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Clare
Clare, Solicitor
Category: Immigration Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I am married in 2007 in uk, we never shared bed and she left

Resolved Question:

I am married in 2007 in uk, we never shared bed and she left me 1 week after marriage, she stayed at other place till 2010 and finally her visa finished she left this country and got married to someone else in her own country India. I have never sponsored her or given my name in any of her documents, I had no communication with her from last 7 years. I never applied for annulment of marriage or divorce. Because of religion belief I want to annull the marriage now.
Now I got married in India last month after 7 years 4 months of saparation, as I am married in different country do I come under bigamy offence. And can I sponsor my wife and bring her to uk on dependent visa or visiting visa. I have two question.
1. By marring in abroad do I commit bigamy? ( marring in uk twice is bigamy)...
2. Can I bring my wife whom I married in India last month to uk as my dependent ?.
3. Can I proceed my case of marriage annulment while I am in uk with my present wife?.
Plz help sir I need you advise to go forward.
Thanks
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Clare replied 2 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.
Did you declare that you were already married when you got married in India?
if you did then is your marriage legal in India?
Clare
Customer: replied 2 years ago.
I am Indian and my marriage took place in India as per the Indian law and church law. My marriage in uk was a never consummated as she left Just after one week and I was married in force and she blackmailed me to marry her as I own some money, after marriage she wanted me to add her name on my passport which I dinied and she left me.
As per the Indian law and my religion I only feel my Indian marriage is done in true faith and with parents involvement.
We consider tieing note in the nick is marriage.
In India i have not told any one about marriage in uk. But my Indian marriage is legal in India.
Expert:  Clare replied 2 years ago.
Hi
Will it still be legal if the Indian authorities were aware that you were legally married in the UK?
Clare
Customer: replied 2 years ago.

Yes its legal in india

Customer: replied 2 years ago.

Yes its legal in india as its my first and only legal marriage in that country and rules of uk dont implies in india.

"I have just got this below information from findlaw.uk website can u also tell me whatbit means?

What if a person legally married in the UK marries someone else abroad?

Being married to more than one person at a time is recognised in England and Wales if it took place in a country that allows marriages of this kind (not in the UK) and both parties were legally free to marry in this way. Therefore, if someone legally enters the UK and already has three wives under a foreign law, then they will not be considered to be committing an offence in the UK (provided they do not enter into another marriage ceremony within the UK).

However, this may also mean that someone who is legally married in the UK could potentially marry someone else abroad, as marrying abroad means that the offence of bigamy under UK law is not applicable. However, he or she may be guilty of an offence overseas depending on whether the county he or she marries in criminalizes polygamy.

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.

In 2008, the UK government gave the go-ahead for husbands with multiple wives to claim extra welfare benefits, so long as the weddings took place in countries where the arrangement is legal (as is permitted under Islamic law)."

Thanks

Expert:  Clare replied 2 years ago.
Hi
Actually India DOES recognise Uk marriages and accordingly you may well have committed Bigamy in India.
Of course if in fact you are speaking of a Nikah this would be a different issue
However that is a matter for the Indian authorities and you have not committed bigamy here in the UK.
However the Indian marriage will not allow you to bring your new wife to the Uk on a Spouse Visa - until you are no longer married to your first wife
Given the circumstances you will in fact find it easier to obtain a divorce rather than an annulment unless you know where your first wife is living
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thanks by the answer you have given...

1. I have not commited bigamy in uk right?.

2. If i can not bring her on wife visa can i bring her on fiance visa or visiter visa.

3. If i bring my wife to uk and if some one report about my indian marriage to police in uk will i be have any problem here in uk.

4. Can i just stay here in uk till annulment or divorce is done and then go back to uk and bring my wife on wife visa..

5. I want to know if i bring my wife to uk on fiance like family visa to uk, she can stay with me here till my uk marriage is annuled or divorce. I just want to tell you that the indian auothorities dont know about my uk marriage and i never added any one on my passport.

Plz awaiting for ur answer.

