Two Wives, One Marriage

Danielle Cohen
By Danielle Cohen Immigration Law Solicitor Linkedin
Danielle Cohen has over 20 years of experience as a lawyer and a reputation for offering professional, honest and expert advice.
30 April 2019

We have submitted an application for entry clearance for the fiancée of a British national.  The applicant previously made an application to join her partner who she married in July 2011 in Morocco. The entry clearance officer took the view that the sponsor’s divorce from his first wife came after the marriage, and therefore the marriage was not accepted.  On the basis that the sponsor was not free to marry the applicant, we were making an application for her to come to the UK as a fiancée.  They provided evidence that their relationship was genuine and subsisting.

Regrettably the application was refused and we lodged Grounds of Appeal.  On 22nd January 2019 the entry clearance officer stated we failed to provide evidence of the financial requirements.  We provided with the Grounds of Appeal all the evidence that we provided in the original application and demonstrated beyond any doubt that we had provided all the relevant financial evidence. The decision to refuse the application was withdrawn and the application was successful.  There was a serious misdirection on the evidence, and failure to take relevant evidence into account. The couple can now be together especially as there is a British child of this marriage and it is in the best interests of the child to be with mother and father.