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Divorce problem

General UK immigration & work permits; don't post job search or family related topics!

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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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TODMATT
Diamond Member
Posts: 1497
Joined: Wed Jun 13, 2012 2:09 pm
United Kingdom

Divorce problem

Post by TODMATT » Sun Jan 17, 2016 12:32 am

Hi everyone,


I'm asking this question on behalf of a friend of mine. I will be very grateful if anyone can advice him on this. He's currently married to a British citizen however they are longer in love, They have no kids and no joint assets together. She wants a divorce he doesn't know how to go about doing this and also he's got a lady his parent found for him back home and want to bring the lady here but I explained to him that, He needs to divorce his wife first before trying to bring the lady over here either on Spouse visa or Fiancee visa. He doesn't want to involve a solicitor has this cost a lot of money. Can someone advice my friend.
My opinions should not be constituted as an immigration or legal advice.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Divorce problem

Post by noajthan » Sun Jan 17, 2016 12:41 am

TODMATT wrote:Hi everyone,


I'm asking this question on behalf of a friend of mine. I will be very grateful if anyone can advice him on this. He's currently married to a British citizen however they are longer in love, They have no kids and no joint assets together. She wants a divorce he doesn't know how to go about doing this and also he's got a lady his parent found for him back home and want to bring the lady here but I explained to him that, He needs to divorce his wife first before trying to bring the lady over here either on Spouse visa or Fiancee visa. He doesn't want to involve a solicitor has this cost a lot of money. Can someone advice my friend.
Divorce and immigration are both complex matters that require a certain level of awareness & expertise.
Someone who doesn't know how to go about getting a divorce clearly needs to enlist professional advice.

A UK fiancee/spouse visa also comes with rigorous financial (& practical) requirements.

HO immigration rules and regulations are, however, quite clinical & dispassionate; love doesn't really come into it (from an immigration perspective at least).

Suggest 'friend' gets a lawyer & also takes stock of the necessary financial assets that will be required.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

User avatar
Casa
Moderator
Posts: 25753
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Divorce problem

Post by Casa » Sun Jan 17, 2016 10:35 am

Once his present marriage is no longer subsisting, he loses his right to remain in the UK as a spouse. The UKVI have recently made it simpler for the sponsor (in this case his wife) to notify them that they are no longer together. He certainly won't be in a position to apply for a new wife to join him here, even when divorced as he will have no legal status. He should be aware that the authorities could issue a removal notice and it would be better for him to consider whether he qualifies for another visa category, rather than thinking about marrying again. :|

Edit: Reading through your post again, it isn't clear whether he has settled status (ILR) or is still on limited leave to remain. :?: If he is no longer under Immigration control, in order to sponsor a new wife noajthan's advice regarding re-marriage applies. The divorce absolute must be awarded by the court before the divorcee is free to marry again.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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