Spouse visa for second wife rejected - not divorced from first

[spiderman007]

Hi members
I am a British citizen having dual nationalities got married in 2012 in USA.My wife got a spouse visa in 2013 but then she refused to stay with me.She didn't travel on that visa.I had to divorce her,being a muslim i wrote on a piece of paper and sent it by post.After that i applied for Decree absolute here in UK.While the matter was in the British courts,i traveled to Pakistan and married to my new wife in December 2014.It was just a religious ceremony called as Nikkah.
My Decree absolute was issued in September 2015,as soon as i had decree in my hand i applied for my wife's visa. But visa was refused on a grounds that,i was already married when i did Nikkah in December 2014 where as Decree absolute was issued in September 2015. So in British law this marriage isn't valid.
I have appealed against this decision, haven't got the hearing date now.
Pls if some one can advise me,
1:what shall i do in the meanwhile to make this marriage valid?
2:Obviously this marriage i did isn't polygamous because i followed the law the land.
3:What argument shall we use in hearing?
pls advise if can

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[noajthan]

Recent similar cases:
http://www.immigrationboards.com/britis ... 02719.html
&
http://www.immigrationboards.com/immigr ... e#p1315094

[Casa]

An appeal stand little chance of success. Your best option would be to apply for a fiance visa and marry your second 'wife' in the UK.

[batleykhan]

Forget Appeal and make a fresh application for a fiance visa.That is best and only option for you

[spiderman007]

thanks a lot
noajthan,batleykhan and casa for your reply and advise.
i will see me lawyer tomorrow and will discuss this with him.
thanks

[spiderman007]

Hi
Been to my solicitor today, and he listened to my option of sponsoring my wife on Fiance visa. He came with another solution and i want you guys to guide me on this.
According to him that,if i apply for Fiance visa there is high possibility that, this will be refused. So according to him,it will be easier and more practical if i travel myself to Pakistan and register another Nikkah by going through all the formalities and then reapply for visa.He added that,we will make a proper personal statement and will write everything in detail about Previous nikkah, reason of refusal and why am i applying agin etc etc.
I am confused now,pls advise.
Kind regards

[Casa]

I always rely on Batleykhan with issues such as this. Will a second Nikkah be possible?

[spiderman007]

So yesterday i gave a go ahead to my solicitor for Appeal.I spoke with another solicitor as well and he told me not to do second nikkah as this will make situation more worst then its already.He suggested that either i make a fresh application with strong personal statement or appeal.
Lets see what comes up.
will keep you posting.
Regards

[Casa]

In my honest opinion, supported my fellow moderator Batleykhan on these issues on which I respect his opinion, an appeal stands virtually zero chance of success. The Entry Officer was correct in their decision and I still believe that your best option would be to apply for a fiancee visa and marry in the UK. If you meet all the standard conditions there is no reason for a fiance visa to be refused, and ECOs will be familiar with a situation such as yours.
Looking at this cynically, the solicitor who has advised an appeal may have more to gain...or is not fully conversant on the Rules regarding divorce (or the absence of it) and re-marriage. Be prepared for a long and bumpy ride and a very deep pocket if you take the appeal route.

[spiderman007]

thanks for your advise.I will give it a go,its just a chance i will take.
right now am going through different court cases similar to me, but couldn't find any as far yet.
Do you know any good website where i can access past court cases.
I will really appreciate your help in this.
regards

[Wanderer]

thanks for your advise.I will give it a go,its just a chance i will take.
right now am going through different court cases similar to me, but couldn't find any as far yet.
Do you know any good website where i can access past court cases.
I will really appreciate your help in this.
regards

Spurious applications will weaken any subsequent strong ones, I say wait for Batleykhan, he's having his Lamborghini serviced.....

[Casa]

I'm not sure what your grounds for appeal will be, as under British law your second marriage is void...i.e is not recognised.

https://en.wikipedia.org/wiki/List_of_p ... ourt_cases

[spiderman007]

Wanderer,i will see what others advise? as i have submitted the appeal,i still can make a fresh application or apply for Fiance visa.I submitted the appeal so that,i don't run out of time.
Yes you are right CASA i dont have grounds to appeal but i want to argue on this and give it a try.
still confused though.

[Casa]

If you are aware that you have no grounds for an appeal (but simply want to argue the point)...what exactly are you confused about?

