Bringing spouse to the uk

[Simshah5]

Hi there,
I am new and don't know where to post, apologies,
I need best advice plz,

I married in uk to EU national in 2013,
Divorced in 2021,
Married in Pakistan in 2017 (i have 1 child)
Is there any possibility to bring my wife in uk
I am on ILR
Thx

[CR001]

The issue you have is that your second marriage was done prior to your divorce date. For immigration purposes, you have to prove you were free to marry at that time, which you were not.

As you have been married before and presumably got your ILR through your EU spouse, ukvi will have all the information and gistory about you.

You will be required to submit your divorce decree with a spouse visa application.

[CR001]

The issue you have is that your second marriage was done prior to your divorce date. For immigration purposes, you have to prove you were free to marry at that time, which you were not.

As you have been married before and presumably got your ILR through your EU spouse, ukvi will have all the information and gistory about you.

You will be required to submit your divorce decree with a spouse visa application.

[Simshah5]

Cr001
Thank you for your quick response,
Oky i must have to submit decree absolute with my wife's application,
But the issue is
What will be the outcome of the application?
Will They allow or not?
Thx

[secret.simon]

They will most likely not allow your second wife or your child by the second wife to come to the UK.

The UK government has a policy of discouraging polygamous marriages. Even though you may be legally married in another country to a second or more wives, those marriages will not be recognised in the UK for immigration purposes at the very least, because at the time you contracted the second marriage in 2017, you were not "free to marry" under UK law.

And as children follow the same pathway as the less-privileged parent, the children of such marriages can not immigrate to the UK either.

[AmazonianX]

Cr001
Thank you for your quick response,
Oky i must have to submit decree absolute with my wife's application,
But the issue is
What will be the outcome of the application?
Will They allow or not?
Thx

You being remarried before dissolution of first marriage is the problem. As stated by more informed person, most likely won't be allowed.

[Simshah5]

Thank you guys
For ur kind information,
But
Is there any other way i can bring my wife and child here,
If any plz guide me.
Thx

[Casa]

Thank you guys
For ur kind information,
But
Is there any other way i can bring my wife and child here,
If any plz guide me.
Thx

Apply for a Fiance visa and marry in the UK within 6 months and then submit a FLR(M) spouse visa application.

[Simshah5]

@casa
Thank u for your Advice,
Wil it work the fiancee way???
R u sure?

[Simshah5]

Hello casa,
Do u kno any successful person on the same matter?
Plz

[vinny]

The UK government has a policy of discouraging polygamous marriages. Even though you may be legally married in another country to a second or more wives, those marriages will not be recognised in the UK for immigration purposes at the very least, because at the time you contracted the second marriage in 2017, you were not "free to marry" under UK law.

Interestingly, 3.

The question however is not whether the marriage is valid under UK law but whether the marriage is valid in the country in which it was celebrated. It is the same test as proxy marriages and marriages that take place at an age that would be impermissible under UK law. If the marriage is valid in the country in which it was celebrated then it is recognised for the purpose of the Rules.

[Simshah5]

Vinny
I need help, solicitors confusing me to make theire money,
I was reading an old post by @spiderman007
The similar case, and i think he was successful.
Is fiancee visa the best option?
Is it really straight away path?
How can i contact with mr spiderman?
Will much appreciate your help

[vinny]

If the quoted judgment is valid and sound and applies in your case, then I think a spouse visa is okay.

[Simshah5]

Vinny
Thx for reply and the appeal decision,
Bit confusion here,
His first wife has never been in to the uk whome he's divorced,
This is a different scenario.
I don't think i am fit in this allowed appeal.

My first wife was in uk
Divorced in dec 2021
Settleed status/ILR in 2019
Married to 2nd in January 2018 ( 1 child now)
So my case is similar to mr @spiderman007,
U guys advised him to apply for fiancee visa,
The best solution plz, i will pray for u

[vinny]

You are correct. 5.

The marriage is polygamous. It is accepted that it is polygamous because at the time it was celebrated the Sponsor had another wife. However, the other wife from whom he is now divorced, has never been in the United Kingdom and therefore paragraph 278 does not prevent the Appellants succeeding.

However, 278

Nothing in these Rules shall be construed as allowing a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as the spouse and civil partner of a man or woman (the sponsor) if:

• (i) his or her marriage or civil partnership to the sponsor is polygamous; and
• (ii) there is another person living who is the husband or wife of the sponsor and who:
  • (a) is, or at any time since his or her marriage or civil partnership to the sponsor has been, in the United Kingdom; or
  • (b) has been granted a certificate of entitlement in respect of the right of abode mentioned in Section 2(1)(a) of the Immigration Act 1988 or an entry clearance to enter the United Kingdom as the husband or wife of the sponsor.

I think after the divorce, 278(ii) also fails because the other person is no longer the husband or wife of the sponsor? Therefore, I think paragraph 278 still does not prevent the applicants succeeding?

[Simshah5]

Thx
Well this all is really confusing me,
Is there any possibility to contact mr s @spiderman007,
If yes plz help
Any contact email, phone etc
Vinny

[vinny]

@spiderman007 was last active in Feb 2019.

[Simshah5]

Iky sir,
I really need to discuss with someone who is also in the same scenario.
Well thx for ur cooperation vinny