spouse visa - could it be refused if previously married ?

[nasko1]

My partner was refused asylum in the uk but left voluntarily earlier ths year. we married in pakistan a few weeks ago and i have flown out there a couple of timesin the last mont to be with him. After advice from our solicitors we lodged an application for a spouse visa as we were told we had a strong case as we met all the requirements e.g accommodation, employment etc. Now to my horror i have just read on the IAS website that if the sponsor has previously been married before and been a sponsor for another spouse where they were given leave to enter or remain in the uk, then my husband will not qualify as a spouse. I cannot believe this. I am divorced from a horrible man who had exceptional leave to remain for 4 years in the UK but then after we married changed his status to ilr through marriage. how can this impose on my human rights and decide that my husband in uk immigration rules is not my spouse. please advice whether this is correct. i am just horrified. it doesnt state this anywhere on the home office website when it lists requirements for being a spouse.

[John]

Hi, is this the IAS leaflet you are referring to :-

Understanding immigration law: Spouses

If it is words on page 1 :-

where at no time any other spouse of the sponsor has lived in or entered the UK as the sponsor's spouse (subject to certain exceptions).

I think that is referring to an ongoing polygamous marriage. I don't think IAS are referring to anything else.

Indeed I am aware of at least two couples where regretfully the first marriage (to a non-EEA citizen) broke down and ended in divorce, and there was a subsequent marriage to another non-EEA citizen, and spouse visa granted with no problem.

In case I am totally missing a point here, other opinions very welcome.

[Mars007]

As long the previous marriage has ended through court with Decree Absolute granted, there is no problem at all whatsoever.

[MM]

as long as you include certified copies of decree absolute and nisi ...you should be ok. unfortunately in my case we did not include those and my wife's visa was refused....

[John]

The Decree Nisi is not needed, but the Decree Absolute certainly is! And just to make it quite clear, that Decree Absolute needs to be a Court-sealed copy, not a photocopy.

Or indeed, because we are talking her about proving the previous marriage has ended, and it may not have ended in divorce, alternatively ..... a death certificate of the late spouse .... again a real copy and not a photocopy.