Help needed Fiancee visa application form

[Angel_86]

Hi guys, hope your well. New to site, I will be applying for my husband to come to the UK on a fiancee visa due to Bare talaq not done correctly. My Question is on the application form it asks my husbands married status. We are legally and islamically married but for the UK i guess our marriage is not valid as not my decree absolute date is after our marriage, so should he tick single? We will explain our situation on the extra note page, its just the marriage question we are confused about

[Ticktack]

Hi guys, hope your well. New to site, I will be applying for my husband to come to the UK on a fiancee visa due to Bare talaq not done correctly. My Question is on the application form it asks my husbands married status. We are legally and islamically married but for the UK i guess our marriage is not valid as not my decree absolute date is after our marriage, so should he tick single? We will explain our situation on the extra note page, its just the marriage question we are confused about

I'm no expert in this, and I might be wrong. But if you have a legal document showing that you're married, then you're married! I know in some countries like the USA, they still do the 90 days fiancée stuff regardless of your wedding certificate.
But over here, you wedding certificate trumps all. You just need to prove that it's genuine and subsisting. You can't really call your legally married partner your fiancée anymore, it's contradictory.

[CR001]

But over here, you wedding certificate trumps all. You just need to prove that it's genuine and subsisting. You can't really call your legally married partner your fiancée anymore, it's contradictory.

The issue is, as the OP explained, is that her divorce decree absolute is dated after the marriage date and as they have to submit evidence that they were both free to marry for a spouse visa, the visa is likely to be refused as the OP was not free to marry.

[Ticktack]

But over here, you wedding certificate trumps all. You just need to prove that it's genuine and subsisting. You can't really call your legally married partner your fiancée anymore, it's contradictory.

The issue is, as the OP explained, is that her divorce decree absolute is dated after the marriage date and as they have to submit evidence that they were both free to marry for a spouse visa, the visa is likely to be refused as the OP was not free to marry.

My bad, I missed that.

[Angel_86]

But over here, you wedding certificate trumps all. You just need to prove that it's genuine and subsisting. You can't really call your legally married partner your fiancée anymore, it's contradictory.

The issue is, as the OP explained, is that her divorce decree absolute is dated after the marriage date and as they have to submit evidence that they were both free to marry for a spouse visa, the visa is likely to be refused as the OP was not free to marry.

I know many people like myself have been in similar situations with bare talaqs and applied for a fiance visa and have been succesful. So Should my husband tick single and then explain our situation on the more info page at the end, thank you

[Angel_86]

But over here, you wedding certificate trumps all. You just need to prove that it's genuine and subsisting. You can't really call your legally married partner your fiancée anymore, it's contradictory.

The issue is, as the OP explained, is that her divorce decree absolute is dated after the marriage date and as they have to submit evidence that they were both free to marry for a spouse visa, the visa is likely to be refused as the OP was not free to marry.

My bad, I missed that.

thank you for taking the time and replying to my question

[Angel_86]

I would be very grateful if someone can help me with the question what my partner needs to tick single or married.
Thank you

[vinny]

Is your partner single or legally married?

[Angel_86]

We both are islamically and legally married in Pakistan. The confusion is only because my bare talaq in Azad kashmir was done incorrectly due to domilcile,we wasnt aware of that it wont be accepted for visa purposes so i got a divorce through uk courts but now my second marriage date is before decree absolute and fiancee visa is the best way to bring my partner over. I have all the paper work just stuck on this question

[vinny]

You are right. It may be complicated.

Was the talaq divorce revoked?

If your current marriage is valid in the UK, then can you remarry (even to the same person) in the UK, without getting a divorce?

[Angel_86]

My last divorce was completed from my ex husbands and at the time everything looked normal. I have even got a divorce verification letter from the tehsil muftis from azad kashmir confirmining the divorce. It was later on i realised altho legally im divorced in pakistan, in the eyes of UK law i may not be because of domicile rules that apply in Azad kashmir. Im a british born but my family is not from that part of pakistan we’re from the punjab where MFLO applies, it was only my ex that was from Azad kashmir.
I got married after that date but to stay on the safe side i went through british courts to get a decree absolute aswel but that is dated after my second marriage. So i guess that means they will look at the decree absolute and not the verification letter.
Im thinking to apply for a fiancee visa instead of spouse.
Please advise me i would be ever so grateful

[Angel_86]

I have 2 divorce certifiactes. 1 from Azad kashmir which is dated before my second marriage and the 2nd is the decree absolute which is dated after my second marriage.

[vinny]

See also more caselaws. Are you sure that your talaq divorce was invalid in the UK?

[Angel_86]

Im assuming because its a bare talaq and the rules are different that side of pakistan. i dont know how to verify the divorce and to makesure the ECO will accept it,
But im legally divorced in Pakistan and not legally married

[vinny]

If not legally married, then tick “single”?

[Angel_86]

Im so sorry i meant my second marriage is legally registered in pakistan but because we will be applying for a fiancee visa due to the first divorce confusion should my husband tick single and declare our marriage in the further notes on why we applying for fiancee not spouse?
we are trying to be honest as we can

[vinny]

Yes. Explain everything. If they agree that you are not legally married, then they may issue a six months fiancé visa. Else, if they think that you are legally married, then they may ask for payment of IHS and subsequently grant 33 months spouse leave with 3 months vignette.

[Angel_86]

Thank you ever so much for your quick replies yes that does make sense, we’ll tick single n explain everything.

One more question im confused about the childrens they ask about. I have a 17 year old who does apprenticeship he lives with me, is he a dependant? and should i include him when doing my adquetmaintance cuz im on pip

[Angel_86]

Yes. Explain everything. If they agree that you are not legally married, then they may issue a six months fiancé visa. Else, if they think that you are legally married, then they may ask for payment of IHS and subsequently grant 33 months spouse leave with 3 months vignette.

Should i include my pakistan divorce certificate and my UK one, Should i include my current marriage certificate?

[vinny]

I think child is your dependant.
Yes. Include all documents relating divorce and marriage. Hopefully, they may help you determine your legal martial status with respect to your circumstances.

[Angel_86]

I dont get any benefits for my 17 year old because hes doing a apprentieship so does that mean i wont have to include him when calculating the adquate maintance test

[Angel_86]

Can i also ask someone in regards to the property inspection report and the landlord permisdion letter, will both the documents have to be no more than 12 weeks old?
Thank you

[vinny]

A property inspection report is optional. But providing a false one may lead to a refusal.

[Angel_86]

Thank you for the reply.
No both will be origional from the council.
How old should they be when we submit the application. Is it 12 weeks or 28 days

[AmazonianX]

Thank you for the reply.
No both will be origional from the council.
How old should they be when we submit the application. Is it 12 weeks or 28 days

As much as possible keep within 28days.