UK Spouse visa after a divorce

[z4ydi]

I am a British Citizen I got married to an Iranian National in 2005 who was living in Pakistan, and sponsored her to the UK on the basis of marriage (she applied for UK spouse visa from Islamabad - visa was granted) and we lived together in the UK from November 2006 until June 2008. In June 2008 we went to Iran for a holiday where our marriage broke irretrievably and ended up in divorce in that country. While my x-wife was in Iran, her UK Spouse visa expired and she did not apply for Indefinite Leave to Remain in the UK either soon after the breakdown of marriage I informed the UK Boarder Agency as well as the (Visa Correspondence Section, UK Border Agency, International Group (Pakistan), British High Commission, Islamabad) of the breakdown of our marriage and withdrawn my support for her via a letter which received an acknowledgement from both. The divorce took place in Nov/2008 in the Iranian family court and a decree absolute was issued - which I then translated through an autorized translation firm. From my x wife I have a son ( born in London, UK) and a daughter ( born in Iran) from my previous marriage, my x-wife, has their custody and they live with her in Iran.

I have remarried in January 2010 a Pakistani National - she is currently living in Pakistan.
my questions are:
1. Is my divorce certificate recognized in the UK.
2. Do these oversea divorces complicate the process and adds up more processing time?
3. Can I do the representation or should I appoint a solicitor.
4. I have done a letter that covers these 4 areas:
Subsistence of Marriage
Maintenance by the Sponsor
Accommodation
Personal Request
I have also included a detailed explination of my previous marriage and divorce and clarified that my x-wife does not live in the UK.
5. should I include the email correspondance that I received from UK boarder agency or that will make them look into things unnecessarily hence causing delays.
6. Finally has any one got simillar experience if so please let me know the steps you have taken.
7. Is my daughter a British or is she Iranian because she was borne in Iran after the breakdown of our marriage.

[John]

Using your numbering :-

1. As long as it is legal in the country where it was issued, the UK will also recognise it.
2. Expect it to take a bit longer, because those in Pakistan might feel the need to contact colleagues in Iran, to verify the authenticity of the divorce papers. That is, it is not that it is non-UK paperwork, it is that it is from a different country, which the people in Pakistan will not tend to recognise.
3. Probably no need to seek professional advice.
4. That documentation will assist.
5. It will not do any harm to include that detail.
6. Not personally, although I am aware that quite a few people succeed in getting the sort of visa now being sought. There is no particular reason to think that the previous spouse visa will have any adverse effect.
7. Your name is on her birth certificate? If yes, as she was born 2008 (or later) yes she is a British Citizen even though you were not married to the mother at the date of her birth.

[z4ydi]

Thanks for the detailed reply.
1. You said I should expect it to take a bit longer, but my wife is now 2 months pregnant and if the process goes beyond 4 months then she can not fly even if she is issued a visa because of the air port regulations (if 7 months pregnant then can't fly). This will cause all sorts of complications i.e. my wife has to stay in Pakistan and give birth their. Then what can we do about the baby - do I have to do a separate sponsorship application for the baby & what about the few months delay that my wife did not entered the UK because of child birth and pregnancy.
2. This is question on regular contact between me and my wife: I speak to my wife over the phone almost every day, I use an internet access/by-pass number which charges a special rate and followed by my wifes Pakistan number (cheaper method of calling), ofcourse this special by-pass number will apear in my itemised bill - firstly how can I explain to them that this is the method I contact my wife not directly from BT line or telephone cards so that it doesn't confuse them. second question on this matter is that I called my phone provider and requested an itemaised bill but they can only send me a bill that covers till the 14th of Apr my wife may submit the application around 14 - 17 May wouldn't this 1 month gap raise questions? Final question is that I exchange text messages with my wife daily, the only way I can print these text messages will be to take the snapshots of my idiot-phone screen would that be ok - any idea? and should I send 2 - 3 messages from each week since I last seen her 24March/2010 or all messages since then (there will be 100s of snapshots though).
Hope all of the above is clear I appriciate your response.

Thanks

[John]

You said I should expect it to take a bit longer, but my wife is now 2 months pregnant

OK, but you need to be realistic. Expect it to take longer than normal, but hopefully a lot shorter than 5 months. 7-2=5.

Also, you mention lots of good "evidence of contact". I don't think there is any doubt that yours is a real marriage, and not a marriage of convenience, if only because of the pregnancy!

[z4ydi]

We have not disclosed anything about the pregnancy in the form or cover letter hence they wont be aware of it - do you think I should. And should I still send the snapshots of our text messages? if yes would how many

Thanks for the detailed reply.

