ILR holder on PIP wishing wife and child to join in the UK

[Kafiz]

Hi,

I wanted to share my family situation here and would greatly appreciate advice on this topic.

TARGET:
My father wants my Mother and youngest sister to join him in the UK as spouse and Child.

BACKGROUND:
My father came to the UK in early 2000 after having married another women (British citizen). He was granted ILR in 2004. In 2008 they divorced. This was his third marriage, second one being my mother(married in 1982) and one before her (in the 1970s). He has recently been approved Personal Independent Payment (PIP) and is in receipt of pension as well. He lives in a house provided by the council which is a 1 bed flat.

We are 4 siblings, me being the eldest(32 and married), then a sister(31 and married), then a brother (26) and finally a sister(16). Me and my brother are here in the UK while my sister is in Dubai. I have British citizenship while my brother is on Tier 2 work visa. My mother is a teacher and lives with my sister back home. I have been sponsoring my mother's and sister's visit visas since 2009. They currently have 5 year and 3.5 year multiple visit visas.

The approval of PIP for may father has relaxed the financial requirement aspect, but I wanted advice on the marital side of things, specifically the following:

1.) My father claims that he showed divorce papers to the Home Office for his first wife when marrying his third wife, so there was no mention of my mother.I was going through the polygamy laws in immigration context but couldn't figure out if my father's marriage with my mother would be recognized given he had married his third wife while still being married to my mother.


2.)As mentioned I have been sponsoring my mother's visit since 2009 and on the three forms she has submitted, she has ticked the separated box(this was more metaphorical as there is not legal ground for this).


Many Thanks,

[Casa]

Hi,

I wanted to share my family situation here and would greatly appreciate advice on this topic.

TARGET:
My father wants my Mother and youngest sister to join him in the UK as spouse and Child.

BACKGROUND:
My father came to the UK in early 2000 after having married another women (British citizen). He was granted ILR in 2004. In 2008 they divorced. This was his third marriage, second one being my mother(married in 1982) and one before her (in the 1970s). He has recently been approved Personal Independent Payment (PIP) and is in receipt of pension as well. He lives in a house provided by the council which is a 1 bed flat.

We are 4 siblings, me being the eldest(32 and married), then a sister(31 and married), then a brother (26) and finally a sister(16). Me and my brother are here in the UK while my sister is in Dubai. I have British citizenship while my brother is on Tier 2 work visa. My mother is a teacher and lives with my sister back home. I have been sponsoring my mother's and sister's visit visas since 2009. They currently have 5 year and 3.5 year multiple visit visas.

The approval of PIP for may father has relaxed the financial requirement aspect, but I wanted advice on the marital side of things, specifically the following:

1.) My father claims that he showed divorce papers to the Home Office for his first wife when marrying his third wife, so there was no mention of my mother.I was going through the polygamy laws in immigration context but couldn't figure out if my father's marriage with my mother would be recognized given he had married his third wife while still being married to my mother. He has a dilemma if he married his third wife without divorcing your mother. It's the the third marriage (through which he appears to have gained residency) which won't be legal under British law. If this wasn't declared to the Home Office if it comes to light his UK residency and subsequently his ILR would have been obtained through deception. If he now intends to apply for a settlement visa for your mother it will flag up on the UKVI system.


2.)As mentioned I have been sponsoring my mother's visit since 2009 and on the three forms she has submitted, she has ticked the separated box(this was more metaphorical as there is not legal ground for this).


Many Thanks,

[Kafiz]

Thanks for your reply.

And the second problem, I guess, would be getting remarried to my mother because the original marriage never broke in the first place.

[Casa]

Exactly. He can't remarry someone he is already legally married to. He needs to be aware that if the failure to disclose and existing marriage when he applied for his spouse visa application, it will put his ILR validity under question.

[Kafiz]

Thanks for your guidance so far Casa.

One more thing that maybe of interest in the context of the problem. My Father also has a child from his third marriage who is 11 years now and regularly shares time with him visiting etc. Would the Home Office still feel strongly against him having married his third wife while still married to my mother or can they possible overlook this, keeping family life in mind?

Is it right to assume that if they let his ILR be (say due to the above), then my mother's application would still be considered as normal as if she is the wife of an ILR holder? It's almost funny thinking that even if they were to say yes to both, it would happen in a single application which is for My mother's spouse visa without any paperwork questioning and then pardoning my father's third marriage and consequently ILR.