EE2 application refused as partner was already married

[rescue_ee2]

i applied for a EE2 application as was in a relationship with my partner since 2012, but it was refused as she was already married. now appeal has been done and the divorce been filed. is there is any possibility that judge will consider this again after she is divorced. she is sepearated from her partner since 2 yrs and left him after 5 mnths of marrige. he never gave her divorce and threaten her too. no atlast the divorce is been filed and waiting for that to be completed. he married somebody else back home too, so that he can bring her to uk on his dependent visa.

nothing to do anything with him, but we have been through bad phase and just want to finish this now.

will there be any chance that if prove to judge/HO that this marriage is not for convenience and is genuine.

[fatimahh]

Hi - sorry to hear about your situation. Could you please clarify, do you mean you got marriage to your partner without her having divorce or did you apply as just partner of an EEA national subject to 2 year long relationship?

[rescue_ee2]

hi we got married last year before she got divorced. her partner was not giving her divorce since 2 years. we thought that ukba will consider our application and will give the residence card, but no they refused it saying that she was already married and your marriage is only for conveneince. now she applied for divorce and i appeal against the HO decision. my lawyer said that the hearing will be after 3 months, most probably and hope that till then she will get her divorce. but i am just curious, if in any case she get the divorce sorted out till my hearing or atleast get the decree nisi, is there is any chance that judge will consider my appeal.

[Casa]

Your marriage wouldn't have been legally recognised in the UK. How did you manage to marry when your partner hadn't divorced? The appeal is unlikely to success as the UKBA were correct in their decision. An appeal judge won't consider anything that wasn't in the original application.
What nationality is your partner and where are you both living now?

[rescue_ee2]

we are in uk. i am indian and she is indian origin french. our marriage is registered in france as she never registered her 1st marriage in her home country and i was unmarried so its registered in india and france both. we have sent the french marriage certificate (translated in english). according to eea law i am her partner and according to her country too. her first marriage was registered in uk only. so even after she get the divorce, can't i get my residence card as my visa will expire this month and we applied the aapilcation in feb 14. HO have retained my passport and advise me to leave after my visa finishes. i have my schenegan visa on my passport for france till july, which i can get later also if i am not wrong from embassy as i am spouse of a french citizen. the HO refused our application just because she was married and havn't divorced her earlier partner as she performed a bigamy according to UK law. they gave me the right to appeal under the EEA 2006 regulations and Asylum.

[Wanderer]

I think you should concentrate on resolving the bigamy issue as this can attract a jail term of up to 10 years.

[Amber]

The tribunal can consider matters arising after the application decision: section 85 Nationality, Immigration and Asylum Act 2002. However, you should try and show the relationship is genuine and also address the issue of committing a criminal offence if you married when you did not have the right to do so. That marriage can and should be annulled.

[rescue_ee2]

what are the details or paperwork require to prove that our relation is genuine as we moved into a same house in december 2013 and was married in october but now we have rented a house and have all the bills with both the names on it.if in any case she get her divorce sorted out before my hearing, can i apply for a fresh application or should i have to wait for the hearing. if the 1st tribunal refuses to approve my entry clearence, how much time will i have to return and how can i get my Passport back. i am already mentally prepared to leave but was thinking if in any case she get the divorce sorted out before my hearing, will it be any chance after that. otherwise as it's a genuine relation and we love each other a lot, will re-locate somewhere else as according to french government we are married and i am her spouse. so i can apply for dependent visa for other country too, if i am not wrong. only thing she is upset, because of her X partner which used her to get the entry clearence visa in UK, who married back home this year and will bring his wife here. is there is any way by which she can get his visa cancelled as she is not leaving with him since last 2 years and will not support his application obvisously in future.

[fatimahh]

Very strange situation, so her ex also maried without being initialy divorce
please focus on Wanderer advise, and withdraw the appeal as it is bond to fail. None of your "spouse" and Ex partner obviouly advise the french (or relevant) authorities that they were already married before entering into another marriage, and this is ILLEGAL!
Please note the Frech law below:
"Monogamie

[u]Aucun des futurs époux ne doit être déjà marié, que ce soit au regard de la loi française ou d'une loi étrangère.[/u]
Par contre, chaque futur époux peut être déjà engagé par un Pacs, qu'il soit ou non conclu avec l'autre futur époux.

