Uk Spouse Visa granted but divorce before she could enter UK

[Oneview]

Hi, I am a British citizen got married in India. We were together for only first 10 days and I came back to UK and applied for Spouse visa which was granted but the relationship didn't work and ended before she could entered UK. Visa team were informed to withdraw the sponsorship and visa has been revoke. As she never entered the UK do I have to still submit divorce decree if I want to apply new spouse visa in future (if I am plan to get married again) ?
Also if the islamic marriage done in other country is valid in UK than why islamic divorce ( which is valid in in India) is not valid in UK ?
I have spoken to few solicitor and they have no idea if Divorce decree is required as she never entered in UK. Could the expert please help me in this matter ?

[CR001]

As she never entered the UK do I have to still submit divorce decree if I want to apply new spouse visa in future (if I am plan to get married again) ?

Yes. You have to prove to HO that you are/were free to marry (again). As they will have a record of your ex spouse and visa, if you do not submit the degree absolute, a new visa with the new wife will be refused.

It has nothing to do with not entering the UK and everything to do with you being free to marry.

[Oneview]

Thanks CR001 for your quick response. I believe Indian court decree is enough to apply in future ? What if the court process takes time ( usually it happens in India) and as per the law in India I can remarry again on the bases of Muslim divorce and if any child from the marriage, do they will be considered Citizen of UK ? I mean I can apply for UK passport for the child ? and once I get the decree I can remarry with new marriage certificate and apply for spouse visa ?

[CR001]

To keep things simply and not complicate them, you should wait for your divorce. If the Indian process takes too long, I suggest you do the divorce in the UK, which is really what you should do as you are a UK citizen living in the UK.

You won't be able to 'remarry' in India if you are already married to the second wife in India.

[Oneview]

Thanks CR001. mutual consent divorce already filed in India. Islam Divorce already completed only waiting for Court order which is taking some time. As she is not with her parents and her address is unknown I would be able to file in UK and her parents don't care on this. Initially I though to do it in UK but because of her unknown location and time it takes ( 6 months) I though to do it in India.
Is there any fast track divorce in UK as we have already done religious divorce ( all paper signed alone with 4 witness on court stamp paper) ? As both parties agreed with mutual consent to close the matter isn't there should be some way to get the decree quickly without waiting for 6 months and other waiting period ?

[CR001]

No way to speed up the UK divorce process unfortunately.

I would strongly advise you to wait for the court order before remarry and having children.

We have had many tales of woe on the forum about member doing what you might do.

[Oneview]

Thanks CR001. Appreciate your help.

[Oneview]

Hi CR001,
I am sorry to come back again. I am acting as a proxy for my friend who cannot access this website due to restriction in office. He had just informed me that as the marriage was broken and was dragging since one and half year due to parents pressure he had married on the bases of India law which allows a person to marry without decree (divorce) his first wife. Now that he is very close to get the decree, his wife is pregnant which is worrying him as this should not shop him to apply for spouse visa after decree is granted. He consulted an lawyer and was advice to re-marry the same person with new date after the decree. I know he is in total mess but is this the right thing way forward ? his 2nd query was if there is any further delay and baby is born in India can he apply for his baby UK passport ? Please advice

[CR001]

I don't understand why people are always so impatient to do things.

Marrying in India while still married to someone else is completely separate to the requirements for immigration.

For immigration purposes, he was not free to marry and a spouse visa will fail.

He cannot 'remarry in India' if he has already married her in India.

P.S. Always useful to state if you are asking on behalf of someone else. Surely he has internet at home and can ask his own questions???

[Oneview]

Thanks CR001 for your patience. My friend was just writing on my behalf. I am working from home today and can access the site.

I have gone through the answers and my last question is if the decree process takes time or post decree (and after remarrying as the current marriage is not registered so I can remarry and register in court with new date) Spouse visa process takes time and the delivery happens in India than can I apply British passport for the child. in short is the child going to be British citizen as his father is British citizen ?

Regards

[CR001]

For the child, you might be required to submit proof of DNA for a British Passport.