Question about Spouse application

[funkymale]

Hi There,

I am going to apply for my wife's visa. she lives in UAE but of an Indian national. I have some questions and looking for guidance.

My wife was previously married to a UK citizen and got divorced. We do not have any divorce certificate as it was done via text by ex husband. The marriage was never registered in UK. While she was married she did come to UK on a visit visa on her ex husbands sponsorship. She has been to UK many times as lately as this year in January on a visit visa. She was once refused a visa by UK home office due to her over stay on previous (clinical placement visa) visit but that was due to error in dates from home office. They rectified the error and gave her the visa the next day after she submitted the email that was received from High Commission personal. After that she applied for UK visa twice once for visit and another time for internship and it was accepted without any issue. We got married in India last year and have marriage certificate as well as court certificate that was provided by the state government confirming our relationship. My questions are as follows:

1) What should I do about her previous relationship? Should I include it and tell them that there is no divorce paper as in our religion it can be done by husband. Or should I not mention it as it was not registered in UK.

2) Would they take her past visa application into consideration while making decision on this application?

3) Do I have to notify the documents in a country that I am applying from (UAE) when the documents are from Indian Government?

4) From my side everything is up-to-date as my work,bank statements and housing paper are all ready.

Thank you

[wahi66]

Hi There,

I am going to apply for my wife's visa. she lives in UAE but of an Indian national. I have some questions and looking for guidance.

My wife was previously married to a UK citizen and got divorced. We do not have any divorce certificate as it was done via text by ex husband. The marriage was never registered in UK. While she was married she did come to UK on a visit visa on her ex husbands sponsorship. She has been to UK many times as lately as this year in January on a visit visa. She was once refused a visa by UK home office due to her over stay on previous (clinical placement visa) visit but that was due to error in dates from home office. They rectified the error and gave her the visa the next day after she submitted the email that was received from High Commission personal. After that she applied for UK visa twice once for visit and another time for internship and it was accepted without any issue. We got married in India last year and have marriage certificate as well as court certificate that was provided by the state government confirming our relationship. My questions are as follows:

1) What should I do about her previous relationship? Should I include it and tell them that there is no divorce paper as in our religion it can be done by husband. Or should I not mention it as it was not registered in UK.

I believe you are Muslim where divorce can be done verbally. anyway were the first marriage was register in India??
is the new marriage have details of previous marriage/divorce?



2) Would they take her past visa application into consideration while making decision on this application?

did she provide details of her marriage and husband in the past application??

3) Do I have to notify the documents in a country that I am applying from (UAE) when the documents are from Indian Government?

4) From my side everything is up-to-date as my work,bank statements and housing paper are all ready.

what is the question?


Thank you

[seagul]

Hi There,

I am going to apply for my wife's visa. she lives in UAE but of an Indian national. I have some questions and looking for guidance.

My wife was previously married to a UK citizen and got divorced. We do not have any divorce certificate as it was done via text by ex husband. The marriage was never registered in UK. While she was married she did come to UK on a visit visa on her ex husbands sponsorship. She has been to UK many times as lately as this year in January on a visit visa. She was once refused a visa by UK home office due to her over stay on previous (clinical placement visa) visit but that was due to error in dates from home office. They rectified the error and gave her the visa the next day after she submitted the email that was received from High Commission personal. After that she applied for UK visa twice once for visit and another time for internship and it was accepted without any issue. We got married in India last year and have marriage certificate as well as court certificate that was provided by the state government confirming our relationship. My questions are as follows:

1) What should I do about her previous relationship? Should I include it and tell them that there is no divorce paper as in our religion it can be done by husband. Or should I not mention it as it was not registered in UK.

2) Would they take her past visa application into consideration while making decision on this application?

3) Do I have to notify the documents in a country that I am applying from (UAE) when the documents are from Indian Government?

4) From my side everything is up-to-date as my work,bank statements and housing paper are all ready.

Thank you

1. Remember that giving false information leads to deception which bans the applicant to enter UK for several years. Therefore, honestly tell her previous relationship. There is no way that there is no divorce certificate is obtainable as its certainly possible and without it your second marriage would be invalid under HO eyes and will leads to refusal.

2. Definitely yes including the information relating to previous relationship and marital status.

3. NO issue, once a person becomes resident in another country mostly after living 6 months then can apply from there.

4. Make sure that financial documents are not older than 28 days.

[funkymale]

1) What should I do about her previous relationship? Should I include it and tell them that there is no divorce paper as in our religion it can be done by husband. Or should I not mention it as it was not registered in UK.

