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Married on spousal visa...divorce and marry again?

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tobi20167
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Married on spousal visa...divorce and marry again?

Post by tobi20167 » Wed Sep 14, 2016 11:40 am

Hi everyone,

I am currently married and on a marriage visa and I have just renewed my visa for another two years and half. Prior to this I found out that my wife had cheated on me and it is clear that the marriage has now broken down as both my wife and I have now moved on from each other. She however agreed to extend my visa as she believed she owed me.

I am currently in a new relationship and my partner is also a British citizen and I know she wants to get married. I am able to divorce my wife and marry again before its time to apply for ILR. Is there anything stopping me from doing this?

I look forward to hearing back from you !

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Re: Married on spousal visa...divorce and marry again?

Post by noajthan » Wed Sep 14, 2016 1:02 pm

tobi20167 wrote:Hi everyone,

I am currently married and on a marriage visa and I have just renewed my visa for another two years and half. Prior to this I found out that my wife had cheated on me and it is clear that the marriage has now broken down as both my wife and I have now moved on from each other. She however agreed to extend my visa as she believed she owed me.

I am currently in a new relationship and my partner is also a British citizen and I know she wants to get married. I am able to divorce my wife and marry again before its time to apply for ILR. Is there anything stopping me from doing this?

I look forward to hearing back from you !
This is not up to your wife :!:
She however agreed to extend my visa as she believed she owed me.
Your current visa needs to be curtailed due to divorce and new visa applied for.
Have you informed UKVI/HO of your divorce yet (as obliged to do so)?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

tobi20167
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Re: Married on spousal visa...divorce and marry again?

Post by tobi20167 » Wed Sep 14, 2016 1:21 pm

noajthan wrote:
tobi20167 wrote:Hi everyone,

I am currently married and on a marriage visa and I have just renewed my visa for another two years and half. Prior to this I found out that my wife had cheated on me and it is clear that the marriage has now broken down as both my wife and I have now moved on from each other. She however agreed to extend my visa as she believed she owed me.

I am currently in a new relationship and my partner is also a British citizen and I know she wants to get married. I am able to divorce my wife and marry again before its time to apply for ILR. Is there anything stopping me from doing this?

I look forward to hearing back from you !
This is not up to your wife :!:
She however agreed to extend my visa as she believed she owed me.
Your current visa needs to be curtailed due to divorce and new visa applied for.
Have you informed UKVI/HO of your divorce yet (as obliged to do so)?


Thank you for your response.

My wife and I have not yet divorced and have not even began divorce proceedings, so there is nothing to tell the HO yet.
I was just wondering whether there would be anything to stop me from divorcing my wife and marrying my new partner before applying for ILR?

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CR001
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Re: Married on spousal visa...divorce and marry again?

Post by CR001 » Wed Sep 14, 2016 1:24 pm

Your current visa is not 'transferable' to a 'new spouse'. A spouse visa is specific to the spouse who sponsored you. You won't qualify for ILR on your current visa.

Your (ex) wife had an obligation to inform HO of the change in relationship and your visa should have been curtailed. It is not about informing HO only when the divorce is finalised. Once you separated, she should have informed HO. If you separated before applying for extension, you could have issues.

https://www.gov.uk/government/publicati ... nsent-form

You can divorce and remarry, but you won't be able to get ILR through your current route as you will still need your (ex) wife's support, which is not possible if you are divorced. You will have to apply for a new spouse visa and a new 5 year residence before you qualify for ILR.
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Re: Married on spousal visa...divorce and marry again?

Post by noajthan » Wed Sep 14, 2016 1:28 pm

tobi20167 wrote:Thank you for your response.

My wife and I have not yet divorced and have not even began divorce proceedings, so there is nothing to tell the HO yet.
I was just wondering whether there would be anything to stop me from divorcing my wife and marrying my new partner before applying for ILR?
Good because any whiff of deception or doubledealing will have serious consequences if you have any ambitions for any sort of future in UK.

You don't have a visa to marry and live with just anyone; you have a visa from current wife just for this current wife.
The visa ends when that marriage ends.

If you have another wife lined up I sense UKVI may wish to scrutinise the new relationship quite carefully before issuing any new visa to permit you to remain in UK.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: Married on spousal visa...divorce and marry again?

Post by Casa » Wed Sep 14, 2016 3:29 pm

Also bear in mind that if you divorce and remarry you will only be able to apply for a new spouse visa from outside of the UK, starting the settlement visa process from point zero, setting you on a new 5 year route to settlement.

If you are still in the UK after you divorce, as a foreign national you will only be able to marry in a Home Office designated Register Office.

The Registrar will be legally bound to notify the HO of your intention to marry and they can then extend the notification period from 28 to 70 days in order to interview you and your new partner separately before the wedding can take place.

As your current visa became invalid once your relationship with your sponsor was no longer subsisting, you will be at risk of detention or removal during the interview.

Even if the HO give permission for you to marry, you will still have to return to your home country to apply for your spouse visa, meeting all the same conditions again. This will include your new wife meeting the £18,600 minimum income level.
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Re: Married on spousal visa...divorce and marry again?

