Polygamy .... Bigamy !!!

[5am1224]

Hi,
Are Muslim men with dual nationality are legally allowed to marry a 2nd wife outside the UK while he still married in the UK if the other country in which the marriage is celebrated permits and allows polygamy with no intention of applying for the 2nd wife to settle in the UK? is it Legal to do so with no breaking to the UK LAW!!!
I really appreciate your response.
Thanks

[des8]

Re: Polygamy .... Bigamy !!!

The British state does not recognise polygamy, which is illegal.
Muslims arriving in uk (Man with eg 3 wives) are treated as a couple (man & wife) and two independent persons.
If, having married in the UK, he went elsewhere and "married" again, the marriage would not be recognised i the uk.
Any sexual relations would be regarded as adulterous, and any resulting children as illegitimate
Here's a Parliamentary note about the situation http://www.parliament.uk/briefing-pa...05051/polygamy

[5am1224]

Re: Polygamy .... Bigamy !!!

The British state does not recognise polygamy, which is illegal.
Muslims arriving in uk (Man with eg 3 wives) are treated as a couple (man & wife) and two independent persons.
If, having married in the UK, he went elsewhere and "married" again, the marriage would not be recognised i the uk.
Any sexual relations would be regarded as adulterous, and any resulting children as illegitimate
Here's a Parliamentary note about the situation http://www.parliament.uk/briefing-pa...05051/polygamy

Thanks for your response.

According to the link provided, it states 'polygamous marriage to be considered valid in the UK, the parties must be domiciled in a country where polygamous marriage is permitted, and must have entered into the marriage in a country which permits polygamy.'


This mean if the husband entered a 2nd marriage using his 2nd nationality in a country permits polygamy in this case he will not be breaking any UK LAW .... is that correct?

Also, you have mentioned that any children from the 2nd marriage will be illegitimate ..... does that mean the children from the 2nd marriage can not be registered in the UK?

Thanks in advance.

[des8]

Re: Polygamy .... Bigamy !!!

Someone who is legally married in the UK could potentially marry someone else abroad if that country allows polygamy, as marrying abroad means that the offence of bigamy under UK law is not applicable, but the "wife" would not be granted a spousal visa.
The Immigration Rules state that a person should not be granted a UK spousal visa if their marriage to the UK sponsor is polygamous and there is another person living with the sponsor in the UK who is also their husband or wife. Therefore, a man married in the UK cannot obtain a spouse visa to bring a second wife into Britain.
Confusing or what? It's not illegal but he wives aren't considered as wives!

Children born in UK have to be registered, legitimate or not.

[5am1224]

Re: Polygamy .... Bigamy !!!

Thanks again for your reply,

So it's not illegal .... but regarding the children, if he has a new born baby from a non British non EU ex wife, the baby is registered under his father and mother in the country the baby was born in, the question is, if the British father is not willing to register the baby in the UK, would the mother be able to register the baby without the father permission!!! in another way .... would the British authority register the baby without the British father permission if the mother applies for baby registration in the UK??

Thanks

Thanks

[Kati]

Re: Polygamy .... Bigamy !!!

I don't know about other countries ... but I was brought up in a 'polygamous' household (mum now lives with her boyfriend, his WIFE and his other woman)

I can't see that the UK legal system could actually stop this happening (:sorry so long as the 2nd wife didn't ever stay here (as his wife), but I would be more than willing to ask for you??

K xx

[des8]

Re: Polygamy .... Bigamy !!!

This is getting complicated!
I thought at first it was going to be an "in theory" discussion, but it seems a lot more personal and important than that.
Perhaps the full story?
Regarding your latest question the answer is "it depends", and you don't give enough information about the parent's status to answer
You might find this in useful: http://www.aboutimmigration.co.uk/re...-national.html

[des8]

Re: Polygamy .... Bigamy !!!

I don't know about other countries ... but I was brought up in a 'polygamous' household (mum now lives with her boyfriend, his WIFE and his other woman)

I can't see that the UK legal system could actually stop this happening (:sorry so long as the 2nd wife didn't ever stay here (as his wife), but I would be more than willing to ask for you??

K xx

Such a household is not illegal, but there is only one wife. It is illegal in the uk to marry for a second time whilst still married.
Obviously such arrangements do exist, The Marquess of Bath famously referred to his wifelets!

[5am1224]

Re: Polygamy .... Bigamy !!!

Thanks Kati, des8 for your quick response.

I am asking on behalf of a friend, there is a 1 year old baby from the 2nd marriage born outside the UK, the father is British and hold another nationality, things didn't work between the couple in the 2nd marriage as the 2nd wife is so selfish and all what she is after is money, nothing else.
the 2nd wife is seeking divorce through court in the country where marriage took place, now she is trying to register the baby in the UK so she can get British passport for the baby in order to settle in the UK after getting divorce, her solicitor in the UK said that he will be able to register the baby in the UK even if the father doesn't give permission .... is this true?

Thanks again

[Kati]

Re: Polygamy .... Bigamy !!!

I agree (wholeheartedly) :nod:

[Kati]

Re: Polygamy .... Bigamy !!!

does the father hold British nationality (as well as his other)?

Is his (father's) name on the birth cert?

[5am1224]

Re: Polygamy .... Bigamy !!!

does the father hold British nationality (as well as his other)?

Is his (father's) name on the birth cert?

The father is holding British nationality and the father's name on the baby certificate where the baby was born.

[des8]

Re: Polygamy .... Bigamy !!!

It isn't that easy..... it depends on the basis of the fathers citizenship: http://www.aboutimmigration.co.uk/re...-national.html
Registering a Child as a British Citizen
It may be possible to register a child born outside the UK to a British citizen by descent as a British citizen if:

• The parent was born to a British citizen otherwise than by descent and satisfied a minimum qualifying residence period in the UK of 3 years prior to the child’s birth. An application to register a child on this basis must be made before the child is one-year-old. The child would become a citizen by descent and therefore would generally not be able to pass on British citizenship to his or her own children. OR,
• The child and both of its parents have lived in the UK for a minimum qualifying period of three years. If both parents agree to the child being registered as a citizen, applications may be made on this ground up to the child’s 18th birthday. A child registered as a citizen on this basis will become a citizen otherwise than by descent and will be able to pass citizenship on to his or her own children. Children over 10 must be “of good character” to qualify for registration which means that they must have respected the laws, rights and freedoms of the UK.

Children who would otherwise be stateless may also be entitled to be registered as British citizens.For children who do not satisfy all the requirements for registration, but in respect of whom there may be some good reason why they should be registered as British citizens, it is possible that the Home Secretary could exercise his discretion to agree that they should be registered as British citizens.
Registering a Child Born Outside the UK for Another Type of Nationality

Even if a child does not satisfy the requirements to be registered as a British citizen, it may qualify for another form of British nationality. Depending on the type of nationality being applied for the application may be entirely discretionary or there may be specific requirements which must be met.

There could also be a problem for the child if the country where he is registered does not allow dual citizenship!

[5am1224]

Re: Polygamy .... Bigamy !!!

The father became British only 2 years ago, and the father has sent a letter and email to the British embassy in the other country to inform them not to register the baby without having a DNA check.

[Kati]

Re: Polygamy .... Bigamy !!!

Is the father wanting to have the child live with him? or is the mother going to keep him/her?