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Need an urgent advice

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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

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TODMATT
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Joined: Wed Jun 13, 2012 2:09 pm
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Need an urgent advice

Post by TODMATT » Fri Jun 03, 2016 3:28 pm

Hi guys,

I'm currently married to a British citizen and am in the last stage of receiving my British citizenship.I have a problem, My marriage has broken down and my wife is filing for divorce as we drift apart in the last few years and constant argument etc. She's seeing someone else at the moment and I have someone am currently seeing but the person is back home, I went to see the person recently and also got engaged with this person. My question is, My current wife will be filing for divorce soon, I do not want to pay for the court fees as she started the procedure in the first place so she should bear the cost of the divorce. We do not have any children or any joint account together which is a bit of a good news for me but do you think I will be paying part of the divorce fees??

My other question is, How do I go about bringing the person am seeing now without actually affecting her application later in future as i will be sponsoring her and I do not want any problem with her application be refused due to my previous marriage when the divorce procedure is finalised.

The reason for asking this question is to prepare in advance for future application for the person am seeing now. I have known this person for more than 14 years but we were friends and we began talking when my marriage broke downl,

Thanks alot
My opinions should not be constituted as an immigration or legal advice.

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Casa
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Re: Need an urgent advice

Post by Casa » Fri Jun 03, 2016 3:37 pm

Firstly as this is an immigration forum, it's not the right place to seek advice on divorce fees. I suggest you either make an appointment at your local Citizens Advice Bureau or with a solicitor specialising in family law.

You are probably aware that you will be unable to re-marry until your divorce absolute has been granted and this could take a considerable length of time. A previous marriage/divorce shouldn't affect an application for a spouse or fiance visa in the future.

You mention that you are in the last stage of applying for BC. If the divorce is finalised before this has been completed, you will cease to qualify as the spouse of a British citizen, if that's the category under which you've submitted an application.

Edit: I can see from your previous posts that you've been granted BC and are waiting to attend your ceremony.
(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.

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

Re: Need an urgent advice

Post by TODMATT » Fri Jun 03, 2016 4:09 pm

Casa wrote:Firstly as this is an immigration forum, it's not the right place to seek advice on divorce fees. I suggest you either make an appointment at your local Citizens Advice Bureau or with a solicitor specialising in family law.

You are probably aware that you will be unable to re-marry until your divorce absolute has been granted and this could take a considerable length of time. A previous marriage/divorce shouldn't affect an application for a spouse or fiance visa in the future.

You mention that you are in the last stage of applying for BC. If the divorce is finalised before this has been completed, you will cease to qualify as the spouse of a British citizen, if that's the category under which you've submitted an application.

Edit: I can see from your previous posts that you've been granted BC and are waiting to attend your ceremony.

Thank you very much for quick reply.

" I can see from your previous posts that you've been granted BC and are waiting to attend your ceremony."
You are right about this.

I just wanted to find out the requirements when applying from abroad i.e documentation as am currently seeing this person and am a bit confused whether to start gathering evidence now i.e photos, phone calls, chat, skype in order to make sure the relationship is subsisting to prove to the CO that the relationship is genuine and not the fact that i just had a divorce and entering into a new marriage straight away.

Please clarify this for me


Thanks alot
My opinions should not be constituted as an immigration or legal advice.

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Casa
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Re: Need an urgent advice

Post by Casa » Fri Jun 03, 2016 5:25 pm

By all means gather evidence of contact between you. The mandatory documents/financial evidence etc may change before you are in a position to apply for a spouse visa, this link will only give you an indication of the current requirements.
https://www.gov.uk/government/publicati ... form-vaf4a
(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.

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

Re: Need an urgent advice

Post by TODMATT » Sun Jan 15, 2017 11:35 am

Dear Casa,

Finally, the divorce is almost at the end and I use to work with a company where the salary will not meet the threshold but in Aug 2016, I found a new job which is permanent and it states on contract this "Your commencing salary will be pay point 60 which is £15,251 per annum(pro rata) plus High-Cost Area Supplement of £3,518per annum pro rata" If I add 15,251+£3,518= £18,769 the financial requirement is met. I have 4 months payslip right now and it won't be until Feb before i will have 6th payslip. I will be traveling back next month to do my registry as the absolute decree will come in 2 weeks time and I just wanted to be sure if everything is fine with regard to the financial requirement?

