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Clare
Clare, Solicitor
Category: Immigration Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Dear SirsI have an immigration issue. In 2007, I married

Resolved Question:

Dear Sirs
I have an immigration issue. In 2007, I married to a British citizen in Pakistan and came to Britain as spouse of British citizen. I then became British citizen in 2010. At the same, my son was borne.
In 2011, my wife asked me to move out as she did not want this relationship any more. Therefore, we separated and I had to move out and have been living on my own since then. Although, neither of us went through the divorce process.
Recently, I went to Pakistan first time since 2007. My old mother is living there alone and she is disabled. Because of the family pressure, I married there to a new woman. I had to agree with that so someone could live with my mother. Though it was an arrange marriage but I knew the woman.
It was in my mind that I also married first time in Pakistan in 2007, so I only need to inform to the Pakistani registrar office about the end of my first marriage.
However, a local solicitor here in the UK has told me that my 2nd marriage will not be considered valid in the eyes of UK law if I want to bring my 2nd wife here. In order to bring her here, first I need to get the decree absolute in UK and then go to Pakistan again to remarry and then submit her spouse visa application.
I can sponsor my new wife because I can meet the requirements e.g. have a full time job, accommodation and earn over the minimum threshold. However, I feel myself in great trouble now. I have few questions to ask.
1. Did the local solicitor here advised me correctly?
2. If my new wife cannot come to UK on spouse visa yet, is there any other category i.e. visitor, fiancé so that she can come and visit me just for a month and later on she can apply for spouse visa.
3. If she can, is it ok to tell British High commission that we are already married but we’ll remarry again for the purpose of spouse visa?
4. How it will effect if my new wife have a child before coming to UK and before I get decree absolute here.
5. Any other possibility?
Yours faithfully,
Hamid Raza
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
1. Yes this is correct - if you wish your new wife to come here on a spouse visa you must first divorce your first wife here in the UK
2. She can come here as a visitor - but to apply for a Spouse Visa she will have to return to Pakistan.
3. If she tells them that she has married you then it is unlikely that a visa will be granted at all
4. It will not effect anything at all
5. No I am afraid that your only option is to process a divorce as soon as possible and then either remarry abroad OR apply for a Fiancee visa and remarry here
Clare
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