SET14.3 Polygamous wives
This section should be read in conjunction with the general guidance above on the validity in the United Kingdom of polygamous / potentially polygamous marriages.
Section 2 of the Immigration Act 1988 prohibits certain polygamous wives from exercising their right of abode with the result that any application from such a wife has to be considered in accordance with
paragraphs 278 to 280 of the Rules, which contain provisions to restrict settlement in most cases to one wife.
Section 2 of the Act states that no wife who has the right of abode in the UK under section 2(1)(b) of the 1971 Act (as amended) on the basis of her polygamous marriage, and who has not prior to 1 August 1988, and since her marriage to her husband been in the UK, should be allowed to enter the UK in the exercise of that right of abode (or be granted a certificate of entitlement in respect of that right) if there is another woman living who is the wife or the widow of the husband and who:
SET14.6 Children of polygamous spouses
If a polygamous spouse is disqualified by the Immigration Act / Rules from entering the United Kingdom, any children he or she had by his or her spouse may not qualify for entry to the United Kingdom and should be refused under
paragraph 296, depending on the circumstances and in particular the operation of the Legitimacy Act 1976 (see
SET07 Children).
SET14.7 Polygamous spouses entering in their own right
A polygamous spouse may have an entitlement to enter the United Kingdom in his / her own right, for example, as a returning resident. A man / woman who obtained settlement in the United Kingdom on the basis of a marriage which has since ended and who travels to another country has the right to return to the United Kingdom as a returning resident under
paragraph 18 of the Rules, provided that he / she does so within the 2 year limit.
A polygamous spouse may also enter in his / her own right as a visitor or a student, provided that he / she meets in full the requirements of the relevant paragraphs of the Rules.
A polygamous spouse will not, however, qualify for entry clearance in a temporary capacity leading to settlement (for example, as a spouse of a work permit holder) if that would result in the formation of a polygamous household in the United Kingdom.
[h=3]Polygamy in Europe[/h]
France: Civil marriage registry illegal, still there are no laws against a person living with more than one partner/spouse. Stricter immigration laws have been enforced due to various polygamous-related hassles with immigrants from Mali and other African nations that permit polygamy.
Poland: Illegal, punishable with prison time.[SUP][citation needed][/SUP]
Germany: Illegal, punishable with fine or prison time up to three years. [SUP][26][/SUP]
United Kingdom: Illegal, foreign polygamous marriages grant some welfare benefits only. Polygamy is treated as bigamy if a second marriage is contracted in the United Kingdom. No legal recognition is extended to spouses of subsequent marriages after the first marriage is recognised even when subsequent marriages are contracted abroad.
Polygamous marriages may not be performed in the United Kingdom, and if a polygamous marriage is performed, the already-married person may be guilty of the crime of bigamy. Polygamous marriages legally performed in another country where the law allows it are not recognized for pension, immigration or citizenship purposes.[SUP][1][/SUP] However, they may be recognized for the purposes of welfare benefits. This decision was not made without controversy, and there have been protests against it.[SUP][2]
[/SUP]
Bigamy is a statutory offence in England and Wales. It is committed by a person who, being married to another person, goes through a ceremony capable of producing a valid marriage with a third person. The offence is created by section 57 of the Offences against the Person Act 1861:
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[TD]Whosoever, being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or Ireland or elsewhere, shall be guilty of felony, and being convicted thereof shall be liable to be kept in penal servitude for any term not exceeding seven years ... : Provided, that nothing in this section contained shall extend to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of Her Majesty, or to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time, or shall extend to any person who, at the time of such second marriage, shall have been divorced from the bond of the first marriage, or to any person whose former marriage shall have been declared void by the sentence of any court of competent jurisdiction.[/TD]
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This section replaces section 22 of the Offences against the Person Act 1828 for England and Wales,[SUP][3][/SUP] which replaced section 1 of 1 Jac.1 c.11 (1603).[SUP][4][/SUP] This section replaces section 26 of the Act 10 Geo. 4 c. 34 for Northern Ireland.[SUP][5][/SUP]
Subsequent case law has allowed exceptions for cases where the defendant believes on reasonable grounds that their first spouse is dead[SUP][6][/SUP] or that the marriage has been dissolved.[SUP][7][/SUP]
Bigamy is triable either way.[SUP][8][/SUP] A person guilty of bigamy is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years,[SUP][9][/SUP] or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both.[SUP][10][/SUP]
See Crown Prosecution Service Sentencing Manual for case law on sentencing. Relevant cases are:
- R v Crowhurst, unreported
- R v Smith 1994 15 Cr App R (S) 407
- R v Cairns [1997] 1 Cr App R (S)
[h=2][
edit]Scotland[/h]
Bigamy is an offence under the law of Scotland.[SUP][11][/SUP]
[h=2][
edit]Northern Ireland[/h]
In Northern Ireland, a person guilty of bigamy is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years,[SUP][12][/SUP] or on summary conviction to imprisonment for a term not exceeding twelve months, or to a fine not exceeding the prescribed sum, or to both.[SUP][13][/SUP]
http://en.wikipedia.org/wiki/Polygamy_in_the_United_Kingdom