Tier2 spouse visa without divorcing 1st wife

[info-seeker]

Hi,
My wife is no longer living with me since past 1 and half years and she doesnt want to. I am planning to get married again but without divorcing her to avoid some legal complications. She had visited UK once on a visitor visa in the past. On that application I had mentioned she is my wife but then if I get married again can I apply for a spouse visa for my second wife without divorcing the first.

We got married in India and the second marriage is also supposed to be here.

Please give some advice on this matter.

Regards

Info seeker

[noajthan]

Hi,
My wife is no longer living with me since past 1 and half years and she doesnt want to. I am planning to get married again but without divorcing her to avoid some legal complications. She had visited UK once on a visitor visa in the past. On that application I had mentioned she is my wife but then if I get married again can I apply for a spouse visa for my second wife without divorcing the first.

We got married in India and the second marriage is also supposed to be here.

Please give some advice on this matter.

Regards

Info seeker

Assuming you reside in UK.
If you attempt this you will face more legal complications.
You are not free to marry and you are living in a country that does not support bigamy or polygamy.

[Casa]

As noajthan has advised, without divorcing your first wife a second marriage will not be legal under British law and a Tier 2 dependent visa would be refused.

[bsc2007]

It is illegal in India as well unless you are a Muslim.

[CR001]

According to your previous posts, you did a visit visa in the last year for your wife (ex). HO will have a record of this and if you attempt to apply for a Tier 2 Dependent visa for a new wife without the evidence of divorce, it will face a refusal as you are already married to someone else (and children too).

http://www.immigrationboards.com/immigr ... l#p1275662

[info-seeker]

All,
Many thanks for your replys.

I am a muslim and polygamy is allowed in India for us. I am not discussing more details about my marriage here, but still I would like to mention that it wasnt my interest to go with a divorce. I have made more than 5 attempts to fix thing in the past one and half year. Also I was about to make a dependant visa for her and my son in Jan 2016 before she left me completly. Now they are not even ready for reunion and I am getting compelled to get a devorce.

I still havent married or got into another relationship yet. It was just a clarification I needed if I get into one. If I marry someone it will be from India but then I want to take her with me to UK. What would be the right procedure to take my future partner/wife with me back to UK. I am a non-UK citizen and currently working there on Tier2 visa.

Regards
Info-seeker

[noajthan]

All,
Many thanks for your replys.

I am a muslim and polygamy is allowed in India for us. I am not discussing more details about my marriage here, but still I would like to mention that it wasnt my interest to go with a divorce. I have made more than 5 attempts to fix thing in the past one and half year. Also I was about to make a dependant visa for her and my son in Jan 2016 before she left me completly. Now they are not even ready for reunion and I am getting compelled to get a devorce.

I still havent married or got into another relationship yet. It was just a clarification I needed if I get into one. If I marry someone it will be from India but then I want to take her with me to UK. What would be the right procedure to take my future partner/wife with me back to UK. I am a non-UK citizen and currently working there on Tier2 visa.

Regards
Info-seeker

You can dig into such vital questions here:
www.parliament.uk/briefing-papers/sn05051.pdf

In a nutshell:

Polygamous marriages cannot be legally formed in the UK. Nor is it possible for anyone domiciled in the United Kingdom to enter into a polygamous marriage abroad

[Casa]

The Home Office aren't interested in why your first marriage failed.

In order for a Tier 2 dependent visa application to succeed it will be mandatory to submit a divorce certificate as proof that you are no longer married to wife number one.

Regardless of you being a Muslim, for the purposes of the UK Immigration Rules you are required to comply with British law, which doesn't permit polygamy.

No divorce certificate = No dependent visa.

[info-seeker]

Could I apply for 6 months visitor visa for my new partner and renew it after every 6 months until I get my divorce papers ready?

[CR001]

Could I apply for 6 months visitor visa for my new partner and renew it after every 6 months until I get my divorce papers ready?

Unlikely to be granted, new partner will have to show ties to home country. Six months is not a 'visit'. And no, you cannot extend a visitor visa unless there are exceptional circumstances.

[info-seeker]

All,

You can dig into such vital questions here:
http://www.parliament.uk/briefing-papers/sn05051.pdf

In a nutshell:

Polygamous marriages cannot be legally formed in the UK. Nor is it possible for anyone domiciled in the United Kingdom to enter into a polygamous marriage abroad

I dont have a permanent residenceship (=domicile) status at UK yet. I am on a Tier 2 workpermit. More over I had never applied for a dependant visa for my ex. She came to UK on a general visitor visa. But we had submitted our marriage certificate to prove that she is visiting her husband (me).

If I apply a visitor visa for my new partner explaining the fact that my divorce process is ongoing, would that be something which could possibly help me?

Many thanks
info-seeker

[noajthan]

I dont have a permanent residenceship (=domicile) status at UK yet. I am on a Tier 2 workpermit. More over I had never applied for a dependant visa for my ex. She came to UK on a general visitor visa. But we had submitted our marriage certificate to prove that she is visiting her husband (me).

If I apply a visitor visa for my new partner explaining the fact that my divorce process is ongoing, would that be something which could possibly help me?

Many thanks
info-seeker

Did you read the briefing paper?

Its not about settlement. Domiciled does not mean settled.

