Denied Fiance Visa

[DTW81]

Hello all

I'm just looking for a bit of advice.

My fiancé's visa application has been declined. She is Japanese and I am British and she applied to come the the UK. This is due to not enough evidence that my previous relationship had broken down.

My divorce isn't finalised but well underway and my solicitor thought that it wouldn't be a problem. The evidence provided was the reply to my petition of divorce where it states that my soon to be exwife does not wish to contest the divorce. I also sent the documentation with the date of when the Nisi would be granted.

We found out today that the application had been declined and needless to say we're heartbroken.

My decree nisi is due to be granted today also so i'm wondering what the best way to proceed would be.

We have been apart for nearly 3 months and it's been the most difficult time of my life.

What is the quickest way to resolve this? Once I receive the documentation from the decree Nisi tomorrow, is it possible to simply reapply?

Thanks for any advice you can provide.

David

[Casa]

You need to submit the decree absolute certificate which is applied for 6 weeks + 1 day after the decree nisi. The decree nisi does not mean that the Petitioner and the Respondent are actually divorced, which comes only with Decree Absolute. You can't submit an application to the county court for a decree absolute before 6 weeks + 1 day have passed. If you do, it will be rejected.

[DTW81]

Thanks for the reply -
I think whoever processed our application must have been having a bad day! The guidelines say we just have to prove that the relationship is over and that the divorce is well under way.
I initially petitioned for divorce back in January but due to the volume of divorce's they are currently dealing with it's taking forever.

If they need a decree absolute to grant the visa then the guidelines should clearly state that, they do not!

[Casa]

Case Workers at discretion accept a Decree Nisi as proof that the divorce is close be being finalised, but as you've already had one refusal I wouldn't risk applying without the Decree Absolute. The ECO may well take the view that if a divorce is delayed for more than 6 months from the visa issue date then the fiance visa would be invalid.
When you apply again, make sure all your documents are up-to-date.

[HarryC]

You must prove that any previous relationships you or your partner had are permanently broken down.

Signing an acknowledgement form by respondent isnt a proof as court still can decline or refuse a divorce if grounds arent clear.
Proof of a breakdown is an official letter from court and not just a signed form