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Guidance Needed on Sponsoring My Second Wife and Children from Pakistan

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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londonarmy
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Guidance Needed on Sponsoring My Second Wife and Children from Pakistan

Post by londonarmy » Mon Jul 01, 2024 3:24 pm

I am writing to seek guidance on my current immigration situation and the possibilities of sponsoring my second wife and children from Pakistan.

Here is a brief overview of my situation:

I first came to the UK in 2006 and unfortunately overstayed my visa from 2009.
In 2010, I married my British girlfriend at the time. However, my FLR(M) application was refused due to my overstay.
I remained in the UK, attempting to regularise my status until 2014, when I left voluntarily to apply for a spouse visa from Pakistan.
In 2015, while in Pakistan, I married my current wife with the approval of my British wife. This marriage was for personal reasons and is registered in Pakistan.
I returned to the UK in 2017 as a dependent of my British wife. Unfortunately, my British wife divorced me in 2023. We did not have any children.
I am a British national and have the decree absolute from my divorce here in the UK.
Given this background, I would like to know if I can sponsor my wife and three children from my marriage in Pakistan to come to the UK. I understand that my marriage in Pakistan was not initially recognised due to my existing marriage in the UK, but now that I am divorced, I seek clarification on my options to bring my family here.

Could you please guide me on the steps I need to take and any specific documentation required for this process? Any assistance or advice on this matter would be greatly appreciated.

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Casa
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Re: Guidance Needed on Sponsoring My Second Wife and Children from Pakistan

Post by Casa » Mon Jul 01, 2024 5:12 pm

Divorce from your first wife doesn't legalise your second marriage. Under British law you weren't free to marry in Pakistan at the time.

Your only option would be to apply for a fiance visa and re-marry in the UK within 6 months of her arrival. This assumes all the entry criteria is met, including the required annual income level (currently £29,000 per year), English language A1 level test, documented evidence of a genuine relationship etc.

I will leave others better placed to advise on the relevant application for your dependent children.

https://www.gov.uk/uk-family-visa/partner-spouse
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

londonarmy
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Joined: Mon Feb 25, 2013 9:22 am

Re: Guidance Needed on Sponsoring My Second Wife and Children from Pakistan

Post by londonarmy » Mon Jul 01, 2024 5:27 pm

Thank you Casa for your prompt and helpful response.

I meet all the requirements for the fiance visa, including the annual income level, English language A1 level test, and documented evidence of a genuine relationship. However, I have a few more questions:

Since I have been married to my current wife in Pakistan since 2015, would this affect the fiance visa application negatively? Specifically, does applying for a fiance visa mean I should not include my Pakistani NADRA marriage certificate with the application?

Could anyone provide guidance on the application process for my dependent children please? Where do they fit in the fiance visa application?

Additionally, I have been advised that if I can somehow change the date of my marriage on my Pakistani marriage certificate to 2023 (which I have been told is possible), it would be easier to sponsor my wife and children on a spouse visa. If a new marriage certificate is issued with a 2023 date, would it then be possible to apply for a spouse visa?

secret.simon
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Re: Guidance Needed on Sponsoring My Second Wife and Children from Pakistan

Post by secret.simon » Mon Jul 01, 2024 5:53 pm

Based on your username, do you currently serve in either the Pakistani or the British military?
londonarmy wrote:
Mon Jul 01, 2024 5:27 pm
I have been advised that if I can somehow change the date of my marriage on my Pakistani marriage certificate to 2023 (which I have been told is possible),
You can see why that would make official documents issued in Pakistan untrustworthy.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

londonarmy
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Re: Guidance Needed on Sponsoring My Second Wife and Children from Pakistan

Post by londonarmy » Mon Jul 01, 2024 6:09 pm

@secret.simon, yes, i have served in the military in the past and left voluntarily as it wasn't for me.

I understand your concern about the trustworthiness of official documents issued in Pakistan, especially regarding changes to the marriage certificate. I agree that it raises valid questions. However, if it is possible to make such changes—which I am not certain of yet—I feel that I may have to explore this option to bring my family over to the UK.
I appreciate any further advice you or others might have regarding this matter. Would it be possible to apply for the spouse visa?

secret.simon
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Re: Guidance Needed on Sponsoring My Second Wife and Children from Pakistan

Post by secret.simon » Mon Jul 01, 2024 6:30 pm

londonarmy wrote:
Mon Jul 01, 2024 6:09 pm
Would it be possible to apply for the spouse visa?
Not really. The Immigration Rules explicitly provide rules to discourage polygamous marriages.

When did you become a British citizen and were your children from your second marriage born before or after the date of your naturalisation ceremony?

Re the question about membership of the Armed Forces, the financial rules for serving members of the Armed Forces may be different. But as you no longer serve, that line of inquiry is moot.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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