Second marriage

[znemo1444]

Hi,

A friend of mine was married in the UK and was getting divorced from his first marriage, he holds dual nationality, during the divorce process he went abroad and got married in a country that permits and allows polygamy, his 2nd marriage was registered abroad, he is now divorced from his 1st marriage and wants to register his baby as a British citizen and then apply for his wife to join him and settle in the UK, the question is, can he apply using the marriage certificate issued abroad even though the marriage date was before he got his final divorce from his 1st marriage? would he face any issues with UK law and Immigration?

Your response will be much appreciated.

Thanks

[Kati]

Re: Second marriage

Was his 2nd marriage performed in a country where polygamy is legal?

[znemo1444]

Re: Second marriage

Hi Kati,

Thanks for your response.

Yes, he holds dual nationality, and he used his 2nd nationality to get married in a country that allows Polygamy.

His 1st marriage already ended and he got his final divorce, but again his 2nd marriage certificate has been issued and registered abroad before he was fully divorced, so can he still apply for his 2nd wife to join him in the UK using the marriage certificate from abroad as he used his 2nd nationality to get married?

Thanks

[MissFM]

Re: Second marriage

Hi znemo
Intriguing question - don't know if the below helps?

http://findlaw.co.uk/law/family/othe...cs/500406.html

If your impending marriage is to be the second (or third or fourth) marriage for one or both spouses, you should check that all the formalities for the dissolution of the previous marriages are in place. If the old marriage is not properly dissolved due to a technicality, you may still be considered to have committed bigamy if you go ahead with your second marriage, and the new marriage will then be void.

https://www.gov.uk/government/upload...0/marriage.pdf

primary consideration should be given to whether the marriage is valid in United Kingdom law. If it is not, the application should be refused on that account alone - without considering the provisions of the Rules relating to polygamy;
- the order in which polygamous wives come to the United Kingdom for settlement is the important factor – not the order in which they marry the husband. If wife number 2 is admitted to the United Kingdom on the basis of the marriage before wife number 1, she may prevent wife number 1 from coming;
- Applications received before 1 August 1988 are not covered by section 2 of the 1988 Act and may be granted if the marriage is valid and, unless the applicant is a section 1(5) beneficiary, if the public funds requirements of the Rules are met.
- Government policy relating to polygamy, as reflected in section 11(d) of the Matrimonial Causes Act 1973 and section 2 of the Immigration Act 1988, is extended by virtue of paragraphs 278-280 of HC395 (as amended by Cm 4851), to cover the position of polyandrous husbands. See section 9 of this document.
Although the Immigration Rules prevent two spouses from being sponsored under the spouse visa route by the same partner, it is possible for all parties to a polygamous marriage to be legally present in the UK. For example, a second spouse may qualify for entry to the UK in their own right, in a different immigration category.11
9 HC Deb 17 October 2011 c654W
10 Home Office, Immigration Directorate Instructions, Chapter 8 Appendix FM, Annex FM 1.4, ‘Polygamous and potentially polygamous marriages’, July 2012 [viewed 28 April 2014]. See also UKBA, Immigration Directorate Instructions, Chapter 8, section 1, Annex C, ‘Polygamous and potentially polygamous marriages’, November 2009 for similar guidance for applications made before 9 July 2012
11 Home Office, Immigration Directorate Instructions, Chapter 8 Appendix FM,

It all seems rather ambiguous doesn't it? But to me the suggestion is that the marriage would perhaps not be considered valid (as a means of immigration) in the UK in view of the overlap.