Spouse or fiancé visa? Complicated case. Plz help.

[jazzy2015]

Hi all gurus and members.

Life never meant to be easy guys. I am currently having hard situation.please guide.

Fallen in love with a polish girl and we decided to marry. Married in 2010. Got my residence card valid from 2010 to 2015. We could not manage things together and she started living separate with somebody else but we were not divorced. 2011, I went to India and got married there with my cousin and came back after 3 months. 2012, I have been blessed with a baby girl.
I started divorce proceedings with my first wife in 2014 and got divorced. I applied for ROR and got further five years residence card. In 2015 I have applied for EEA4(PR) and got my PR.

Now I want to sponsor my Indian wife and my baby girl to uk. I have been advised by a lawyer to never apply spouse visa for my wife as I was married in uk and India same time. He says its gonna reject 100%.
He advising me to apply for fiancé visa and explain everything about your two marriages in covering letter.

Another lawyer says nor fiancé visa neither spouse. You are not gonna get it. He says just change the date on your Indian marriage certificate by remarrying your wife in India and prove that your second marriage happened after your divorce finalised .

Totally confused and helpless.
Brothers and sisters, please help and guide me.

[vinny]

The ECO may conclude that your marriage to the EEA national was one of convenience. What is child's age?

[jazzy2015]

Vinny

What should I do bro? Any solution please

[jazzy2015]

Obie, casa and all other gurus, please help

[vinny]

What is child's age?

[jazzy2015]

4 years

[Casa]

The first solicitor gave you the correct advice...the second was advising you to fraudulently alter an official document!
Your marriage in India will not be recognised under British law. Are you earning at least £22,400 p.a?

[jazzy2015]

Thanks case for your reply .

Yes I am earning 26000 p.a.

Casa please guide me, because of this situation my family life is getting disturbed again.

Casa, have you ever heard the situation like me to someone?
Some people says if you don't change the date of your second marriage then your first marriage seems marriage of convenience.
I m in a fix bro?

[vinny]

Given the child's age, the date of marriage to child's mother may be moot.

[Casa]

I'm not a brother...I'm a sister.
Yes, this issue comes up regularly on the forum. DO NOT change the date on your marriage certificate in India, this is a fast route to disaster!
I've hesitated to give further advice other than to apply for a fiance visa, as the application is further complicated by the fact that you have a child who will need an entry visa. It's common now for the Home Office to require a DNA test for children born to unmarried parents when submitting a visa application for their settlement. As your marriage in India won't be recognised as valid under British law, you will be considered as unmarried parents.
The first solicitor appears to have given you good advice and it may well be wise to return to them for further guidance. Any legal professional who advises fraud in a visa application should be avoided at all costs.

Edit: Vinny has made a very valid point.

[jazzy2015]

Dear casa and vinny

Have you ever witness case like me whose got fiancé visa for his wife?

[Casa]

Yes.

[jazzy2015]

If anybody in this forum or any of your known person suffered this situation and got succees obtaining visa, please get in touch. I need to get some informations .

[jazzy2015]

???????

[Casa]

Use the forum search facility for similar cases.

[jazzy2015]

Thanks casa. I m trying to find out similar case but I found only one closest to me. I have sent a msg to this guy but have not got response yet. InshaAllah I will find somebody.

[Casa]

Your message is probably still sitting in your outbox undelivered as members only have the privilege of the PM facility once they have made 30 posts.

[jazzy2015]

Oh no, so casa tell me is there any way I can contact board members ?

[jazzy2015]

I am ready to apply for my wife, but just need some more info

[jazzy2015]

Hi casa,
Need your help .
If my wife go for fiancé visa, do we have to mention about our marriage or not

[Casa]

You can explain this in 'additional information'. You say you've already applied for your wife, but what have you applied for? You're also going to have to consider how your daughter will legally enter the UK.

[jazzy2015]

I have not applied anything yet for my wife,

Casa, if I apply through fiancé route for my wife and don't mention about my marriage ( coz anyway it's invalid in uk law) , is that ok?

Secondly , in fiancé route , my daughter can apply as well?
Will we be treated as unmarried parents?

[Casa]

I advised earlier on that you will be considered as unmarried parents and in order to prove paternity of your daughter, the Home Office will require you to take a DNA test from a HO approved test provider. I believe that you will have to apply for a dependent's visa for your daughter, but wait for comments from others.
You can choose not to mention the wedding in India, but you will be expected to prove that the relationship is genuine. Are you aware that in order to sponsor your daughter and a fiancee, you will need to show annual earnings of £24,400?
As the title of your thread suggests, you are already aware that you've put yourself into a complicated situation.

[noajthan]

I have not applied anything yet for my wife,

Casa, if I apply through fiancé route for my wife and don't mention about my marriage ( coz anyway it's invalid in uk law) , is that ok?

See questions 1.6 & 6.28 & 10.12

https://www.gov.uk/government/uploads/s ... _04-16.pdf

You must provide original copies of divorce or dissolution of civil partnership

10.12 Have you or any dependants who are applying with you ever engaged in any other activities which might indicate that you may not be considered to be persons of good character?

I am aware that it is an offence under the Immigration Act 1971, as amended by the Immigration and Asylum Act 1999 and the Nationality, Immigration and Asylum Act 2002, to make to a person acting in execution of any of those Acts a statement or representation which I know to be false or do not believe to be true, or to obtain or to seek to obtain leave to remain in the United Kingdom by means which include deception.

Similar questions & declaration for fiance visa too.

[Casa]

@ Noajthan I believe that within this tangled web, the OP is asking if he needs to mention the second 'marriage' which the HO won't consider to be a marriage.