domiciled in England, Wales or Northern Ireland is not valid. The concept of ‘domicile’ is very complex and does not necessarily mean ‘living in’ a country."

Have you got a time machine?

In your post from 2010 you just got divorced in July 2010 but was not married. Now you got divorced in August 2011 but you are happily married for 4 years.

I hope you at least invited your EEA wife at the time to your second marriage back in 2007.

nonspecifics wrote: You are not an EEA national, so you will be unable to use the EU Directive; you would need to apply under British Immigration law as a British Permanent Resident.

Why not? Although he is not a EEA national, he entered the UK and got his PR under the provision of EU law. Yes, I understand why you think otherwise... but isn't it weird?

The only thing that changes upon gaining the status of Permanent Resident... or rather upon receiving Permanent residence card by nonEEA, is that the non-EEA status does not depend anymore on his/her being married to EEA citizen. But if you are correct, it does depend on his/her being married to EEA citizen because after divorce nonEEA with PR has to jump from EEA law to the domestic one.

nonspecifics wrote: Under British law your second marriage to your Indian wife is not valid and would probably not be recognised as legal in the UK, even if it is accepted in India as legal.

I remember reading about that recently. The idea was, if I remember it correctly, that the UK might recognize a polygamous marriage as legal if the country which issued the marriage certificate consider it legal. But Member States (including the UK) are under no obligation to do so. Cannot find the link.

Jambo wrote: In your post from 2010 you just got divorced in July 2010 but was not married. Now you got divorced in August 2011 but you are happily married for 4 years.

I hope you at least invited your EEA wife at the time to your second marriage back in 2007.

Yes, a little bit strange. Although the problem is rather interesting.

Jambo wrote:Have you got a time machine?

In your post from 2010 you just got divorced in July 2010 but was not married. Now you got divorced in August 2011 but you are happily married for 4 years.

I hope you at least invited your EEA wife at the time to your second marriage back in 2007.

Touché

Here is that post which the OP chose to delete.

ahmedrz wrote:Hi i will be really thanks full if somebody helps me
i have got a PR in March divorced in July, my question is as i got this PR through my EEA partner does it will be valid after the divorce or i have to apply for my own grounds, second if i want to marry again and get my partner from out of EEA country ,what i have to do? How can i apply for my partner to get him here does this PR will be Ok, please help me regarding this.

Nimitta wrote:I remember reading about that recently. The idea was, if I remember it correctly, that the UK might recognize a polygamous marriage as legal if the country which issued the marriage certificate consider it legal. But Member States (including the UK) are under no obligation to do so. Cannot find the link.

We had a very similar story here recently... http://www.immigrationboards.com/viewtopic.php?p=523439

86ti wrote: We had a very similar story here recently... http://www.immigrationboards.com/viewtopic.php?p=523439

Yes! This is the one I meant! Thank you.