Chaque futur époux peut aussi être veuf ou veuve.

[u]Attention : Une personne en instance de divorce ou simplement séparée de corps est considérée comme encore mariée.[/u]

[fatimahh]

Sorry tried to underline the important point but it did not work. hope your wife speak french so she can translate if you don't.

[rescue_ee2]

hello everyone

Writing after a long…I would like to inform you that after getting my first refusal on EEA RC application, we attended a hearing and was asked to reapply again under 2 yrs relationship point, we did. later we decided to go back and I withdraw the application and left UK voluntarily. One year finished and back here in London again.

I stayed in Europe for a year got my residence card there and flew to London on 13/11/2015. I was detained at the airport and was in the detention for nearly 24 hrs. Long story short:

1. I came to uk with residence card stating Family Member of EU National ( article 10) which is recognised by UK now since 6 May 2015.
2. My wife got decree absolut in march 2015

so what UKBA said,
1. according to them i was overstayer whole my application was ongoing last year
2. they are not accepting the EU residence card as I got it on status of a Spouse of EU national, on which they are not recognising our marriage (2013) as it was before my wife got divorced.

So now the scene, they initially denied me entry and asked me to leave. they even booked the flight for me, but i was given a appeal option which i initially refused. later i discussed with my wife and informed them that i want to appeal. As i was at airport, a officer arrived and asked why i dnt want to go….had 3 interviews with me and 2 with my wife and later gave me temporary admission with IS96 form ( anytime detention). I was asked to call on 27th, i did and they advised me that it is extended for another 2 weeks.
But today i received a call from UKBA and have asked me to come for interview

I would like to know they, will they send me back or would detain me?

before replying, I have EU residence card ( Family Member of EU national). this card is recognisable in whole Europe, other countries too, but not in UK as according to UK my wife did a bigamy as she was registered as married in UK till march this year and got married in her home country where she was not registered as married (i.e polygamy in EU state) and because of that I got EU residence card.
We are together since 2012.

replies appreciated….

[noajthan]

hello everyone

Writing after a long…I would like to inform you that after getting my first refusal on EEA RC application, we attended a hearing and was asked to reapply again under 2 yrs relationship point, we did. later we decided to go back and I withdraw the application and left UK voluntarily. One year finished and back here in London again.

I stayed in Europe for a year got my residence card there and flew to London on 13/11/2015. I was detained at the airport and was in the detention for nearly 24 hrs. Long story short:

1. I came to uk with residence card stating Family Member of EU National ( article 10) which is recognised by UK now since 6 May 2015.
2. My wife got decree absolut in march 2015

so what UKBA said,
1. according to them i was overstayer whole my application was ongoing last year
2. they are not accepting the EU residence card as I got it on status of a Spouse of EU national, on which they are not recognising our marriage (2013) as it was before my wife got divorced.

So now the scene, they initially denied me entry and asked me to leave. they even booked the flight for me, but i was given a appeal option which i initially refused. later i discussed with my wife and informed them that i want to appeal. As i was at airport, a officer arrived and asked why i dnt want to go….had 3 interviews with me and 2 with my wife and later gave me temporary admission with IS96 form ( anytime detention). I was asked to call on 27th, i did and they advised me that it is extended for another 2 weeks.
But today i received a call from UKBA and have asked me to come for interview

I would like to know they, will they send me back or would detain me?

before replying, I have EU residence card ( Family Member of EU national). this card is recognisable in whole Europe, other countries too, but not in UK as according to UK my wife did a bigamy as she was registered as married in UK till march this year and got married in her home country where she was not registered as married (i.e polygamy in EU state) and because of that I got EU residence card.
We are together since 2012.

replies appreciated….

There is no easy way to discuss this matter so kindly be aware my reply is not intended to cause any offence.

Just because the lady is finally now divorced from her 1st husband does not legitimise your marriage to her.
I cannot understand how you can be registered or recognised as being a legally married man & wife as she was not free to marry you.
The lady has committed bigamy by contracting the second marriage before divorcing first husband.

