Please help-complicated situation-

[Swan]

(u/)

[SYH]

Your new partner should apply for settlement or nationality before trying to divorce her.
He doesn't need to be your dependant he can be here on his merit

[brownbonno]

Its unlawful to contract a new marriage when an existing marriage has not be desolved.
''Bigamy is the act of being married to more than one person at the same time; or the offence of marrying someone else while no valid divorce to a living spouse has occurred.''

[SYH]

good point brown
how did you get around that at your ceremony.
Otherwise, I'd get that absolved right away or you going to run into more problems with HO

[sakura]

Hi
I would really appreciate any advice for our situation

Me and my husband are from the same non-EU country, we got recently married in our home country.

My status:
I am on a work permit visa

His status:
he has been in the UK since 2001, came first on student visa then married an EU national on 2004 and was therefore granted EU dependant visa until 2009
- they were then separated as she left him, he did nothing about it so technically he is still married to her.

the problem is:
he wants to separate from his first wife officially but cannot get hold of her or contact her as she disapeared completely.

My question:
is there a possibility for him to separate from her and become my dependant ? or what solution do you suggest ?
I appreciate any help
Thank you

You mean to tell me you have a husband who is still married to another woman? You had better make sure your own marriage is some not one recognised by UK law otherwise you're in deep doo doo.

What solution do I suggest? Tell him to find his first wife any which way he can and get a divorce, pronto. How? Find a solicitor and ask them. Contact his in-laws. Contact her old friend, contact her old work place and find out where she got a new job. This is very serious, as someone mentioned if it is bigamy you can be jailed for this.

In terms of immigration....that is the LEAST of your concerns right now. You can't sponsor him anyway because he is still married to someone else.

[Swan]

Thank you SHY and Sakura for your replies

I guess we need professional help as it is more complicated than i thought.

[brownbonno]

Oh,its a shame no thanks for me?????

[Swan]

deeply sorry brownbonno i don't know how i missed your name there !
thanks too

[Wanderer]

NB: just found a passage in a document on the HO stating the following:


2.1. Polygamy

Whether a marriage is to be regarded as monogamous or polygamous must initially be determined by where the marriage is celebrated.

If the law of the country where the marriage takes place prohibits polygamy, (as English law does) then all marriages celebrated under that law must be monogamous, regardless of whether a party to such a marriage is permitted to practice polygamy in his country of domicile. Such a person can nevertheless contract a valid marriage here, as long as he is not already married, either here or abroad. Any further marriage contracted in this country would be void as it would be bigamous.

If the country in which the marriage is celebrated permits polygamy, any marriage contracted there by a person whose country of domicile permits him to enter into a polygamous union will be polygamous

may be there is some hope for me here?

The way I read that it doesn't help you at all. I just confirms ur marriage as bigamous in the UK. I bolded the bit to me that confirms it.

What do others thing?

Might be helpful to give us more info, like ur countries of origin etc.

[yankeegirl]

I found the DSP relating to the validity of polygamous marriages in the UK. Not sure if it will help, but might be a place to start to get info.
http://www.ukvisas.gov.uk/servlet/Front ... 8489158220
I think your best bet would be to seek professional advice.

[SYH]

Here is my take. You won't be prosecuted under UK law for bigamy but you run into problems in terms of the visa. He cant find her and he didn't update his status to acknowledge that.
What I would do is annul your current marriage,
He goes and get a UK settlement permit based on the first marriage
When that is clear, feel free to marry again
OR
If you choose to keep the marriage running.
He should start the process of terminating the first marriage from an administrative point of view as this will be eyebrow raising from a processing point of view.
This should be resolved before you involve HO one way or the other so don't try to get any permit with them through you

[Swan]

thanks very much for all the replies, just to clarify that the first mariage was with the EU national and took place in the UK, the second with me was abroad in Algeria where polygamy is allowed.


a question to SYH

for your options can you please elaborate on the following points:

- the first option:
How can he obtain settlement permit based on the first marriage especially that the lady left and took all her belongings including her documents ?

the second option:
- what did you mean by : "this will be eyebrow raising from a processing point of view" ?

Another question:

assuming the termination (divorce?) of the 1st marraige was successful what will happen to him in terms of visa status while waiting to become my dependant ? will he be given a temporary status meanwhile?
- can he for example change from being her dependant to another visa status (example : back to his student status or work permit status or anything else? )

thanks to everyone for your time , your help is really appreciated

[sakura]

Swan, how long were they married and when did they separate?

[SYH]

he must have documents showing his living with his first spouse to qualify for settlement on his own merit. please answer sakura's questions
I keep telling you to forget about getting him a visa through you until either he has a settlement visa or is divorced.
Eyebrow raising means the reaction you will get if you try to apply to the ho with the current circumstances of bigamy.
You want to confuse them, then be prepared for a rejection

[Swan]

again thanks all for your trouble
to answer sakura: he has been married for 3 years almost , they separated a year and half ago but didnt divorce yet.

the only proof he still has is a joint bank acount as she took everything else and went abroad.

SYH, I got your message and i won't try that route as what you said makes sense.
- are his chances for settlement not very slim since they haven't completed the 5 years or are there special rules for this kind of separation case ?
- assuming he cannot obtain settlement and the only option left is proceeding with the divorce or termination from the first marraige, what do you think will happen to him after it is succesful? will he have to go back home ? or can he apply from within the uk to become my dependant (obviously after everything has been sorted from the 1st marriage )

I hope this is not too much asking, please help

Thanks very much

[SYH]

Its 3 years for settlement with marriage and he has bank statements so I dont see the problem
as for the divorce after obtaining settlement you are better off seeing an attorney for.
If he can't get settlement, then he probably has to go back and apply for a new visa

[Swan]

OK I have a clearer vision now, thanks a lot SYH

and thanks for everyone for their trouble
take care