2nd Marriage Spouse Visa

[110110110]

HI All,

I got Tier 1 General in 2010 Jan. My X (dependent on tier 1 general) filed a divorce on sep 2012. decree Nisi was issued on jan 2013. i Extended by visa for another two years in jan 2013(3+2). In sep 2014 i went back to Pak and re-married then in jan 2015 applied for ILR and got it. Now in August 2015 got Absolute decree.

My question is, my marriage in sep 2014 is it valid in uk? provided its done before absolute decree and can i apply spouse visa on that marriage certificate.
2nd question. As i was on Tier 1 General visa in Sep 2014 when i entered into marriage in pakistan, would i be termed as UK DOMICILED or domiciled of my orignial nationality?

[Casa]

Under British law (and Immigration Rules) your second marriage won't be considered as legal as it took place before your decree absolute. My understanding would be that as you consider the UK 'your permanent home' (you applied for and were granted ILR) and I assume you pay UK taxes, you are domicile here.

[110110110]

Yes, But in Sep 2014, i was not on ILR and at that point of time i was on VISA and holds the nationality of another country(Still). now one can say i have ILR and can term i am domiciled here.

[Casa]

In which country did you pay tax on your earnings?

[Wanderer]

This might help (not an answer but a logical thought process).

Example of a Muslim man, with two wives in his home country, obtains WP for UK, wants to bring a wife over as dependant, can he chose which one or is only the first recognised in UK?

[Casa]

I think Wanderer (but open to other views) that in that instance he can elect which wife to bring. What he can't do is to apply for a spouse visa for the other one before he has been granted a divorce decree absolute for the first one who settled here.

Also domicility:
“when a man fixes voluntarily his sole or chief residence in a particular place with an intention of continuing to reside there for an unlimited time”, as Lord Justice Buckley outlined in IRC v Bullock [1976] 1 WLR 1178.

“Abandonment only takes place when the person has left the country with no further intention of ever residing there again.”

[110110110]

HI Sorry for this long delay.

I paid taxes in UK throughout sine 2004
Decree nisi was issued on Jan 2013 i married again in Pak in sep 2014 and decree absolute issued in aug 2015.

If i can not apply spouse visa due to the fact that, absolute decree was not issued at that time, what would be the other way to bring my wife to uk?

[Casa]

This is a common problem. Apply for a fiance visa, marry in the UK under British law and switch to a FLR(M) visa from within the UK. The marriage and the FLR(M) application must take place within 6 months. As this requires two visa applications, you will also have to pay two visa fees.
Fiance visa = £946
FLR(M) = £649 postal application or £1049 if submitted in person.
In addition before submitting the FLR(M) application you will have to pay the NHS surcharge online of £500.

This is all assuming that you are earning a minimum of £18,600 per annum or have savings of £16,000 or over to make up any shortfall.
Your wife will also have to pass the pre-entry A1 level English test before submitting her application.
https://www.gov.uk/join-family-in-uk/overview

https://www.gov.uk/healthcare-immigrati ... n/overview

[110110110]

Sorry just to clarify a confusion: what your advising is that,
My wife should "Apply to join family living permanently in the UK" as a fiancé and NOT as a Spouse. ? and that she should not apply for "Marriage Visitor visa" ?

[noajthan]

This might help (not an answer but a logical thought process).

Example of a Muslim man, with two wives in his home country, obtains WP for UK, wants to bring a wife over as dependant, can he chose which one or is only the first recognised in UK?

In order to be recognised as valid, all marriages which take place in the United Kingdom must be monogamous and must be carried out in accordance with the requirements of the relevant legislation.

For a polygamous marriage to be considered valid in the UK, the parties must be domiciled in a country where polygamous marriage is permitted, and must have entered into the marriage in a country which permits polygamy.

The Immigration Directorate Instructions (IDI) state that it is Government policy to prevent the formation of polygamous households in this country. Although the current Immigration Rules relating to spouses prevent two wives from seeking entry to the UK in this capacity, there are ways in which all parties to a polygamous marriage may be legally present here. For example, a second wife may come to the UK legally through an alternative migration route other than in her capacity as a spouse.

Ref: www.parliament.uk/briefing-papers/sn05051.pdf

[Casa]

Sorry just to clarify a confusion: what your advising is that,
My wife should "Apply to join family living permanently in the UK" as a fiancé and NOT as a Spouse. ? and that she should not apply for "Marriage Visitor visa" ?

Exactly. A marriage visitor visa would require her to leave the UK after the wedding. i.e if she doesn't want to settle in the UK. As the marriage in her home country isn't recognised under British law for immigration purposes you aren't currently husband and wife so you are unable to apply for a spouse visa as you are considered to be an unmarried (engaged) couple. You can't now marry in your home country as under national law you are already married.(That's assuming that under Sharia law you declared the existence of your first wife when the marriage took place.)

[110110110]

Thanks Casa

One more thing. The form remains the same and everything else But instead of ticking on Spouse i have to tick on engaged.

