Fiancé visa and pending divorce

[Duo2]

Hello,
I am hoping some of you may know about timing for the fiancé visa?

I am a UK guy awaiting decree nisi in my divorce from my soon to be ex wife (also UK citizen) .

I am planning to marry my American fiancé.

I have heard that it is possible to apply for a fiancé visa for her to come to the UK before the previous marriage divorce is finalised, so long as sufficiently advanced in the legal process. Is this correct? At what time can I apply? Before decree nisi, or between nisi & decree absolute? Does the progress towards court order for separation of marital assets have any bearing? Or is this all just incorrect advice, and in fact I need to wait decree absolute before my fiancé applies?

Any help would be appreciated.

[Casa]

Hello,
I am hoping some of you may know about timing for the fiancé visa?

I am a UK guy awaiting decree nisi in my divorce from my soon to be ex wife (also UK citizen) .

I am planning to marry my American fiancé.

I have heard that it is possible to apply for a fiancé visa for her to come to the UK before the previous marriage divorce is finalised, so long as sufficiently advanced in the legal process. Is this correct? At what time can I apply? Before decree nisi, or between nisi & decree absolute? Does the progress towards court order for separation of marital assets have any bearing? Or is this all just incorrect advice, and in fact I need to wait decree absolute before my fiancé applies?

Any help would be appreciated.

Your fiancee will be unable to submit her visa application until you are able to provide a copy of your divorce decree absolute.

[Obie]

Casa, i thought a concession was in place, which allows fiance to apply if it is likely that their partner will be granted Decree Absolute within 6 months, to enable a marriage to take place.

[Duo2]

Thanks Casablanca & Obie, I thought there might be some proviso like Obie suggests... Can anyone confirm?

[Casa]

Casa, i thought a concession was in place, which allows fiance to apply if it is likely that their partner will be granted Decree Absolute within 6 months, to enable a marriage to take place.

Thank you Obie, I recall that concession now and have found this as confirmation of the conditions:

SET1.17 What if the divorce / dissolution process is not yet finalised?
An entry clearance should not be refused for this reason alone. The ECO would normally expect to see evidence that the divorce / dissolution proceedings are well under way.

While the divorce / dissolution may well come through within the 6-month Leave to Enter (LTE) period, thereby enabling the couple to marry, the ECO should be aware that divorce / dissolution proceedings may take longer than 6 months to resolve.

Should one of the partners still be waiting for a divorce / dissolution to come through at the end of the 6-month LTE period, they may apply to UK Visas and Immigration for an extension of stay. Once married, the applicant may then apply for Leave to Remain (LTR) as a spouse.

[Obie]

Thanks CASA. It looks like that concession may not be in existence. As the new Guidance, ask caseworkers to look at Paragraph 23, and 25-26 of Appendix FM (SE), which may be inconsistent with that policy.

See Page 26.

[Casa]

Ah! And in Appendix FM - Section 1:
(ii) If the applicant is a fiancé(e) or proposed civil partner, neither the applicant nor their partner can be married to, or in a civil partnership with, another person at the date of application.

[Obie]

Precisely. E-ECP 2.9(ii).

Being a while since i advised on this in any capacity. Good to update myself again.

Thanks Casa.

[Casa]

Precisely. E-ECP 2.9(ii).

Being a while since i advised on this in any capacity. Good to update myself again.

Thanks Casa.

You brought it to my attention...not always easy to keep track of everything!

[kinger18]

Ah! And in Appendix FM - Section 1:
(ii) If the applicant is a fiancé(e) or proposed civil partner, neither the applicant nor their partner can be married to, or in a civil partnership with, another person at the date of application.

i suppose this negates your previous post as I have also seen that guidence.
I am in similar situation and waiting for decree nisi to come through.
so if point 17 on the form below no longer applicable ?

https://www.gov.uk/government/publicati ... cees-set01