If marriage was found to be void will PR (EEA4) be invalid?

[ing123]

Hi all,

I am not sure anyone would be able to help with this but giving it a try anyway...

My ex, whom I have now split up from, has recently received his PR status after his EEA4 application (that I still supported him with as the EEA national). I have recently however found out that he already was legally married before marrying me, and thus our marriage could be found void if I can prove this fact. We married outside the UK (in his country) in 2007. His previous marriage (in another country where he was living at the time) must have been between 2003 and 2005. For various reasons he never got a divorce from her.

As I am currently looking at starting divorce proceedings, I am considering whether annulling the marriage would potentially be a better option (or not).

I am therefore wondering whether getting the marriage annulled would mean he would lose his PR status as his EEA applications would have been on false grounds in the first place? Would this have any other legal implications for him?

We do not have any children, however he does have a son from a previous relationship (not the one relating to the previous marriage) that lives with his mother in his home country.

Another question that this may not be the right forum for: Am I obliged to annul the marriage legally (would it be considered void without annulling it officially if I have the proof)? If I do not (and do not divorce either), would I be able to marry again in the UK later or would this give problems?

If anyone has any information on this that would be much appreciated!

Many thanks

[rachellynn1972]

I shall say this: LIFE GOES ON. What will be your gain in any trouble on what you can prove or not, at the end of the day you also will be blaimed as an accomplies in a sham marriage. Just seek for a divource in uk without mentioning his past relationship as that gat nothing to do with you, apart from being married to you, he will fight his human right anyway. Carry on with your new beautiful and make him a forgotten history. Cama is a wonderful thing which will come back to him.

[sublime688]

Basically, when you two got married he was still married to another woman. This means your marriage to him was a bigamous marriage. From criminal law side of things it is an offence and he would be potentially open for prosecution.

The effect of a bigamous marriage is that it nullifies the marriage from the beginning of the marriage. So in the eyes of the law, your marriage has been non existent. you cannot nullify what is not existing. Having said that, for practical reasons, it is recommended to get a judicial pronouncement of this from the Family Court so you can demonstrate the fact of nullity.

The immigration effect on him could be that he is asked to leave for not having any right to leave in the UK. This can only happen if you decide to report this to the UKBA.Now you cannot have any control of this and you will never know what the UKBA does with him because you will not be privy to whatever goes on between the UKBA and him.

If you do not have the evidence to prove bigamy, then of course you will have to take the route to petition for a divorce.