And as when i got married i changed her last name to my name and the passpost and the national identity card was also changed into my name. So when she applied as an engaged person her passport will show that she is already married to me and not a single person. will it confuse the Immigration authorities??? And do i have to write a letter with the application explaining we are already married but applying as an engaged person because of our marriage is not recognized in uk?

[Casa]

You can include an explanation with your wife's application. It won't be a problem as your situation happens frequently.

[110110110]

Another question

If i am applying as a Fiance (Partner). Is there a requirement to show you have been living together for 2 years?? and can i still provide the marriage certificate ?

[CR001]

Another question

If i am applying as a Fiance (Partner). Is there a requirement to show you have been living together for 2 years?? and can i still provide the marriage certificate ?

No, there is not but you have to have evidence that you have met each other, wedding plans etc.

[110110110]

Do i have to pay NHS Health surcharge on fiance Visa as well?? and is Fiance Visa only for 6 months?? or for 2.5 years like spouse visa? I am using the same form to apply fiance visa.

Plus is there a restriction to get married on fiance visa within Six months and then straight away apply for FLR(M)??

[CR001]

Do i have to pay NHS Health surcharge on fiance Visa as well?? and is Fiance Visa only for 6 months?? or for 2.5 years like spouse visa? I am using the same form to apply fiance visa.

Plus is there a restriction to get married on fiance visa within Six months and then straight away apply for FLR(M)??

Health surcharge is not payable for fiance visa, which is only valid for 6 months. When you/your partner switches to FLR(M), you will have to pay the surcharge for 2.5 years (£500).

You have to get married within 6 months before the fiance visa expires and you have to apply for FLR(M) once married and before the fiance visa expires.

[Petaltop]

Do i have to pay NHS Health surcharge on fiance Visa as well?? and is Fiance Visa only for 6 months??

Fiance visa is 6 months. Therefore as per the link below, she doesn't pay the Immigration Health Surcharge and will need to pay for any use of the NHS. If she doesn't have insurance to pay, the NHS add 50% to her bill.


https://www.gov.uk/healthcare-immigrati ... n/overview

Visitor visas and short-term visas

You don’t have to pay the healthcare surcharge if you’re applying from outside the UK for a visitor visa or any visa that lasts 6 months or less.

You don’t need to use the healthcare surcharge service or get an IHS reference number for your visa application. Instead, you’ll have to pay for any healthcare you get through the NHS at the point you use it.

[Annonymous]

Hi,

I am in a very similar situation to yours got my wifes visa refused twice. Its in the court of appeal now.

You need to read the guidelines provided for the acceptance of divorce by the UKVI.

I am closely watching the outcome of your application with your Fiance Visa application.

Good luck for your wife visa application.

Keep us updated on the forum.

[110110110]

HI

One more question as i am applying finance Visa and it is for 6 months, do i have to show tuberculosis test results ? or this is not a requirement of it.

Syed

[Casa]

It will be required as the fiance visa will be extended from within the UK to a 2.5 year spouse visa.

[110110110]

Addition to all the requirements do i have to give Sponsorship form: form SU07 And an Invitation letter>? is it mandatory for Fiance Visa>?

[110110110]

Addition to all the requirements do i have to give Sponsorship form: form SU07 And an Invitation letter>? is it mandatory for Fiance Visa>?

Can anyone please advice?? is it mandatory? As i want to fill the form this weekend to apply.
Documents which i have including are:
Income Evidence
1. 6months wages, 6 months Bank statement and Employer letter.

Relationship Evidence
1. Tickets of the three visits, Photos(5), entry exit stamps copies on my passport.
2. Absolute decree and Final Order, Nisi Decree
3. Marriage certificate and English translation, Wedding card, Group photos (5)
4. Skype screen shots, Whatsaap chat e-mail, Landline phone call bills. (About 60 pages)

Accommodation Evidence
1. Title deed, Mortgage statement.

Personal details:
1.My passport copy and residence permit copy.

Wife Documents:
1. Passport
2. Ilets result
3. TB test result
4. Bio matrics
5. Bank statement(not required)

Plus a letter explaining that, why i am applying fiance visa and not spouse visa, which would be like, Because the marriage in Pakistan took place before decree absolute was issued it it not recognized in UK. Therefore, bringing my wife on finance visa so that i can registered the marriage in uk and then apply for spouse visa from UK.

Kindly advise if i am missing anything??

[Casa]

My understanding is that form SU07 is for 'other dependant relatives'. However, I have seen Entry Clearance Officers requesting this incorrectly for a fiance visa, so you may want to include it as it won't adversely affect your application when it's not required.

You do need to submit a letter supporting your fiancee's application. I've referred to your wife as your fiancee to avoid confusion for those who aren't aware of the background.

[110110110]

oNE MORE QUESTION.

is it mandatory to give home inspection report?? even if i own the flat ? (The flat is in my name and x).
at the moment i am only providing mortgage statement+title deed+bank statements tallying the mortgage payments.