spouse visa (married before divorce)

[mazbridge]

Hello everyone

I got married to my ex British wife in 2007, we have two Boys our marriage break down and we separated in 2011, I left the country and I went back to my home country I opened my own business, I got married back home in 2013 and I was coming to UK only to see my boys from previous marriage, I have now two kids from my current wife, in 2013 I have applied for divorce and the judge issued first letter from court November(2014) saying our divorce proceedings begins as we separated for two years means(2012). Because I was only coming to see my kids and not stayin for long in the UK the divorce took long and the issued me decree of absolute September2016, now I want to get a visa for my wife and two kids I got no clue about the rules I need your advice guys, I'm still on ILR my problem is I haven't applied for British passport yet because I was outside the UK for long time I only come to see the boys, I don't to apply and get rejected as I was reading some cases been refused cuz they were married before getting divorce

Can I bring my wife as a fiance with kids? Or just apply and go throw appeal? 're married again ? Confused

Much appreciated

[noajthan]

Married second time in 2013.
Was that an official marriage or a religious marriage of some sort?
Divorced from first wife in 2016.
- is that it?

How long have you been absent from UK?
Where are you now?
Are you sure you still have UK ILR?

[mazbridge]

Hello Noajthan

1. My second marriage was Islamic marriage

2. Yes divorced September 2016, but the court start process our divorce case because we separated 2012.

I got my ILR in 2010 I left UK 2011 and then I was coming every year to see my boys now I'm in the UK I came in May 2016 start working full time since August went back home in October for two week's and back since then I been working for the last 6 month since August and now I want to apply for my wife and two kids to come and joint me here

Thanks

[CR001]

2. ...... but the court start process our divorce case because we separated 2012.

When the court process was started is irrelevant. It is the date of the decree absolute that is relevant.

[noajthan]

2. ...... but the court start process our divorce case because we separated 2012.

When the court process was started is irrelevant. It is the date of the decree absolute that is relevant.

To maintain your ILR status you would have to have been nominally resident in UK (even if you don't actually seem to have been resident from approximately 2011- mid 2016).

So, as a UK resident, any sort of polygamous marriage won't be recognised in UK as you would not have been permitted to contract it.
(And you were fortunate to retain your ILR).

As you married second wife whilst still married to first wife your second wife won't be recognised as your spouse.
So second wife cannot apply for a spouse visa.

[mazbridge]

Thanks all for ur respond

I didn't stay away from 2011 to mid 2016, I was coming to UK every year 2014 I stayed for one year so it was like in and out but every year to see my kids in here,

I went back to my home country last October and I registered my marriage in court from October as we allowed to do that because my marriage in 2013 was just religious Islamic marriage, and now it's official from October last year, can I still apply or not ??

If not how can I apply for my wife to come ? As fiance ?? And can I apply for my kids separate??

Please advise me !!!

[Casa]

No you can't apply for a spouse visa as your second marriage isn't recognised under British law.

You can apply for a fiance visa and marry in the UK but you also have the issue of applying for settlement visas for your children currently living outside of the UK. You may be asked to submit a DNA test to prove your children's paternity.

How much do you earn annually?

[mazbridge]

Hello casa, I was reading your replies guys to other and u seem very knowledgeable and actually helps me a lot,

I will take your advice and apply for the fiance visa to my wife. But I don't know why will be issue to apply for my kids , kids age are 6months old boy and 2.5 years girl, I want to make three applications together ?!
My employment is UN salaried, my pay is different every week , I just started work for this company last 6 month I get bout 14k+ before tax , approx 29k+ annually it depends on the hours,
is any possible that will be issue for the kids to be granted a visa ??

Many thanks

[vinny]

... the divorce took long and the issued me decree of absolute September2016, ...

I went back to my home country last October and I registered my marriage in court from October as we allowed to do that because my marriage in 2013 was just religious Islamic marriage, and now it's official from October last year, can I still apply or not ??

Does this mean that you were legally married only after your divorce?

[mazbridge]

Hi vinny

I travelled back last October to register my marriage in court basically according to UK law I'm married since last October. In my country I was married since 2013 but registered the marriage in court last October.

I hope you got my point, I don't know if that clear regarding to UK law , even if not recognized in the UK and apply for fiance instead of spouse visa will be issue to my children?? And I believe home office asking for more evidence (photos , etc) can I show them photo of our wedding as prove that it's genuine relationship and kids involved.

[mazbridge]

Hi everyone

Is any one got same case as mine to share I'm really stuck

Regards

[vinny]

If the UK considers that the only valid marriage was after the divorce, then you may apply for a spouse visa.

[mazbridge]

Thanks vinny, is possible to tell me what the right application for the kids visa , and which form of the financial requirements, and other forms

Much appreciated