Spouse / fiancee visa

[meerkat70]

I'm a UK national.

My now estranged husband, a South African, entered the UK on a spouse visa in 2000. He was granted ILR and has been living here and working in the NHS ever since. He hasn't yet applied for naturalisation.

Our marriage has recently broken down (we more or less separated 12 months ago, though he only formally moved out 6 months ago), and I have become involved with another man - a South African again! He came to the UK on a vv, and has recently returned to South Africa. We want to pursue a spouse / fiancee visa to bring him back to the UK.

I'm worried about a number of things.

Firstly, my divorce from my husband is not yet final. Is there a minimum waiting time? Can we start the application before the decree absolut is issued, or is it best to hang on?

Secondly I don't want to prejudice my estranged husband's ILR - is there a chance that applying for a second fiance visa will do this? We have a child together, and we're on very good terms, and I'd hate to do anything to damage his residence rights in the UK.

Will the fact that it's my second spouse visa application have any negative consequences for the application? We have six months of correspondence, his six month visit to me, I'm about to go for a month to see him, so there's clear evidence of the relationship).

Finally, my husband and I agreed in our divorce settlement to keep our marital home in our joint name - that's what appears on our mortgage statement. Is this likely to have any effect on the process?

ETA - is it more secure to apply for spouse rather than fiancee visa? Or does it not make much difference?

[m000n]

1:keaping home in joint name will not affect,write one suporting letter and explain all in that,
2:its beter to wait till yours devorce finalise
3:it will not affect on ex husband ILR

(if i m wrong please i request seniour member for more guidline,many thanks)

[meerkat70]

Thanks m000n. I find this whole process so stressful!

J

[VictoriaS]

You can start the fiancee visa process in advance of getting the absolute, as long as you have a letter from the solicitor confirming that it will be finalised within 6 months.


Victoria

[meerkat70]

Thanks for that, Victoria.

Because our divorce is very simple and very amicable, we're not using a solicitor. Would waiting for the decree nisi and presenting that be sufficient?

[VictoriaS]

Yes, that is fine.


Victoria

[meerkat70]

Thanks so much for your help. I really appreciate it.

One other route that we've considered is going down the 'permit free employment' route, since he is a writer. Unfortunately, he's not made much money in the last two years, so I'm worried that we might not be able to demonstrate that he has independent means. If I stated that he'd be living with me and that I could sponsor him, would that work as a route? Or is the marriage route more secure?