The UK does not (except in special situations) recognise polygamy;
anyway the type of marriage you have contracted appears to be with a bigamist.
It is not a polyandry with a 'polygamous' woman.

Have steps been taken to address the question of bigamy (as you were advised previously)?
- eea-route-applications/ee2-application- ... l#p1029313

How could you get a RC (as a family member) somewhere in Europe except by suppressing the fact of the bigamy and what appears to be an illegitimate marriage?

This guidance covers the conditions for entry & refusal of entry of EEA nationals into UK:
https://www.whatdotheyknow.com/request/ ... ionals.pdf

In terms of a relationship of over 2 years that is akin to marriage, It may be that you are by now the unmarried partner of an EEA national.
But you appear to have obtained a RC on the basis of marriage.

The UK officials appear to be justified in not recognising the Article 10 RC (and your status as a family member of an EEA national) as it appears to have been obtained in questionable circumstances.

Where the passenger makes reference to the EEA family permit or to his rights as a family member the case must be refused under EEA Regulations with an in-country right of appeal

[Obie]

Was the lady married to another person at the time of your marriage?

Is there another divorce certificate from overseas?

[Casa]

Was the lady married to another person at the time of your marriage?

Is there another divorce certificate from overseas?

Obie, the OP writes "hi we got married last year before she got divorced"

[rescue_ee2]

hello everyone

Writing after a long…I would like to inform you that after getting my first refusal on EEA RC application, we attended a hearing and was asked to reapply again under 2 yrs relationship point, we did. later we decided to go back and I withdraw the application and left UK voluntarily. One year finished and back here in London again.

I stayed in Europe for a year got my residence card there and flew to London on 13/11/2015. I was detained at the airport and was in the detention for nearly 24 hrs. Long story short:

1. I came to uk with residence card stating Family Member of EU National ( article 10) which is recognised by UK now since 6 May 2015.
2. My wife got decree absolut in march 2015

so what UKBA said,
1. according to them i was overstayer whole my application was ongoing last year
2. they are not accepting the EU residence card as I got it on status of a Spouse of EU national, on which they are not recognising our marriage (2013) as it was before my wife got divorced.

So now the scene, they initially denied me entry and asked me to leave. they even booked the flight for me, but i was given a appeal option which i initially refused. later i discussed with my wife and informed them that i want to appeal. As i was at airport, a officer arrived and asked why i dnt want to go….had 3 interviews with me and 2 with my wife and later gave me temporary admission with IS96 form ( anytime detention). I was asked to call on 27th, i did and they advised me that it is extended for another 2 weeks.
But today i received a call from UKBA and have asked me to come for interview

I would like to know they, will they send me back or would detain me?

before replying, I have EU residence card ( Family Member of EU national). this card is recognisable in whole Europe, other countries too, but not in UK as according to UK my wife did a bigamy as she was registered as married in UK till march this year and got married in her home country where she was not registered as married (i.e polygamy in EU state) and because of that I got EU residence card.
We are together since 2012.

replies appreciated….

There is no easy way to discuss this matter so kindly be aware my reply is not intended to cause any offence.

Just because the lady is finally now divorced from her 1st husband does not legitimise your marriage to her.
I cannot understand how you can be registered or recognised as being a legally married man & wife as she was not free to marry you.
The lady has committed bigamy by contracting the second marriage before divorcing first husband.

The UK does not (except in special situations) recognise polygamy;
anyway the type of marriage you have contracted appears to be with a bigamist.
It is not a polyandry with a 'polygamous' woman.

Have steps been taken to address the question of bigamy (as you were advised previously)?
- eea-route-applications/ee2-application- ... l#p1029313

How could you get a RC (as a family member) somewhere in Europe except by suppressing the fact of the bigamy and what appears to be an illegitimate marriage?

This guidance covers the conditions for entry & refusal of entry of EEA nationals into UK:
https://www.whatdotheyknow.com/request/ ... ionals.pdf

In terms of a relationship of over 2 years that is akin to marriage, It may be that you are by now the unmarried partner of an EEA national.
But you appear to have obtained a RC on the basis of marriage.

