visa for second marriage..urgent help pls

[sangeetharaman89]

Hello Everyone,

Please someone help me. I am on a tier 2 general visa from 2014 valid till 2017.

I was in PSW visa and got married in 2012 june while I was in PSW and my husband got applied for dependant and he got the visa. We extended our tier 2 together being him as my dependant.

We have decided to apply for divorce now since things does not work very well between us. We dont hav eany children yet and we hope the process is gona be not so difficult.

My question today and I request gurus and all users here to to help with suggestions is. My parents decided to do marriage for me again as soon as possible. My fiance have already lived here in PSW and is willing to join me here.

What visa should he apply to come here if we had to get married before our decree absolute is issued and how long does it take. My in laws family want us to get married as soon as we can since they are very old. If I get married in india before I get my decree absolute can my fiance come in fiance visa here and we do civil wedding here and apply for dependant?

Please someone help me. I am already stressed enough with my past and I cudn really involve in this new relationship but I am trying my best since my fiance seems to be very understanding and supportive(hope that is gona be his true nature). Thansk a ton.

[Casa]

You can't re-marry before your divorce is granted. If you do, the marriage won't be considered valid under British law and a spouse visa will be refused.

[CR001]

You also cannot have two spouses on a dependent visa. Your second spouse will likely automatically be refused as UKVI will have a record that you have a spouse in the UK already.

As casa has said, you need the decree absolute before you do anything.

[sangeetharaman89]

Thanks to both of you for the reply. How long does it take to get the decree absolute. Once I get the decree absolute I can have my fiance apply for the visa right?

[CR001]

It can take a few months. If the divorce is amicable and no assets or children, it should be fairly straightforward.

You have to select one of 5 reasons for divorce and if your relationship is no long subsisting, you have to notify HO on the prescribed form as your current spouse won't have any legal basis to remain in the UK on his dependent visa.

[Wanderer]

Thanks to both of you for the reply. How long does it take to get the decree absolute. Once I get the decree absolute I can have my fiance apply for the visa right?

Yes, but these things can take a while, especially if the ex wishes to prolong things - is he happy to return to his home country without causing a fuss?

Not actually sure how long it takes if no fuss, it's six weeks from Nisi to Absolute, plus waiting for court hearings etc, I'd say six months or so min....

[sangeetharaman89]

Thank you everyone for your valuable suggestions.

Yes my Ex is ready to leave the country and give divorce. If it would take 6 months or min then I hope its not too bad.

And once I get my divorce can my fiance apply for fiance visa or we could get married and become dependant by applying dependant visa.

Also I have come across news that the rights for Tier 2 dependant to work is going to be withdrawn???

[CR001]

Once you have the divorce decree absolute, you are free to marry. You cannot apply for a fiance visa if you are on a Tier 2 G. You have to apply for a Tier 2 G dependent visa and probably easier if you are married.

[sangeetharaman89]

CR001 ..Many thanks for your suggestion.. I never thought I would ever have to come across divorce and stuff.. But life has got big surprises everyday..sometimes its bad sometimes is good ..hope for the best ..thank you everyone once again..

[sangeetharaman89]

Hello as you have helped me earlier can u help this query too... Pls

When my new husband apply for his visa does he need to attach my decree absolute or any proof of divorce .. Or is it enough I inform ukba about my divorce with decree absolute before he apply thanks a ton

[CR001]

You need to inform HO that your existing relationship has broken down. You don't have to send the decree absolute for this. See link below of what is required by the sponsor (you)

https://www.gov.uk/government/publicati ... nsent-form

Your new spouse will likely have to submit the decree absolute as proof that you were (both) free to marry.

[Casa]

The divorce decree absolute must be submitted with the spouse visa application.

[sangeetharaman89]

Hello Everyone,

I am back again posting what is going on with my divorce application.

I really need some help or guidance right now..I am having sleepless nights due to stress.

I have made my divorce application last month first week of may. I am getting my decree nisi pronounced on 23 june 2016. I believe i can apply for decree absolute after 6 weeks and one day (planning to make my application on 8th august).