I believe you are Muslim where divorce can be done verbally. anyway were the first marriage was register in India??
is the new marriage have details of previous marriage/divorce?


The first marriage took place in Dubai and it was registered there. To get the divorce certificate from the UAE government they require husband's decision or letter from him. Unfortunately, we have no knowledge of his whereabouts and we have not been in contact him for past 3 years. No the new marriage does not have any details of the previous marriage.


2) Would they take her past visa application into consideration while making decision on this application?

did she provide details of her marriage and husband in the past application??

She used a declaration letter from him when applying for a visit visa. After that she applied twice for UK visa once for visit and once for interneship without mentioning his past relationship and she was granted the visa.

3) Do I have to notify the documents in a country that I am applying from (UAE) when the documents are from Indian Government?

4) From my side everything is up-to-date as my work,bank statements and housing paper are all ready.

what is the question?


Thank you

[wahi66]

1) What should I do about her previous relationship? Should I include it and tell them that there is no divorce paper as in our religion it can be done by husband. Or should I not mention it as it was not registered in UK.

I believe you are Muslim where divorce can be done verbally. anyway were the first marriage was register in India??
is the new marriage have details of previous marriage/divorce?


The first marriage took place in Dubai and it was registered there. To get the divorce certificate from the UAE government they require husband's decision or letter from him. Unfortunately, we have no knowledge of his whereabouts and we have not been in contact him for past 3 years. No the new marriage does not have any details of the previous marriage.


but you can still get a divorce in UAE if spouse is not in contact.
this is something risky. if found out by the authority she would be ban for years.


2) Would they take her past visa application into consideration while making decision on this application?

did she provide details of her marriage and husband in the past application??

She used a declaration letter from him when applying for a visit visa.

what type of specific declaration was that??

After that she applied twice for UK visa once for visit and once for interneship without mentioning his past relationship and she was granted the visa.

3) Do I have to notify the documents in a country that I am applying from (UAE) when the documents are from Indian Government?

4) From my side everything is up-to-date as my work,bank statements and housing paper are all ready.

what is the question?


Thank you

[CR001]

My wife was previously married to a UK citizen and got divorced. We do not have any divorce certificate as it was done via text by ex husband. The marriage was never registered in UK. While she was married she did come to UK on a visit visa on her ex husbands sponsorship.

There is NO requirement to register a foreign marriage in the UK.

As she has clearly stated previously that she has a British husband for a visitor visa application, HO will almost certainly check her immigration history, which she is required to state in her spouse visa application form, and HO will expect to see a divorce decree absolute (mandatory document) to prove that she was free to marry again.

I am not sure if HO will accept 'divorce by text' as 'official', especially since the British husband most likely lives in the UK and should have availed of the UK divorce procedure.

[shargaur]

Totally agree, second marriage without a divorce is invalid in HO eyes. You should get absolute decree or vakalat nama for your first marriage.

There is no way that there is no divorce certificate is obtainable as its certainly possible and without it your second marriage would be invalid under HO eyes and will leads to refusal. As you mentioned, she traveled on her sponsorship, she must have mentioned him as his husband as part of the sponsorship.

[funkymale]

Totally agree, second marriage without a divorce is invalid in HO eyes. You should get absolute decree or vakalat nama for your first marriage.

There is no way that there is no divorce certificate is obtainable as its certainly possible and without it your second marriage would be invalid under HO eyes and will leads to refusal. As you mentioned, she traveled on her sponsorship, she must have mentioned him as his husband as part of the sponsorship.

I know this very well, but we have been to UAE marriage council to get the certificate and due to their rules they can not issue the certificate without asking ex husband if he indeed gave the divorce, we even showed the text and email that he sent but they said it can be from anyone, They either need him in UAE or a letter from him directly to the council stating that he indeed divorced her.

About her previous travel history. She did not travel on her sponsorship, She applied for a normal visit visa and when her initial visit visa was refused this is the letter he sent to home office

Dear Sir/Madam,

I, Ms. XXXX (ABDH / 0000) am writing to give my written consent and authority to share information relating to my case with my husband Mr XXX (British Passport No: XXXX) via the following email: XXXX

I appreciate the steps you have taken to uphold data privacy laws and protect my information from third party. I would appreciate if you would accept this letter as my written authority to share information with my husband Mr XXX.

Thank you for your time and co-operation.

Yours faithfully,
XXX

After that the home office emailed her asking to resubmit her passport and visa was granted.

I am at a roadblock here to what to do as we have tried obtaining the divorce certificate but without his letter or presence it's not possible.