The UK officials appear to be justified in not recognising the Article 10 RC (and your status as a family member of an EEA national) as it appears to have been obtained in questionable circumstances.

Where the passenger makes reference to the EEA family permit or to his rights as a family member the case must be refused under EEA Regulations with an in-country right of appeal

Thanks for the reply

no offence…but I would like to inform you that when she got married to her ex husband, she didn't registered her marriage in her home country as it was a marriage for residency from that guy. it ended in few months and since then we are together.
secondly when we got married, we registered our marriage in her home country because of which I got the RC.
as now she is divorced, and technically she married to me, i am concerned more about the rights and points where i can fight this up.

as i am asked for another interview and i am worried that they will detain me.

[rescue_ee2]

Was the lady married to another person at the time of your marriage?

Is there another divorce certificate from overseas?

Obie, the OP writes "hi we got married last year before she got divorced"

yes she was…but only registered in UK

[Casa]

Technically, under British law she isn't married to you as the 'marriage' is considered to be bigamous, which has already been explained to you. It doesn't matter that her first marriage was a sham and for residency purposes only. Your problem has arisen due to the fact that your RC has been issued for a spouse, which you're not.

[rescue_ee2]

I understand everything..but my concern at the moment is that, why they gave a temporary admission and now called me up for interview. I would be asked to leave now? Is there any chance that I would be given a appeal option or what are the possibilities?

would they allow us to go via 2 years unmarried partner status application or something like that. coz according to EU laws i am her spouse.

[Casa]

Why do you think that under EU law you are her spouse? It doesn't matter that her first marriage wasn't registered in her home country, her marriage in the UK would have been recognised in France. For example, I'm British but married my non-EU husband in Spain where we were living at the time. We weren't required to register this marriage in the UK, but according to British law we are legally married.
Your wife committed a criminal offence by marrying while she remained married to her first husband. Had you declared the first marriage to the authorities in France they would not have permitted you marriage to take place.
You appear to be ignoring the truth of the situation.

[secret.simon]

Actually, under EU law as well, you are not her spouse.

Just to confirm that I have got the gist of the situation.

Your wife and her ex-spouse were married in the UK.

Without obtaining a divorce in any country, she then married you under French law.

It does not matter where the marriage was registered. If you are married in one country, that status is given credit by almost all other countries in the world. Exceptions exist for marriage to minors and polygamous marriages. But the fact that your wife was married in the UK gives her "married" status in almost all countries in the world.

Bigamy is a crime in all EU countries. Which country's Residence Card have you got? When you applied for the Residence Card, did you disclose that she was married at the time of your marriage? If you had, that country would have also denied your Residence Card.

Your wife has committed two offences already; bigamy (especially as she has married you under French law, which does not recognise polygamy) and deception, in not disclosing in your Residence Card application that she was married at the time of your "marriage", which would not be recognised in any EU country if the full facts are given.

[Obie]

You may be considered as unmarried partner, however your marriage may not be legal at all, and therefore you may not be considered as a spouse of her.

But if your relationship is genuine, unmarried partner is possible. Why you did not try to do things properly is hard to comprehend.

[secret.simon]

You may be considered as unmarried partner,

Can you be considered an unmarried partner while either one of the unmarried partners is in a legal marriage? Would that not amount to bigamy by the back door?

[Obie]

Why should an unmarried partnership relationship be considered as bigamy.

With the utmost respect, I am sure you appreciate the legal definition of Bigamy.

[Obie]

Also regulation 2 states:

durable partner” does not include the durable partner (“D”) of a person (“P”) where a spouse, civil partner or durable partner of D or P is already present in the United Kingdom and where that marriage, civil partnership or durable partnership is subsisting;

I therefore see no barrier in law to the OP being in a Durable relationship in circumstances where the other marriage is not subsisting.

OP you may get detained and possible removed, in the absence of an appeal right or application for residence card.

[secret.simon]

I did not say it was bigamy. I said that it would amount to allowing bigamy by the back door (no pun intended).

The way I see it, the law sees a person as capable of having only one marriage or relationship akin to marriage at a time. It considers simultaneous relationships as illegal or at the least, undesirable.