My question is
1. I am getting married back in india on sep14. will I get my decree absolute before that?
2. When shall I inform UKBA about my divorce and my broken relationship should it be before my fiance make his application for dependant?
3. My EX is getting married in dec 2016. He wants to live here till october (Even after my marriage and my fiance make his visa application).My EX wants to save some money for his wedding (I really want to help him).If he stay here till my fiance make his application will it affect his application or as soon as I let UKBA know that we are divorced he will become illegal stayer?

Please please please help me with this query. I am so stressed I want to help my EX at the same time I want to bring my fiance here.

Please help me I could not handle this divorce because I still love my EX. At the same time I want him to lead a happy life .

Tons of thanks.

[CR001]

We don't work for the courts so cannot tell you if you will have the decree absolute before your proposed 'new marriage'.

Once you are divorced, you are legally obliged to inform HO as soon as possible about the change of circumstances and the end of the relationship. This will have an impact on your ex's visa. See link below for details/form.

https://www.gov.uk/government/publicati ... nsent-form

Your ex will struggle to get married in the UK (if that is the plan) as he has to give 28 days notice to an HO approved Registry. This can then be extended to 70 days for HO to investigate and interview the parties separately before they either grant or refuse permission to marry.

[sangeetharaman89]

Hello!

Thanks for your reply.

Hope I will get my decree absolute before I get married.

My EX is getting married in india. He is planning to go India permanently.

But before he goes he wants to stay here till sep atleast . I am flying 1st week of sep and coming back at the end of the month.So if I send the form to UKBA before I fly.Will it be alright for him to stay here for another one month?

Thanks,
Sangeetha.

[Casa]

Hello!

Thanks for your reply.

Hope I will get my decree absolute before I get married. If you marry before you have the divorce absolute you won't be legally married under British law.

My EX is getting married in india. He is planning to go India permanently.

But before he goes he wants to stay here till sep atleast . I am flying 1st week of sep and coming back at the end of the month.So if I send the form to UKBA before I fly.Will it be alright for him to stay here for another one month? The HO are unlikely to take action to terminate his leave within a month.

Thanks,
Sangeetha.

[sangeetharaman89]

Dear Casa,

thanks for your reply.I really appreciate your time.

I can understand it is illegal to get married before I get my decree absolute. I am really hoping I will get it sorted soon before sep.

And regarding my EX staying in this country you are saying that until he recieves the curtailment letter from UKBA he is legal to stay and that wont affect my partner to apply for his dependant visa from india.

I know this sounds bad for myself but me and my EX seperated for our own goodness and our family situations. I want him to be happy and he wish the same to me.

[CR001]

You must complete the form and inform HO of the change in circumstances BEFORE you get married and apply for your new spouse. You cannot have two spouses on dependent visas in the UK.

[sangeetharaman89]

ok .. once I inform UKBA about my divorce (I am gona do that end/third week of august). And then I am flying india in first week of sep. What will happen next?? Can my ex wait for curtailment letter from UKBA and leave in end of sep. In the meanwhile can my fiance in india apply for the dependant visa...

[Casa]

See this thread:
http://www.immigrationboards.com/uk-tie ... l#p1362572

[sangeetharaman89]

CR001: What if my EX did not get any response from UKBA and my fiancé apply for the visa . will it be a problem?

[sangeetharaman89]

Is there can be any other reasons they cant curtail the dependant visa other than they qualify for some other category? What do you think of my situation casa ?(Sorry if this is inappropriate place to discuss rather than on my post) I don know how to discuss this in my post

[sangeetharaman89]

Hello !!


someone pls help!!

What if my EX did not get any response from UKBA and my fiancé apply for the visa . will it be a problem?

[Casa]

Yes it may well cause a refusal of your new spouse's visa if the first spouse dependent visa hasn't been curtailed when you apply.

[sangeetharaman89]

Thanks for your reply casa..

I am in a dilemma whether to inform UKBA after getting my decree absolute or before I get the decree absolute itself.

Worried if UKBA curtail my EX visa straight away and he need to go(Since he requested if he can stay till Sep) or if I delay that going to affect my new spouse visa.