HELP! HELP HELP! MARRIAGE REFUSE TO ENTRY...................

[tekken]

Hello & Good Day to all!

can anyone help me how to handle this problem i'm from PHILIPPINES my wife work as nurse in UK, my wife has a previous legally marriage but it didn't work out because she was abandoned for almost 11 years now without any communication & support, she want to move on & we did get married legally too without resolving the previous marriage.the ECO stated THAT MY SPOUSE IS ALREADY MARRIED IN THE PHILIPPINES AND HAS A CHILD TO THAT RELATIONSHIP,MY SPOUSE IS NOT DIVORCED FROM HER FIRST HUSBAND AND THE MARRIAGE HAS NOT BEEN ANNULLED,THEREFORE YOUR SPOUSE IS STILL LEGGALY MARRIED TO HER FIRST HUSBAND AND NOT FREE TO MARRY ME. but accourding to this site http://www.ukvisas.gov.uk/ "If your spouse has more than one husband or wife, only one will be allowed to join him or her in the UK" can can my wife just do affidavit & attached to my appeal letter stating that her husband abandoned them for almost 11 years so that they will reconsider my application to give me a visa to join my wife beside she suffered alot to her previous relationship & have to move on and build new life & family of her own. thank you hope anyone can help me on this

[tdabash]

Hello there

I would be grateful if you could please give us more information. You have no obligation to do so.

About your wife

1- When did she marry her first husband?
2- How long did she stay with him?
3- Where was her first marriage?
4- When did she arrive to the UK?
5- How long has she been living and working in the UK?


About yourself

1- When did you meet your wife?
2- How long have you been together?
3- Where did your marriage happen?
4- If it is in Philippines, does the law in Philippines allow the marriage of your wife without a decree absolute /divorce certificate from her first husband? If this is the case, can you get an explanation to the law in your country? Can you provide a certificate from a court or a family lawyer in Philippines saying that your marriage is legal?
5- When was your visa refused?

Thank you

[Kayalami]

tekken,

1. Your marriage is neither legal nor valid under Phillipines or UK law - hence the ECO's refusal is correct and valid under a point of law so don't even contemplate an appeal or fresh 'spousal' application. Your position is further complicated by the fact that the Philippines effectively disallows divorce - only widower/widows may re-marry although I understand there are allowances for those of the muslim faith.

2. The 'uk visas' statement refers to a spouse where the marriage is valid but polygomous in nature - UK immigration law will only consider one spouse for any immigration sponsorship related entries.

3. Depending on your skills and qualifications you may wish to consider employment related immigration avenues to the U.K. such as the Work Permit scheme or for greater flexibility including self employment the HSMP scheme - forget coming to the UK through sponsorship by your 'wife'.

Sorry the news is not what you hoped to hear.

[Cosmopol]

Concur with everything Kayalami wrote above. In addition I suggest for you to explore divorce opportunities in "easy" jurisdictions: there are countries and states which will divorce your wife from her first husband even if he is not present. You may also investigate (probably, with help from a lawyer) whether divorce granted by any such jurisdiction will be recognized by the UK authorities, and whether you need to be married again chronologically after that divorce.

In brief, that's where I always propose to find a law firm that has experience in both divorce and immigration litigation: these two worlds come together in your case. This would be the second key point in a successful case. The first is the will of your spouse to go through the hassle of litigation and travel around the globe for you.

[Kayalami]

You may also investigate (probably, with help from a lawyer) whether divorce granted by any such jurisdiction will be recognized by the UK authorities, and whether you need to be married again chronologically after that divorce.

Home Office a step ahead of the game - divorce in such a scenario would fail to be recognised if a party to it was ordinarily resident in the UK which the original poster's 'wife' is . To overcome this the said party would have to live/reside outside the UK for a year before progressing with this type of divorce.

[Cosmopol]

To overcome this the said party would have to live/reside outside the UK for a year before progressing with this type of divorce.

Perhaps, that's the ultimate way to long-term happiness in this case?

Thanks, Kayalami!

[Kayalami]

Only tekken and his other half can decide if it will be a case of 'And they lived happily ever after '.