If you live here, work here and pay taxes here you are domiciled here.

UKVI is not in business of permitting multiple wives (or husbands) entry just because someone is a guest worker and/or not settled.

There is no quota of spouse visas so it doesn't help that you haven't used one yet.
And visit visas are not intended for residing on.

[Casa]

As you say you haven't started a new relationship, why not wait until your divorce with your wife is finalised rather than worrying about whether a visitor visa will be granted to a partner who isn't yet in your life?

[vinny]

If you live here, work here and pay taxes here you are domiciled here.

It may be more complicated than that.

[noajthan]

If you live here, work here and pay taxes here you are domiciled here.

It may be more complicated than that.

Indeed. But OP needs to understand he may be domiciled and so cannot assume he has carte blanche to marry willy nilly.

[info-seeker]

Hi I got divorced as per the Islamic rule "Talaq" (which is valid in India). I have letter from Wakf board (muslim authority in India holding records of marriages) stating I am divorced from my previous wife. I heard from my previous wife that they neither want to go to court nor sign a mutual divorce agreement. In this case can I use these records to inform UKBA that I am a divorced person.

Can they approve this? When I checked with my Lawyer I heard that only woman can get a decree document by filing a divoce against me. And as a man I don't need it for appliction of passport or any other documents as talaq is legal in India.

[Casa]

Was it a bare Talaq divorce

2.2.2 Under s.46(2) the validity of an overseas divorce obtained otherwise than by
means of proceedings (eg a bare Talaq divorce where the husband declares 3 times
"I divorce thee") shall be recognised if:
a. the divorce is effective under the law of the country in which it was obtained; and
b. at the date on which it was obtained:
i. each party to the marriage was domiciled in that country; or
ii. either party to the marriage was domiciled in that country and the other
party was domiciled in a country under whose law the divorce is recognised
as valid; and
c. neither party to the marriage was habitually resident in the United Kingdom
throughout the period of one year immediately preceding that date;

https://www.gov.uk/government/uploads/s ... ivorce.pdf

[info-seeker]

Dear Casa many thansk for your response.

I had sent a letter signed by two wintnesses saying I am divorcing my wife as per Islamic rule (Talaq). Talaq can be done by saying 1/2/3 times and if we dont reunite with in 3 months it is divoce. She is not my wife anymore as per the Islamic rules and I got certification for this from the Wakaf board authority in India. Indian legal system consider this as a valid document for passport applications.

In your quote - "neither party to the marriage was habitually resident in the United Kingdom
throughout the period of one year immediately preceding that date;" I didn't understand what is mean by habitually resident.

Will my tier2 work permit make me consider as a habitual resident of UK?

If I go to court by filing a case for divorce it might take years to get justice due to the slow process of legal systems in India. Which may not allow me to get married or bring my new partner with me to UK until that time.

If I get married again can I bring my new partner with me on any other visa? Can she apply for a visitor visa for 6 months saying she is visiting a friend.

[Casa]

"A person can have only one habitual residence. It is the place where the individual ordinarily resides and routinely returns to after visiting other places. It is the place he or she would consider to be "home" and it is established as a matter of geography over a reasonably significant period of time."


https://en.wikipedia.org/wiki/Habitual_residence

[info-seeker]

"A person can have only one habitual residence. It is the place where the individual ordinarily resides and routinely returns to after visiting other places. It is the place he or she would consider to be "home" and it is established as a matter of geography over a reasonably significant period of time."


https://en.wikipedia.org/wiki/Habitual_residence

Hi Casa,

Pardon me for repeating the same question. I have already read this from wiki but it is not very clear to me.

I am still an Indian citizen and visit india 2-4 time every year. Would that make India as my habitual resident? Or can my tier2 biometric residence card make me a habitual resident in UK?

[noajthan]

If you live and work in UK and have been in UK more than approx 3 months the chances are you are habitually resident in UK:
https://www.citizensadvice.org.uk/benef ... n-is-made/

[info-seeker]

I would like to add a few more bits of information I received from various sources with regards to this query.

This morning I spoke with UKVI and they said because I haven't already applied for a spouse visa they could consider my application with enough evidence when I marry a new partner. And they asked me to contact an immigration advisor https://www.gov.uk/find-an-immigration- ... an-adviser to get more details.

I had contacted an advisor and he said if I bring the evidence of my Islamic divoce letter/certificate from the concerned Imam I must be able use it towards the application. And because neither me nor my ex had filed any civil cases there is no way we could submit a decree certificate of divoce to UKBA. But he said the decision is entirely up to the case worker.

Can anyone anylise these and give me some advise on this please.

[Casa]

I hope the immigration advisor is aware that the UKBA was disbanded in March 2013.

[info-seeker]

If you live and work in UK and have been in UK more than approx 3 months the chances are you are habitually resident in UK:
https://www.citizensadvice.org.uk/benef ... n-is-made/

Hi noajthan,

It is mentioned clearly on my visa that I am not eligible to claim any benifits and also I am a restricted to work within the duration of my visa for a specific employer. I have to leave UK after that. Is this article only applicable to EEA national?

[info-seeker]

I hope the immigration advisor is aware that the UKBA was disbanded in March 2013.

Sorry I was using that term not him. It was my mistake