polygamous marriage annd eea family permit

[fysicus]

As far as I know, in all EU countries it is similar. The procedures may differ in implementation details, but if you want to marry, you have to register (in advance) your intention to do so and at that point also declare that you are free to marry. You are not free to marry if you are married already (or in a relationship that is legally equivalent to a marriage, as exist in some countries). Knowingly making a false declaration is of course fraud.

Given the attitude that hallo displays with respect to marriage, the only advise I can give him is to stay clear of any European country for the rest of his life!

[John]

hallo, also take on board that countries tend to have in place a law recognising marriages that take place outside of their country.

For example here in the UK we have the Foreign Marriages Act 1892 (yes 1892, and still in force!) and that says that if a marriage conducted outside the UK is recognised as a legal marriage in the country where it takes place, then the UK also recognises it as a legal marriage.

Other countries will also have similar legislation.

For example my wife and I got married in Thailand, and that is recognised as a legal marriage in Thailand, and accordingly the marriage is also recognised as a legal marriage in the UK, and no doubt many other countries as well.

Interestingly the UK's Foreign Marriages Act 1892 also has legal effect in the Republic of Ireland. When Ireland got its independence nearly 90 years ago, all UK Acts of Parliament also, by default, were also laws of the Irish Free State, and that saved them the need to rush into law legislation covering absolutely every matter. Then of course Ireland could change laws as it felt the need, but to my knowledge it has never passed a law concerning the recognition of non-Irish marriages, and thus the 1892 law remains in force in Ireland.

[hallo]

hi john

i appreciate you answers to my questions,as its so clear

you said (For example here in the UK we have the Foreign Marriages Act 1892 (yes 1892, and still in force!) and that says that if a marriage conducted outside the UK is recognised as a legal marriage in the country where it takes place, then the UK also recognises it as a legal marriage.)

SO THE POINT NOW IS ,IF THE UK RECOGNIZED MY SECOND MARRIAGE, WHICH IS ALREADY RECOGNIZED AS LEGAL MARRIAGE BY THE COUNTRY WHERE IT TAKE PLACE SO IN THIS CASE MY WIFE CAN GET ENTRY CLEARANCE AS EEA FAMILY MEMBER, AND THEN MY MARRIAGE CAN BE REGISTERED LEGALLY IN UK REGARDLESS I HAVE ANOTHER WIFE OUTSIDE THE UK WHO IS IN ANOTHER EEA COUNTRY)????

thanks again

[John]

I find this matter extremely complicated, and can only relate you back to the UKBA document that I provided a link to last Saturday.

[hallo]

thanks for your effort to help me

according to the ukba rules which is supposed to apply on overseas marriage before recognized marriage by the UK law(the result that my marriage is legally recognized in the UK)

but i am worry that once the UK recognize my marriage,i became polygamous and this is penal accuse?

i hope that if anyone here in forum who follow my post,or had a similar situation can give us his opinion and clear this situation..

thanks

[fysicus]

If you are worried that you are breaking UK law and hence be liable to prosecution, then there are two obvious courses of action that you can choose:
1. hire a very expensive lawyer who can guarantee you massive bills but no success, or
2. don't come to UK
The choice is yours. If you want to play safe, settle in a country that has no problem with polygamy.

[hallo]

hello fysicus

i respect your point of view.

1- the first choice i cant do it,as i cant hire very expensive lawyer

2- i am already settled in the uk ,and i cant leave now ,only i need to bring my wife to stay with me here

i wish that in this forum i can get my answer ?

as uk law accept the polygamous marriage conducted overseas ,and in case of immigration the polygamist can bring only one wife? this is very clear.

only my case is this rule applied on the European with
Muslim origins or just on non European nationals?

[fysicus]

First of all, the law is the same for everyone, not only in UK but in all EEA countries.

As you are already settled in UK, you are obliged to abide by UK law. UK law prohibits that you travel abroad to conduct a polygamous marriage. The rules that you put your hope on are for cases where somebody is already involved in polygamous marriages before immigrating into UK.
Furthermore, all EEA countries prohibit their nationals to become involved in polygamous marriages anywhere in the world.

So both in UK and in the country of your EEA nationality you are now in serious trouble, and criminal prosecution is very likely.

[hallo]

to clear more the situation

i have dual nationality(one eea one non)

both 2 marriages conducted by my non eea nationality details under the Islamic law and before immigration to UK.

so its not criminal prosecution.

is it right?

[fysicus]

Disregard my advice at your own peril!

[hallo]

ok thanks

i think its so difficult here in the forum to an expert in marriage subject to answer my question. or can give me advise based on normative of law,its all general answer and i know that's free forum so i am not waiting so much.

i hope that some one can help me?

thanks