Divorce & Marriage

[Lina33]

Hi, hope all is well, I need assistance regarding marriage, let me give you some details for better understanding.

My sister came to the UK in Nov 2021 on Student visa along with husband and her son as student dependants.
While pursuing her MBA, she got a job in health care as care worker and the organisation offered skilled worker visa, so currently she is now on skilled worker visa and both husband and son are skilled worker dependant visa.

Now the situation is well before coming to the UK, my sister been victim of domestic violence which she was bearing and trying to get this marriage work, she thought once coming to the UK things will be fine and both will live happily but unfortunately, the things remain the same and some point it became worst.
One of my close friend who knew about my sister’s situation as I use to share this with him approached me couple of weeks ago and proposed to marry her. I know him very well for the past 15 years and I believe this is the right thing to do as everyone deserve a decent life.

Now the questions in my mind are:
1. As she is now Skilled worker visa (main applicant) both husband and son are as dependant, she ending her marriage I assume will cancel both husband and son’s visa ?
2. As the marriage was done in India how can she end the marriage in the UK.?
3. He still want her son to live with her in the UK – how to arrange this ?
4. How can she marry my friend, fyi – my friend is a British Citizen?
5. How long this whole process take to end the initial marriage and re-marrying ?

Any assistance in this regard will be greatly appreciated.

Thank you.

[Casa]

There are several issues here.
1. Her son's visa would remain valid as her Dependent, even if she divorces his father.
2. Her husband may have other visa options to remain in the UK
3. What is her reason for marrying your friend? A marriage of convenience?
4. If her husband contests the divorce, it could be a long process. Even a non-contested divorce could take 6 or more months for the Divorce Decree Absolute to be granted.

I've posted a link to the Citizen's Advice Bureau (CAB). Her local CAB will provide free advice.
https://www.citizensadvice.org.uk/famil ... ssolution/