Switching Spouse Visa

[zeezupersonafied]

Thanks a lot vinny for responding .

[vinny]

Were you a victim of violence?

What you need to know to submit a successful application for indefinite leave to remain as a victim of domestic violence

[zeezupersonafied]

Hi vinny, sorry didn't see your message .

Emotional and psychological trauma, for sure. Later on , was diagnosed with BP as well. i went through all that . But I don't think that it's something that is i can prove as i don't have any physical evidances to support that.

Thanks.

[Casa]

Hi,

I came here on spouse visa and we got separated and now i want to re marry . The previous marriage didn't took place here and the divorce also took place in the home country so the divorce is recognized by the UK law as much as i know.

Now, i called the registration office to get the appointment for the marriage registration and found out that as i am not uk citizen, they would ask home office before the registration and then would allow it and the whole process could take up to 90 days to complete.

My concern is this,

a. Should i inform HO myself or let them inform Home office for the second marriage.
b. Should i consult some solicitor and pursue my case through them or would it be fine for me to just let the home office find out through registration office about me trying to remarry and after the marriage, i would apply for the spouse visa.
c. What repercussions could it have ? And what is the best way to pursue my case and which step to take first ?

Any immediate response would be highly appreciated. Thanks a lot.

CR001 has already given you detailed advise in your other thread (which is now merged here).

The Registrar will notify the Home Office of your intention to marry. Engaging a Solicitor to notify them isn't necessary and won't have any influence on your application.

You may well be called to an attend an interview where you will both be interviewed separately before a decision is given as to whether the marriage can take place.

Even if you are given permission to marry, you may not be able to submit a spouse visa application from within the UK and will have to return to your home country to apply from there.

Do you have your Divorce Absolute from your previous marriage

[zeezupersonafied]

CR001 has already given you detailed advise in your other thread (which is now merged here).

The Registrar will notify the Home Office of your intention to marry. Engaging a Solicitor to notify them isn't necessary and won't have any influence on your application.

You may well be called to an attend an interview where you will both be interviewed separately before a decision is given as to whether the marriage can take place.

Even if you are given permission to marry, you may not be able to submit a spouse visa application from within the UK and will have to return to your home country to apply from there.

Do you have your Divorce Absolute from your previous marriage

Hi casa, i did mention that previously, i applied for marriage registration, i submitted my divorce certficate , HO took 70 days to decide on it and then they gave permission and i got married. The letter that HO sent stated that if you apply for visa on the basis of this marriage then we will check for the genuineness of the relationship.

So, if it all comes down to proving the genuineness of the relationship then it wouldn't be a problem for me as the relationship is genuine and i am not going to have any problem in proving that.

Now, there are few things which are still ambiguous ,

For example, Even though i am using FLR (M) form to apply for a spouse visa based on my new marriage, i am not applying for extension of visa , i am applying for a fresh visa. If they treat it as such then that clause that i mentioned earlier will not (hopefully) apply on me.

I have consulted few lawyers as well but honestly am not convinced on what direction to follow. I am more inclined on applying from with in the country and then see what happens, rather than going back and then apply.

Any suggestions regarding my case are welcome .

Thanks.

[zeezupersonafied]

Even if you are given permission to marry, you may not be able to submit a spouse visa application from within the UK and will have to return to your home country to apply from there.

Lastly, when you say that not be able to submit a spouse visa application from within the UK. Could you please elaborate on that a little bit. As i couldn't find it anywhere. Except that one clause which might go against me, (which i have mentioned in the previous posts), depending upon how they see my application, i couldn't find any clause anywhere that indicates this.

Thanks.

[Casa]

Well spotted.

Unfortunately, this makes a refusal of FLR(M) likely. It looks like it’s safer to apply for spouse entry clearance from home country.