my parents were married under muslim sunni law in south africa and i was recently told by the home office when i applied for right of abode that its not recognised under uk law for the intended purposes due to their polygomaus nature.Can any one shed some light on this or know of an act that can help with this?
2006-10-17 02:41:50 · 10 answers · asked by mielo 1 in Politics & Government ➔ Immigration
im applying for right of abode through my parents and they wont recognise the marriage certificate as a legitimate document.
2006-10-17 19:21:45 · update #1
are you surpirsed? in this country you are only allowed legally marry one person, whether you are male or female, so therefore if you mother is the 'second wife/sister wife' - it is not recognised in this country, in fact nder the laws of this country if a person marries another person while still married - they commit biggamy, and the marriage to the orginal person - unless they are divorced is recognised. You could always move to a country where this practise is regocnised - like Iraq/saudi arabia/united arb emmirates/india/africa etc, failing that its legal advise
2006-10-23 00:02:57 · answer #1 · answered by Mercy J 2 · 1⤊ 0⤋
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2016-04-16 09:43:50 · answer #2 · answered by Pura 3 · 0⤊ 0⤋
If your talking about a Nikah certificate, then NO this is not valid in the UK as proof of Marriage. The ikah is a religious ceremony and the certificate proves that they are married islamically. However if there marriage is also registered under South African Law (they have had a registry marriage), then this WILL be acceptable. But if your apllying for Right of Abode, then I am not sure why they want to know about your parent's marriage. How are you claiming Right of Abode? Are you claiming it from your parents?
2006-10-17 11:46:18 · answer #3 · answered by Mr curious 3 · 0⤊ 1⤋
Under English law capacity to marry depends on the laws in force in the country of domicile and the form of the marriage depends on the law of the country where the marriage took place. So it all boils down to whether under South African law your parents' marriage was recognised as a legal marriage. If you are applying for right of abode for yourself, then it is irrelevant whether or not your parents were married, so presumably the application is for them. As polygamy is prohibited under the law of England and Wales, presumably the Immigration authorities are concerned at the prospect of your father acquiring further wives (or indeed having them already) and wishing to bring them into the UK with him. This is a matter on which you must seek legal advice rather than try to grapple with it yourself. Try your local Citizen's Advice Bureau or Law Centre as a first port of call.
2006-10-17 03:13:16 · answer #4 · answered by Doethineb 7 · 0⤊ 0⤋
You may have to send to South Africa for your parents marriage certificate, or any other documents relating to the marriage. If you know where and when they were married you can ask the South Africam embassy to trace the documents and send you a certified copy, although you will have to pay for the service. Even though they were married under sunni law I should think that there would be documentation. My parents had a christian marriage and I had to do this to get their certificates. Took about three months to receive the documents. Hope this helps.
2006-10-17 02:58:16 · answer #5 · answered by hakuna matata 4 · 0⤊ 1⤋
Your best bet is to go to an immigration advisor. However, I believe that marriages are recognised under British Law if they were made under the highest possible legal circumstances in the country of the persons' origin. That should mean if there are no rules on marriage (ie registration etc) in the persons' homeland then it should be recognised under British Law.
2006-10-17 05:01:22 · answer #6 · answered by Catherine B 2 · 0⤊ 0⤋
Mr.Curious, how can i contact you? you dont have an email address. i have a question to ask you since you are an immigration officer. please contact me by email. Thanks.
I have the same problem as you. My parents got married in Pakistan in the 1950's and at that time they didnt keep gov't records of marriages, births, deaths,etc...I am trying to apply for a British passport through my father since both my parents have British/Canadian citizenship and we reside in Canada for quite some time now. However they are asking me for my parents gov't issued marriage certificate and they dont have one besides their Nikkah certificate which is not acceptable to them. I am stuck now because that is the only one document that i cannot provide through a government issued form even though i have all the related documents to my application. The British High Commission asked me to contact the govt and local authorities in Pakistan and ask them for my parents marriage certificate which they don't have and these people dont understand this. Please let me know how your problem is resolved. Hope i could have been more helpful. I'm in the same rut as you My apologies.
2006-10-19 02:39:55 · answer #7 · answered by mam.cyborg 2 · 0⤊ 1⤋
Put simply you can come in with one wife but not half a dozen as the law in the U.K. does not permit it.
You see men here are henpecked by one wife, if we had more than one the we couldn't stand it.
Just imagine your entire assets split six ways?
Would your dad comply with this law?
All our laws are like this, which is a big reason why so many want to come here.
2006-10-17 04:37:15 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I hope ur parents will have some document to prvoe their marriage legal , why u dont ask them first,did u last them ?
2006-10-17 04:13:33 · answer #9 · answered by Anonymous · 0⤊ 1⤋
just take a hostage man !!!
2006-10-17 02:48:33 · answer #10 · answered by MiKe 3 · 2⤊ 1⤋