Query related Spouse visa

[Maham28]

Hi everyone! Hope all of you are well. I have a spouse visa related question please! So, my husband is British. I am non British and live outside UK. We both got married 3 years ago during covid times. My husband was separated from his ex wife for almost a year at that time but he had yet to apply for divorce. Due to travel bans and other restrictions, we were stuck in a limbo so in 2022 he advised me to apply for visit visa. We hadnt registered our marriage anywhere by that time so i wrote my marital status as single. In may 2022 i visited him in UK and got pregnant within a week. It wasnt planned at all. In June, he applied for divorce in uk from his first wife (US national). In july i went back to my home country. In 2023 i gave birth to our son in my home country while my husband was present. Sorry for such a long story but my question is now that we are applying for spouse visa (as his divorce is now finalized). Will that visit cause issues for us? Because i will have to mention it of course. If yes, can anyone please suggest the best way forward? I am super stressed and so tired of living apart:( We both are so helpless because had to wait for divorce. Its so hard to raise a child alone without a partner:( huge respect for single mums and dads!

[CR001]

Your marriage won't be recognised in the uk as your husband was not divorced and free to marry at that time.

You will likely have to apply for a 6 month fiance visa and then marry in the UK and then switch to a 2.5 year spouse visa.

[Maham28]

Thank you so much for such quick response. We applied for our son’s British passport in March 2024. We have passed the interview stage and waiting for the passport. If i apply for fiance visa, can my child accompany me as well? Shall i apply for fiance visa now or shall i first take a formal legal advice. What do you suggest please? Also do you have any idea about the time it takes for fiance visa’s decision to come?

[Ticktack]

Thank you so much for such quick response. We applied for our son’s British passport in March 2024. We have passed the interview stage and waiting for the passport. If i apply for fiance visa, can my child accompany me as well? Shall i apply for fiance visa now or shall i first take a formal legal advice. What do you suggest please? Also do you have any idea about the time it takes for fiance visa’s decision to come? 12 weeks

Once your child has the British P, nothing stops him from entering with you. You might want to wait to get your son's passport first, as it could take a long time (applying from abroad).
If you apply for a fiance visa and it's approved, it has a time limit you have to enter the UK. I'm sure you don't want to leave your son behind.

[Maham28]

Thank you so much for this advice. We will definitely wait then. I can get my documents ready meanwhile. Really appreciate this!