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PR Right Advice

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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ahmedrz
Newly Registered
Posts: 4
Joined: Thu Dec 09, 2010 8:54 pm

PR Right Advice

Post by ahmedrz » Thu Aug 18, 2011 6:59 pm

Hi,
i will be greatfull if some one ans my question, i get married in 2005 my wife was EEU and i was a Non EEU, in 2007 i get married in India, i got PR in 2010, due to some problem i get divorce from EEU in Aug 2011, my question is can i bring my wife n daughter here from india, can i apply her spouse visa? is there any resitication still or not ? i will be thanks full for ur advice.

nonspecifics
Member of Standing
Posts: 372
Joined: Mon Jun 27, 2011 4:08 pm

WRONG FORUM

Post by nonspecifics » Thu Aug 18, 2011 7:12 pm

Hello

You are not an EEA national, so you will be unable to use the EU Directive; you would need to apply under British Immigration law as a British Permanent Resident.

As I understand it, if you were a British Resident ( to qualify for PR) and were married, British law states you were not free to marry again.

Under British law your second marriage to your Indian wife is not valid and would probably not be recognised as legal in the UK, even if it is accepted in India as legal.

I don't know if UKBA would then also be suspicious that your marriage to the EU national was a marriage of convenience - as you married again within two years of your first wedding. Would they investigate, even though you already have PR? I don't know.

Maybe that's something you should also ask about on the British Immigration Forum.


"Polygamous marriages

A polygamous marriage is one where a man can marry more than one wife. A polygamous marriage between partners, one or both of whom are domiciled in England, Wales or Northern Ireland is not valid. The concept of ‘domicile’ is very complex and does not necessarily mean ‘living in’ a country."
Last edited by nonspecifics on Thu Aug 18, 2011 8:17 pm, edited 1 time in total.

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Thu Aug 18, 2011 7:41 pm

Have you got a time machine?

In your post from 2010 you just got divorced in July 2010 but was not married. Now you got divorced in August 2011 but you are happily married for 4 years.

I hope you at least invited your EEA wife at the time to your second marriage back in 2007.

Nimitta
Member of Standing
Posts: 297
Joined: Sun Oct 31, 2010 3:28 pm

Re: WRONG FORUM

Post by Nimitta » Thu Aug 18, 2011 9:03 pm

nonspecifics wrote: You are not an EEA national, so you will be unable to use the EU Directive; you would need to apply under British Immigration law as a British Permanent Resident.
Why not? Although he is not a EEA national, he entered the UK and got his PR under the provision of EU law. Yes, I understand why you think otherwise... but isn't it weird?

The only thing that changes upon gaining the status of Permanent Resident... or rather upon receiving Permanent residence card by nonEEA, is that the non-EEA status does not depend anymore on his/her being married to EEA citizen. But if you are correct, it does depend on his/her being married to EEA citizen because after divorce nonEEA with PR has to jump from EEA law to the domestic one.

nonspecifics wrote: Under British law your second marriage to your Indian wife is not valid and would probably not be recognised as legal in the UK, even if it is accepted in India as legal.
I remember reading about that recently. The idea was, if I remember it correctly, that the UK might recognize a polygamous marriage as legal if the country which issued the marriage certificate consider it legal. But Member States (including the UK) are under no obligation to do so. Cannot find the link.

Nimitta
Member of Standing
Posts: 297
Joined: Sun Oct 31, 2010 3:28 pm

Post by Nimitta » Thu Aug 18, 2011 9:05 pm

Jambo wrote: In your post from 2010 you just got divorced in July 2010 but was not married. Now you got divorced in August 2011 but you are happily married for 4 years.

I hope you at least invited your EEA wife at the time to your second marriage back in 2007.
:D Yes, a little bit strange. Although the problem is rather interesting.

seputus
Junior Member
Posts: 72
Joined: Sun Apr 11, 2010 1:26 am

Post by seputus » Thu Aug 18, 2011 9:40 pm

Jambo wrote:Have you got a time machine?

In your post from 2010 you just got divorced in July 2010 but was not married. Now you got divorced in August 2011 but you are happily married for 4 years.

I hope you at least invited your EEA wife at the time to your second marriage back in 2007.
Touché :D

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Fri Aug 19, 2011 7:27 am

Here is that post which the OP chose to delete.
ahmedrz wrote:Hi i will be really thanks full if somebody helps me
i have got a PR in March divorced in July, my question is as i got this PR through my EEA partner does it will be valid after the divorce or i have to apply for my own grounds, second if i want to marry again and get my partner from out of EEA country ,what i have to do? How can i apply for my partner to get him here does this PR will be Ok, please help me regarding this.

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Re: WRONG FORUM

Post by 86ti » Fri Aug 19, 2011 8:57 am

Nimitta wrote:I remember reading about that recently. The idea was, if I remember it correctly, that the UK might recognize a polygamous marriage as legal if the country which issued the marriage certificate consider it legal. But Member States (including the UK) are under no obligation to do so. Cannot find the link.
We had a very similar story here recently... http://www.immigrationboards.com/viewtopic.php?p=523439

Nimitta
Member of Standing
Posts: 297
Joined: Sun Oct 31, 2010 3:28 pm

Re: WRONG FORUM

Post by Nimitta » Fri Aug 19, 2011 10:14 am

86ti wrote: We had a very similar story here recently... http://www.immigrationboards.com/viewtopic.php?p=523439
Yes! This is the one I meant! Thank you.

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