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This is not up to your wifetobi20167 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 !
Your current visa needs to be curtailed due to divorce and new visa applied for.She however agreed to extend my visa as she believed she owed me.
noajthan wrote:This is not up to your wifetobi20167 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 !
Your current visa needs to be curtailed due to divorce and new visa applied for.She however agreed to extend my visa as she believed she owed me.
Have you informed UKVI/HO of your divorce yet (as obliged to do so)?
Good because any whiff of deception or doubledealing will have serious consequences if you have any ambitions for any sort of future in UK.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?
Thank you!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.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.
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?
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.CR001 wrote:How long have you been in the UK? On what basis do you think this application would be a qualifying route?
What type of circumstances are considered 'insurmountable obstacles?'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.