Divorce from uk citizen

[rx3000]

I have a query as follows:

Marriage to a uk citizen 2002. Marriage ended 2009.
No children.
If now want to remarry to girlfriend who is uk citizen with a child would I be allowed to.
I work and pay taxes.
My gf is a stay at home mum.
I couldn't apply for permanent stay during my first marriage as
My ex wife wouldn't let me she said its better we wait till later to do it.
I am originally from India.
Where do I now stand?

[Lucapooka]

Are you in the UK now and, if so, what is your immigration status? Are you divorced according to UK law or in a manner that the UK would recognise? What is the immigration status of your girlfriend? As a stay at home mum it's not likely she will meet the financial requirements to sponsor a settlement entry clearance. Do you have savings in the amount of 62,500?

[rx3000]

hi thanks for your response

Yes I am in the UK. I work pay taxes and have a national insurance number.
I am Divorced according to muslim law.
Not sure what my immigration status is - i was sponsored to come to the UK to marry my ex wife on a marriage visa. The marriage broke down recently.
My girlfriend is a uk citizen - she was born here.
No she has no income other than the benefits she receives.
I have savings of about 30000 pounds ?

[Lucapooka]

If you, yourself, are not sure of your immigration status, then perfect strangers on a forum are, by default, not sure of your options. When does your current leave expire; is it indefinite leave to remain? Perhaps this is not even an immigration matter if you are already settled. In which case, all that would matter is the divorce. Is your divorce recognised under UK family law? In which jurisdiction (country) did it take place?

[rx3000]

I arrived on a marriage visa to Marry my uk wife
In 2002 & divorced 2009 without applying for indefinite leave to remain
I have stayed in the uk since working throughout
What are my options now I want to marry my gf who is a
Uk citizen
Am I a settled person?
Or would I have to leave the country apply and then return
If a new spouse visa is granted?

[John]

In 2002 & divorced 2009 without applying for indefinite leave to remain

If you have not got an indefinite visa, well you must have a time limited visa.

So the obvious question is, what is the expiry date on your visa?

[rx3000]

Arrived uk jan 2002
Married in uk jan 2002
Visa stamp till march 2004
No ilr applied for
Divorced in nov 2009

[cs95tdg]

Am I correct in understanding that your leave to remain (as the spouse of your former british wife) expired in March 2004 and that you did not apply for ILR or make any other type of leave to remain application since then?

If so, that would mean you are now a over-stayer & have been one since March 2004.

[Obie]

It is rather strange that your wife allowed you to stay for 5 years illegally, when you had the means of securing ILR.

Well you may have to make a human right application, but the success of this is hard to tell.

[John]

I am in the UK. I work pay taxes and have a national insurance number.
I am Divorced according to muslim law.

Two points. Firstly you have no right to work in the UK. Your employer faces a penalty of up to £10000 for employing you. They have clearly not examined your documents recently.

Secondly, you are still legally married to your wife. If you want to get married again, you will first need to get a legal divorce. [/quote]

[rx3000]

Hi I am self employed and have been since 2003
I file my tax returns yearly And pay my taxes
I'm not sure if I am a overstayer which no doubt will come up wen I submit my application
My wife didn't want me to apply for ilr not sure why
She kept saying its better to do later when we are more settled have a house savings etc..
I trusted her
Marriage broke up due to trauma of being unable to have children
We had a registry wedding also and filed for amicable divorce few years ago as well as Muslim marriage
I have seen a solicitor who is now looking into my case
But need a second opinion for reassurance at least before taking the step to apply to the borders agency!!

[John]

But need a second opinion for reassurance at least before taking the step to apply to the borders agency!!

Reassurance? Are you going to keep asking until someone tells you that you are legal in the UK. If you are looking for that sort of comfort, well I shall be amazed if you get it.

Based upon what you have posted, you have been an overstayer since your last time-limited visa expired.

[rx3000]

I thought this was an advice forum?
Y r u gettin judgemental on me?
I have an appointment with the solicitor
Il keep u posted as to my "overstaying" status
Seeing that is all that you are concerned with
Rather than my specific predicament!
Thanks for the concern by the way fw!!

Mod Edit: if you want to continue posting, please respect those who take the time to respond to you.

[Amber]

I thought this was an advice forum?
Y r u gettin judgemental on me?
I have an appointment with the solicitor
Il keep u posted as to my "overstaying" status
Seeing that is all that you are concerned with
Rather than my specific predicament!
Thanks for the concern by the way fw!!

Sorry to hear about your issues. ‘Overstaying applicants are normally automatically refused unless there is a strong case for a human rights appeal or for instance where you are in a relationship or have a child with British or EEA national.

Tbh you should have taken more notice if your visa expiry date. You should not be working and you'll likely have to start reporting to the police station whilst you appeal, if you have grounds to appeal. Am I right in thinking that your ex wife divorced you because you were infertile? If so that's very sad and well it sounds like she didn't want you to have ilr as she had doubts about the relationship. You could have easily applied for ilr when still married and would likely have been a British citizen now. That doesn't help now but really just shows you that you can't trust anyone. Sounds like your ex wife is much better being an ex!

[fomsand1]

Mate,

Everyone here is trying to help, but if you dont answer some specific questions clearly then you're not helping people to help you!!

You've been asked by different moderators, What is your current Visa Status and all you keep saying is you're not sure and that you were sponsored on a marriage Visa which was valid up till 2004.

No insults here and dont take this personal, but I'd want to believe that you are literate enough to read and write, if so, then its simple; Get your passport, look at the vignate stamp on it, it should clearly state the following: 1) When your Visa was issued, Where it was issued, Type of Visa and When it expires.

If it had expired since March 2004, like you've stated and you havent applied to extend your stay since then in any other category open to you, then the bitter answer to your question is that you're an overstayer in plain simple terms and i believe your ex wife intended this to happen to you.

There is no way on this forum one can sugar coat your situation to make it sound sweet to your ears as the aim of this forum is to share helpful advise beneficial to everyone and not to lie to you. So in a nutshell, I would suggest you stick with your solicitor to fight this one out.

Regards