Another question, I'm currently in the process of moving as the landlord sold his house. I wanted to ask if i can contact a friend of mine whose got a house and he can give me a letter to he approved me staying with him and also my wife is allowed to join us in 2 bed flat? Is this enough or does he need to provide anything else apart from this?

Thanks alot
My opinions should not be constituted as an immigration or legal advice.

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Casa
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Re: Need an urgent advice

Post by Casa » Sun Jan 15, 2017 11:47 am

TODMATT wrote:Dear Casa,

Finally, the divorce is almost at the end and I use to work with a company where the salary will not meet the threshold but in Aug 2016, I found a new job which is permanent and it states on contract this "Your commencing salary will be pay point 60 which is £15,251 per annum(pro rata) plus High-Cost Area Supplement of £3,518per annum pro rata" If I add 15,251+£3,518= £18,769 the financial requirement is met. I have 4 months payslip right now and it won't be until Feb before i will have 6th payslip. I will be traveling back next month to do my registry as the absolute decree will come in 2 weeks time and I just wanted to be sure if everything is fine with regard to the financial requirement? The High-Cost Area Supplement can be added to your salary.

Another question, I'm currently in the process of moving as the landlord sold his house. I wanted to ask if i can contact a friend of mine whose got a house and he can give me a letter to he approved me staying with him and also my wife is allowed to join us in 2 bed flat? Is this enough or does he need to provide anything else apart from this? Sufficient unless there is multiple occupancy in the accommodation, in which case a property inspection report would be required.

Thanks alot
(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.

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

Re: Need an urgent advice

Post by TODMATT » Wed Jan 18, 2017 7:48 am

Sorry for my late reply.


Thanks for your reply to my previous post.

Thanks for clarifying that for me and also regarding the accommodation for my spouse. My landlord has just asked us to move as he's selling the house and I'm looking for a new double room to rent right now so just to confirm, I need the tenancy agreement and also a letter from the landlord as well as inspection report any recognise immigration inspectors right if more than one occupancy in the house right? Or it doesn't have to be from the council. Another option for me is, my brother in law lives in a 2 bedroom flat but it's a council house and he's willing to allow us to come and stay with him but from what I read so far he needs to provide us a letter from him and also letter from the council? Because my friend is willing to give me the letter but he's unable to do a house inspection as there's more than one occupancy in the house intact 3 kids. what is the requirement from anyone who is willing to accommodate me and wife into their house as I don't earn enough to rent 1 bed until she comes here.


Thanks a lot for all your help. Godbless
My opinions should not be constituted as an immigration or legal advice.

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

Financial requirement

Post by TODMATT » Fri Jan 27, 2017 4:13 pm

I'm applying under CAT A as my current job meets the financial requirement and I do also have bank job with my previous employer.

"If your sponsor has or had more than one previous/other job, you must provide full details for each job held at Part 5. You must also submit the specified evidence for each job detailed with your application"

Should I declare my P60 for the year 2015/2016 but this was with my old employer and also should declare my second job in section 5? any help will be highly appreciated.


Thanks
My opinions should not be constituted as an immigration or legal advice.

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seagul
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Re: Need an urgent advice

Post by seagul » Fri Jan 27, 2017 6:13 pm

If you can't afford then better than council house is to find a double room where there is no overcrowding and landlord agree to offer you no objection letter of your future wife stay plus allow house inspection. And don't attach old employment related documents rather simply attach fresh last 6 months payslips and bank statements if using category A.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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

Re: Need an urgent advice

Post by TODMATT » Fri Jan 27, 2017 10:14 pm

Thank you very much for your reply.

God Bless
My opinions should not be constituted as an immigration or legal advice.

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