Expert:  Clare replied 2 years ago.
Hi
1. Correct
2. You can only bring her here on a Visitor visa.
3. No as your second marriage is simply not valid here in the UK
4. Yes
5. She cannot come here on a family visa.
You have almost certainly committed bigamy in India and you may need to go through a further ceremony in order to bring your second wife to the UK
Clare
Customer: replied 2 years ago.
Hi Clare,
Few more things.
1. Can u please give me the law details or Act, where it say that in uk I have not committed bigamy for my references.
2. In case if I go to India before annulment in uk and if the girl who left me before complaints to police will I be having any problem, also how can they prove that I got married in uk as no one knows about it expect the girl and married and marriage was never consummated. And this many years she also never told any one about it in India. Also give me some tips if any thing happens like this what should I say to protect myself in India.as I am going to bring my wife to uk on visit visa to uk.
3. And again can you please give me the Act notes which say my secound marriage is not valid in uk.
4. So Clare I can bring my wife to uk on visitor visa till annulment is done and then marry her here in this country, in that case my marriage is legal in uk and india.?
5. What is annulment ? And once annulment is done what happens to the church records where we got married, as I know that annulment is something which states that marriage never took place in the beginning itself.
Thanks
Expert:  Clare replied 2 years ago.
Hi
Just to check - you do realise that you have indeed committed bigamy in india?
Clare
Customer: replied 2 years ago.
Hi Clare
Yes I only came to know when you mentioned about it. But in India 100 of people comit bigamy its between families and understanding, the girl whome I got married in uk she is almost gone and stayed somewhere for 7 years and I have no record of her where she is. I don't think she will come and report about this to any one as it will effect her in future and family reputation in society.
I have already filed papers for annulment last week and it will take 18 weeks to get the marriage annulled.
Now my only concern is to bring my wife from India to uk and stay here till my uk marriage is annuled and then apply for spouse visa to her or get marry here to her again so that it will become legal in uk and India.
Other question I want to ask is my uk marriage will be annuled in 18 weeks time after its annuled can I use my Indian marriage certificate for sponce visa as it will be dates before annuled date.
Please explain me step by step what to do to set all things right as I want to grow in life and get good name for my parents and to be a good citizen and I will not ask any more question to you mam.
Thanks
Expert:  Clare replied 2 years ago.
Hi
Have you actually issued the proceedings to annul the marriage?
What makes you think it will take 18 weeks?
Clare
Customer: replied 2 years ago.
Yes I have and My lawyer told me it will take 18 to 22 weeks and I have paid the court fee 410 ponds last week.
Expert:  Clare replied 2 years ago.
Hi
I think that is optimistic - but we can hope
You cannot bring your new wife to the Uk to live until this matter is resolved.
You will then have to bring her here on a fiancee visa and go through a further ceremony here
Clare
Customer: replied 2 years ago.

What do u mean by optimistic and once my uk marriage is annuled what happen to the church records... what is annuled means does it means my marriage never happened.

After annuled will my marriage in india automatically becomes legal in uk.

Expert:  Clare replied 2 years ago.
Hi
I mean that you will have to show that you have made every effort to trace your ex and serve her with copies of the paperwork - and 18 weeks does not allow a great deal of time for that.
The Church record of your marriage will remain - the annulment does not mean that is never happened - it simply means that is was "cancelled" as you did not complete matters
Since the Indian marriage took place whilst the UK marriage was still valid it will not become legal in the UK - ever
Clare
Customer: replied 2 years ago.

So a 6 month time is sufficent for court to annulment the marriage. The problem is i dont know where she is.....

Expert:  Clare replied 2 years ago.
Hi
You will have to show the court that you have made every possible effort to trace her - once you do that the court should allow the matter to go ahead without serving papers on her
Clare
Customer: replied 2 years ago.

Hi clare

Hope u r fine

I have requested you to please give me the details of law where it says that i have not commited bigamy in uk.

I have made many visit to india in search of her and in one occasion other people told me that their family willions and they will kill me if i approach them. As she is now married.