You might want to spend some time wading through the lengthy thread on Pakistan spouse visa appeals. You'll see that some are taking years with no conclusion in sight. But it's your call.
http://www.immigrationboards.com/immigr ... -1600.html

[Obie]

A polygamous marriage will be lawful if the law of the country it was contracted , permits it, and on the day of the application, it can be showed that the previous marriage which would have disqualified has been desolved.

https://www.gov.uk/government/publicati ... s-marriage

[Casa]

A polygamous marriage will be lawful if the law of the country it was contracted , permits it, and on the day of the application, it can be showed that the previous marriage which would have disqualified has been resolved.

https://www.gov.uk/government/publicati ... s-marriage

Obie, what exactly do you mean by 'which would have disqualified has been resolved'? Do you mean 'dissolved'? The divorce decree absolute from the marriage in the USA hadn't been granted at the time of the second marriage in Pakistan. Are you referring to this passage from your link?
"A polygamous spouse may apply for entry clearance and support the application by claiming that a previous marriage (which would otherwise disqualify him / her) has been dissolved or terminated by the death of the spouse concerned." ?

Also from your link "No person domiciled in any part of the UK has the capacity to enter into a polygamous marriage. Section 11(d) of the Matrimonial Causes Act 1973 is the authority regarding a party domiciled in England and Wales."

[spiderman007]

An appeal stand little chance of success. Your best option would be to apply for a fiance visa and marry your second 'wife' in the UK.

Dear Casa and other respected memebers..
I had this problem with my second wife's visa as it was refused because my second marriage wasn't recognised in British law.I appealed against the decision, and at the same time i followed the advice from Casa and Batley khan and applied for Fiance' visa as well.Today my wife got the fianc'e settlement visa.
I thank to Casa and Khan for their precious advice as they saved me from lengthy appeal process.
Thanks a lot.

[Casa]

Well done and thank you for listening. Pleased it all worked out well for you in the end.

[Petaltop]

An appeal stand little chance of success. Your best option would be to apply for a fiance visa and marry your second 'wife' in the UK.

Dear Casa and other respected memebers..
I had this problem with my second wife's visa as it was refused because my second marriage wasn't recognised in British law.I appealed against the decision, and at the same time i followed the advice from Casa and Batley khan and applied for Fiance' visa as well.Today my wife got the fianc'e settlement visa.
I thank to Casa and Khan for their precious advice as they saved me from lengthy appeal process.
Thanks a lot.

Don't forget to buy health insurance for her. Her fiance visa does not allow her to use the NHS for free, instead, she must pay each time she uses the NHS. 50% is added if she doesn't have insurance to pay.

Once you are married in the UK, she can apply for her spouse visa and pay the Immigration Health Surcharge. When she gets that visa, she can use the NHS without charge.



https://www.gov.uk/healthcare-immigrati ... n/overview

Visitor visas and short-term visas

You don’t have to pay the healthcare surcharge if you’re applying from outside the UK for a visitor visa or any visa that lasts 6 months or less.

You don’t need to use the healthcare surcharge service or get an IHS reference number for your visa application. Instead, you’ll have to pay for any healthcare you get through the NHS at the point you use it.

[spiderman007]

Petaltop
I paid £600 for health surcharge online,its fiance' settlement visa and is valid for 6 months. Before the expiry of this visa i have to remarry and resubmit FLR(M).
Do you think,she is still unable to access NHS for free?
Regards

[Casa]

You shouldn't have paid the NHS surcharge for a fiancee visa. This is only paid for a spouse settlement visa (married) or when your fiancee applies for FLR(M) after the wedding in the UK (£500).

[CR001]

Petaltop
I paid £600 for health surcharge online,its fiance' settlement visa and is valid for 6 months. Before the expiry of this visa i have to remarry and resubmit FLR(M).
Do you think,she is still unable to access NHS for free?
Regards

What did you select for the visa from the drop down menus??

[spiderman007]

Reason for Visit SETTLEMENT
*
Visa Type SETTLEMENT
*
Visa Sub Type UNMARRIED PARTNER
It automatically took me to the website for health surcharge?
is this right or wrong?
*

[Casa]

It's wrong I'm afraid, which is why you were charged the £600 visa fee. You should have chosen fiance for the visa sub type.