Post by tobi20167 » Thu Sep 15, 2016 10:55 am

Casa wrote:Also bear in mind that if you divorce and remarry you will only be able to apply for a new spouse visa from outside of the UK, starting the settlement visa process from point zero, setting you on a new 5 year route to settlement.

If you are still in the UK after you divorce, as a foreign national you will only be able to marry in a Home Office designated Register Office.

The Registrar will be legally bound to notify the HO of your intention to marry and they can then extend the notification period from 28 to 70 days in order to interview you and your new partner separately before the wedding can take place.

As your current visa became invalid once your relationship with your sponsor was no longer subsisting, you will be at risk of detention or removal during the interview.

Even if the HO give permission for you to marry, you will still have to return to your home country to apply for your spouse visa, meeting all the same conditions again. This will include your new wife meeting the £18,600 minimum income level.
Thank you!

I do not mind leaving the UK to begin the process again, however if I had my choice I would prefer to stay in country.
After my wife lets the home office know that we are no longer in a subsisting relationship, is it guaranteed they will curtail the visa, as I have read that nobody knows what decision the home office will make once you let them know.
Also once my wife lets the Home office know, how long do I have to make another application? (not necessarily another spouse visa, but any application)

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Re: Married on spousal visa...divorce and marry again?

Post by CR001 » Thu Sep 15, 2016 11:15 am

Your visa will be curtailed as you and your sponsor are no longer in a subsisting relationship. How long HO takes to inform you is anyone's guess but rest assured, the details will be available on their system.

What do you mean by 'any application'? What application were you thinking of making or do you think you might qualify for? You can only apply for certain apps if you qualify for them and very few that you can apply for within the UK.
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Re: Married on spousal visa...divorce and marry again?

Post by tobi20167 » Thu Sep 15, 2016 11:26 am

CR001 wrote:Your visa will be curtailed as you and your sponsor are no longer in a subsisting relationship. How long HO takes to inform you is anyone's guess but rest assured, the details will be available on their system.

What do you mean by 'any application'? What application were you thinking of making or do you think you might qualify for? You can only apply for certain apps if you qualify for them and very few that you can apply for within the UK.
Thank you.

Ok so it is unsure how long the HO will take to get back to us once we have let them know.

I was thinking about a work visa,as I believe my work place would be able to sponsor me as I have had this conversation with them before. I was also thinking that I could make an application for discretionary leave under Article 8.

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Re: Married on spousal visa...divorce and marry again?

Post by CR001 » Thu Sep 15, 2016 11:41 am

tobi20167 wrote:[I was thinking about a work visa,as I believe my work place would be able to sponsor me as I have had this conversation with them before. You cannot apply within the UK for a Tier 2 General visa, assuming your employer is an HO approved sponsor. They would also have to conduct the full and proper RLMT process, to prove to HO that you were not 'pre-selected' for the role, a bit difficult if you are already an employee and technically not a 'new' or 'vacant' role.

I was also thinking that I could make an application for discretionary leave under Article 8. How long have you been in the UK? On what basis do you think this application would be a qualifying route?
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Re: Married on spousal visa...divorce and marry again?

Post by tobi20167 » Thu Sep 15, 2016 1:43 pm

CR001 wrote:How long have you been in the UK? On what basis do you think this application would be a qualifying route?
Well I have not really thought about it in much detail and I suspect I would need a strong case, I have been here for 6 years, I have a have a diploma, msc and MBA from this country and I am now working full time. I also have family here. I have an active role in a church charity, I mean I feel I have strong ties in the UK, and the plan was to build up my life here, happily married, if not for my wifes infidelity.

I will of course use an immigration solicitor to help with my case, if this is the route I choose to take

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Re: Married on spousal visa...divorce and marry again?

Post by CR001 » Thu Sep 15, 2016 1:47 pm

Unlikely you will succeed in an application for discretionary leave to remain or leave outside the immigration rules. What you have listed would not be considered 'insurmountable obstacles' to moving back to your home country.

Best look for other avenues/visas which won't 'tarnish' your immigration history.
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Re: Married on spousal visa...divorce and marry again?

Post by tobi20167 » Thu Sep 15, 2016 1:51 pm

CR001 wrote:Unlikely you will succeed in an application for discretionary leave to remain or leave outside the immigration rules. What you have listed would not be considered 'insurmountable obstacles' to moving back to your home country.
What type of circumstances are considered 'insurmountable obstacles?'

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Re: Married on spousal visa...divorce and marry again?

Post by CR001 » Thu Sep 15, 2016 2:11 pm

Your best option, to be honest, is to sort out the divorce if you are not able to reconcile, marry your new partner, return to your home country and apply for a new spouse visa.

Discretionary leave is not the correct term either. You would need to look at FLR(O) or FLR(FP), both of which also require a strong case and evidence.

See the link below, there are also links to FLR(O) and FLR(FP) in there. Discretionary leave is mostly for asylum seekers, refugees, domestic violence/slavery victims, people who have lived in the UK for 15/20 years after coming as a minor, etc. and they have to prove an incredibly strong case. What you have described is not such a case. 'Wanting' to live in the UK is unfortunately not sufficient and 6 years in the bigger scheme of things is not really that long and as a single person who is educated, HO will take the view that you can easily adjust to your home country again.

https://www.gov.uk/government/uploads/s ... __v7_0.pdf
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