Divorce and new partner

[Doc786]

Hi all,

I have a situation where I need some advice,

I am currently going through a divorce which should now be finalised/awarded in January 2015. My former wife was from India but now has British citizenship. (I sponsored her, went through naturalisation etc.)

Since we separated (We have been apart 1yr and 7 months ish), I have met another lady from the Ukraine, ive been to see her, we have exchanged letters, calls etc, same as I did with my ex. We want to basically get together and spend the rest of our lives together.

What I want to know is am I able to call her over to live together then get married when my final divorce decree comes through or do I have to wait until divorce is finalised?

regards
Doc

[Obie]

You could sponsor her over, provided your divorce is close to completion and you intend to get marry her.

You can sponsor her on a fiance visa.

If you meet the requirement of 289AA

[Amber]

Bare in mind the Financial Requirement for leave as a spouse is completely different to the adequate maintenance you previously had to satisfy.

[Obie]

Sorry, i was about to reply to your message, on whether i meant Appendix FM or not, and realised you had refined your comment.

Yes, the OP has to meet to 289AA, and then the requirement of Appendix FM, for the purpose of ensuring that after the marriage, they are able to meet its requirement.

But yes 289AA continue to apply and not affected by the changes.

In regards to Maintenance requirement, OP will need to show that the 18,600 requirement is met. I fully agree with you on that, and thanks for your assistance in completing the requirement that OP has to meet.

289AA more or less defines the requirements in details.

The 6 months is not counted in the 30 months leave before renewal. Even in the savings it is not counted.

For the 6 months, only the adequate maintenance has to be met. But they have to show they will meet 18600 after marriage, before that visa can be issued.

[Amber]

Applicants who want to enter the UK as fiancé(e) or proposed civil partner on or after 9 July 2012 must apply under Appendix FM Section EC-P 1.1.

[Obie]

What is incorrect exactly?

I did not say the E-ECP 1.1 does not have to be met.

I said 289AA applies in conjunction with E-ECP 1.1, the material difference being the Financial Requirement, which a fiancee has to meet, as the will be applying as married partner after marriage.

289AA is still applicable.

[Obie]

Sorry Amber, what is the incorrect statement

[Amber]

Sorry Obie, you are correct, I had amended my comment before you responded. I was trying to convey the fact that without meeting the Financial Requirement subsequently, an application for FLR(FM) would fail.

[Amber]

Does E-ECP 1.1 not require the Financial Requirement to be met at EC for a Fiancé? I'm concerned that adequate maintenance doesn't apply.

[Obie]

Apologies for fast response. I will go as far as to say that not only will a FLR(M) fail, but the person will not pass the EC stage for the issue of Fiance Visa.

The rule is seeking to prevent a situation wherein a person enter to get married, and after marriage they could not meet the financial requirement.

[Amber]

It seems they're at odds with each other the immigration rules insinuating that adequate maintenance will suffice but EC rules stating that the Financial Requirement must be met.

Mentioning adequate maintenance at all is really a red herring.

[Obie]

I believe 289AA is applicable, but a person will then need to show that the requirements of Appendix FM is met.

It appears that the Transitional provision only maintained 289AA but the rest was not maintained.

You are absolutely correct amber, on a closer look .

Everything else is Appendix FM, save for 289AA


290 is not applicable, but the terms are very similar, save for the Adequate maintenance .

290 was not saved by the transitional provision.