Expert:  Clare replied 2 years ago.
Hi
The definition is here
http://www.findlaw.co.uk/law/family/other_family_law_topics/500406.html
Clare
Customer: replied 2 years ago.

Hi clare

As i told the marriage in 2007 was a trap and i was in duruss and in pressure of debt i have obeyed to it....but i have just got the marriage cetificate and notice that my name and her name both are different to our passport...i mean to say only first name is ***** ***** surname is ***** ***** do anything about it....can i say i was not the person...plz help me i want to come out of this problem and live nice life....

Plz advise me or can u take up my case and help me in annulment.

Expert:  Clare replied 2 years ago.
Hi
No you must go ahead with the annulment that you have started - it will solve your problem in the long term
Calre
Customer: replied 2 years ago.

Hi clare hope u r fine few more questions plz

1. As i told you i never mentioned to home office in uk and india about my marriage which took place in uk in 2007 and the details are also not in uk marriage registra... now when i apply for my wife viditong visa as fiance can home office knows that i got married in uk in 2007....i have applyed visiting visa for my bro and mum three time in last 4 years and i kept my status as single. And they got viditing visa...

Can i bring my wife on a visiting visa?

Another question is

Now my uk marriage is under annulment process and it is filed with court in sunderland...do home office will have this information on their file or its just between me and court..

Expert:  Clare replied 2 years ago.
Hi
If you were legally married in the UK then it is on record at the General Registrars Office
There will be no record of the annulment until it is completed
Unless you wish to jeopardise a future spouse visa do not bring your second wife here until matters are resolved
Clare
Customer: replied 2 years ago.

Hi clare

What is the meaning of jeopardise ?

So Home office will not have any records of my marriage right ? Will home office in any situation tries to find out my marital status in this country...if yes on what condition they will check.

My wife in india whom i married wants to come to uk and stay with me for one month on visiting visa as friend or fiance can i atleast do that.

Expert:  Clare replied 2 years ago.
Hi
It mean "put at risk"
Yes the Home Office may well decide to check the records when you apply for the spouse visa for your wife,
It would be better if your wife stays where she is until she can apply for her spouse visa
Clare
Customer: replied 2 years ago.

Thanks clare

Can i bring her on student visa ? And untill this matter is resloved she can stay here with me and then get marry here again..

Expert:  Clare replied 2 years ago.
Hi
That is up to her
Clare
Clare and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi clare

Good afternoon hope u r fine,

Can i know how long a annulment process takes place maximum what you think it can take ?

I have provided the court with following evidance

1. My 9 times traveling to india from 2008 to 2015 travel tickets

2. My passport with immiragation stamp that i visited india and its states.

3. My uk travelling bus tickets.

4. Her letters which i collected from her land lord which states that she never told any ine that she is married as the letter from her phone bill, bank statements, and house bill says she is MISS not MRS.

can u tell me max time a annulment process will take

Expert:  Clare replied 2 years ago.
HI
I am sorry - what is the relevance of those items?
On what ground have you sought an annulment?
Clare
Customer: replied 2 years ago.

Annulment on the bases of duruss, and not conssumated....and all the documents i am providing to prove that i made my job in searching her and trying to locate where she is from the time she left me...

Can u tell me max time it may take for annulment plz

Expert:  Clare replied 2 years ago.
Hi
Did she actually refuse to consummate the marriage?
What Duress were you under?
Clare
Customer: replied 2 years ago.

Yes, she said she will only consummate after i add her name to my passport as wife....i told her it will take time and any why i will do it....in the mean time her brother and family members called her and ssid they dont consider this as marriage and if i do any thing to her they kill me...

I was suppose to pay her dome money before marriage and she said if i marry her then i dont need to pay her any money...so i was in duress dont know what to do...and to come out of that debt i said ok to marriage.

Expert:  Clare replied 2 years ago.
Hi
You certainly have grounds on her wilful refusal to consummate the marriage so provided you have made every possible effort to trace her there is a good chance that the annulment could be through within 3 to 4 months - maybe less
Clare