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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi there , I just wondering if you could help me with my

Resolved Question:

Hi there ,
I just wondering if you could help me with my wife's Visa, she just had her visa refused by the British embassy in Tunisia, based on this :

You have provided your divorce certificate which states that your divorce from Lin
Chaabane was made final and absolute on 24h September 2010. you have presented a marriage certificate which stales that you married on 27th January 2010, before you were
officially divorced. I am therefore not satisfied that your marriage is valid. therefore
refuse your application under paragraph EC-P.1 .1 (d) of Appendix of the immigration

My question to you, is there anything we can do to rectify the mistake ?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

When and where did your get married to your wife?
Customer: replied 3 years ago.

Hi thanks for your prompt reply ,


 


I got married 27th January 2010, in Tunisia , as I have dual Nationality in accordance with Tunisian law I am free to marry .


 


at that time I was going through the divorce and I didn't get the decree nisi not until 24h September 2010



Thanks

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

If bigamy/polygamy is permitted in Tunisia and both of you were domiciled in Tunisia, then your marriage was valid under Tunisian law and it is really not an invalid marriage as claimed by UK Visas and Immigration.

However, under UK immigration law, you would only be permitted to sponsor one wife for a UK spouse visa.

I would suggest that you appeal and enclose an opinion from a local Tunisian lawyer confirming that your marriage is indeed valid in Tunisia as it took place in Tunisia where both of you are domiciled.

I would expect you to win the appeal.

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