married second wife; unsure about indefinite leave

[Sophia911]

okay, my brother was married to a pakistani girl (from pakistan) 9 years ago.He called here and have one child. They got divorced 3 and half years ago; islamically .i.e. with witnessess present etc.

He re-married in June in Canada. She came here on a Tier 5 Youth Mobility Scheme. Now sis in law 2 year visa thing expires next month and he is doing her application for indefinite leave to remain.

Would i be right to say both salaries £30,000 exc tax will satisfy the financial requirement?

Main question is; what about the divorce? i did not register the marriage here. Do i still need to go through courts. Or can i send my talak (divorce) papers witht he application as proof of divorce?
(divorce was countersigned by witnesses)

Also, as he has a child, but lives with mother; who is registered as lone parents and etc; will we put him as dependant in application form?

[geriatrix]

What is the current immigration status of the person in question (your brother's second wife)?

[Sophia911]

What is the current immigration status of the person in question (your brother's second wife)?

It's a tier 5 goth mobility entitled to work here for two years which is due to expire next month.which means she should usually go back after these two years are up.

[geriatrix]

Subject title of topic:

married second wife; unsure about indefinite leave

The person in question is not eligible for settlement (indefinte leave to remain).

The person needs to apply for further leave to remain as spouse of a settled person, using FLR(M) form.

[Greenie]

I would think it is also unclear if the divorce will be recognised. If both parties were resident in the UK then an Islamic divorce would not be recognised-they would need to divorce according to UK law. Consequently whether the second marriage is therefore valid is also questionable. Would suggest that your brother seeks advice from a competent immigration solicitor.

[Greenie]

See recognition of marriage and divorce and polygamous and potentially polygamous marriages

[batleykhan]

Where did the Islamic divorce take place?. Was it in UK or Pakistan?.

If in UK then it would not count, unless it was registered in Pakistan, or it took place in Pakistan where both parties were present

[Sophia911]

I would think it is also unclear if the divorce will be recognised. If both parties were resident in the UK then an Islamic divorce would not be recognised-they would need to divorce according to UK law. Consequently whether the second marriage is therefore valid is also questionable. Would suggest that your brother seeks advice from a competent immigration solicitor.

Ok so they divorced here. We have been told they will need to go through courts to get an actual divorce. Both parties are in mutual agreement. But then I don't understand how the second wife can apply for further extension in the capacity as a spouse if there marriage is recognised as such?

[geriatrix]

Neither is the divorce legally valid nor is the second marriage, under UK law. So the person cannot apply for leave to remain.

As Greenie has already suggested, seek professional advice on the matter to determine possible course of action (if any).

[Greenie]

Note that the UK divorce will take at least 6 weeks so it seems unlikely that she will be able to make an in country application if her leave expires next month but as suggested seek legal advice on this.