2. This is question on regular contact between me and my wife: I speak to my wife over the phone almost every day, I use an internet access/by-pass number which charges a special rate and followed by my wifes Pakistan number (cheaper method of calling), ofcourse this special by-pass number will apear in my itemised bill - firstly how can I explain to them that this is the method I contact my wife not directly from BT line or telephone cards so that it doesn't confuse them. second question on this matter is that I called my phone provider and requested an itemaised bill but they can only send me a bill that covers till the 14th of Apr my wife may submit the application around 14 - 17 May wouldn't this 1 month gap raise questions? Final question is that I exchange text messages with my wife daily, the only way I can print these text messages will be to take the snapshots of my idiot-phone screen would that be ok - any idea? and should I send 2 - 3 messages from each week since I last seen her 24March/2010 or all messages since then (there will be 100s of snapshots though).
Hope all of the above is clear I appriciate your response.

Thanks

[John]

I see no reason not to mention the pregnancy. (Excuse the double negative.) It is rather good proof that the marriage is real, and not a marriage of convenience.

Text messages? Yes why not, by only a few, the ECO has only a limited time to read the papers.

[z4ydi]

I see no reason not to mention the pregnancy. (Excuse the double negative.) It is rather good proof that the marriage is real, and not a marriage of convenience.
.

Should I make a breif mention of the pregnancy in my letter under the title Subsistance of Marriage? Secondly: would I need to include any evedince i.e Dr report? if so the problem is she is only 2 months pregnant and I dont know whether the Dr will bother to do a check up or give a report.
Third question is: say the Dr did give a report but it will not be in English it will be in Pushtu or so, would that be still considered as a proof?

Final question - our text messages are mainly in a Pushtu language but English alphabet - though there are occasional words of English, would it be satisfactory to the ECO.

[z4ydi]

Hi John can you please answer query above

[John]

Other comments very welcome. But I think include mention of the pregnancy in the appropriate section of the "evidence folder", but I would not bother to enclose medical proof.

The language? I think it would be best if those who have applied in her country answer that.

[z4ydi]

From my x wife I have a son ( born in London, UK) and a daughter ( born in Iran) from my previous marriage, my x-wife, has their custody and they live with her in Iran.

Thank you John.
I got another couple of questions.
1. The custody of my kids are with my x-wife - I do send regular payments for their maintenance on monthly basis. In my covering letter do I have to go into details that I send this amount of money for my kids maintenance, if yes do I have to include receipts of the money that I sent over the past 15 months or there is no need. I personaly think should not even state anything about the children in the letter - what do you think?
2. Do I have to include my marriage certificate from my previous marriage too or just the divorce certificate is enough.
3. I live in a 2 bedroom flat with my brother who is 20, do I need a housing inspection report. Though I have got a letter from my Estate Agent who act on behalf of my landlord (manages the property) - on a headed paper the Estate agent stated that "the property is purpuse built with 2 bedrooms, Bathroom, Spam and a setting room. We beleive it will not be overcrowded if Mrs xxxxx joins the property and we have no objection if she joins Mr xxxx in the property". Do I still have to get the inspection report - I called many Estate Agents non of them know about it.

About the text messages: I think I will still include the screen shots of our text messages though it is not intirely in English but it does have some english words and phrases in it and proofs a healthy relationship - unless someone can comment or share their experience.

[John]

Using your numbering :-

1. I think you should mention this, from the angle, I don't think you should hide this. It is an aspect as to whether the financial test is passed, or not.
2. Look at the documentation issued by the visa application centre in the relevant country. I don't think the previous marriage certificate is needed, but best to make sure.
3. The letter from the Estate Agent is great. But it will do no harm (hopefully!) grabbing a tape measure and seeing how many rooms in the place .... excluding any Spam, bathroom or toilet, whatever their size .... exceed 50 Sq Feet in size. Put that information down on a sheet of paper, together with information about who will be living there if the visa granted. How many adults? How many children, and if children, their ages?

[z4ydi]

I have included this line in the letter "My x- wife has the custody of my children, I send regular payments of £150/month for my children’s maintenance through xxxx Money Transfer LTD." The problem is I have not kept the receipts, I will try the firm and see if they can issue it for me, if not can I only state it in the letter but not include any recepts.
2. the second question is that my net income is around £2200/month and this amount is regularly coming to my account from my employer, ofcourse shows up on my bank statements. I have been helping friends and family here and there before my marriage January/2010, hence I have no savings. I have been watching my expendature since marriage. as a result on my 4 mmonths statments it shows £500 - £800 withdrawn which i used give to friends and family - purely help, do they in any way raise questions. also not having much of saving specially with a decent salary that I have. Or they just look at the salary coming in regularly etc.

[John]

How much are your housing costs, per month?

[z4ydi]

How much are your housing costs, per month?

Monthly expences = arount £800 to £900. includes flat rent, all bills, car insurance/petrol, eating costs, and everything. On the top of that I pay £150/month for my children from my previous marriage.
But I have no savings a part from about £1000 in my account and in 2 days time another £2200 (my salary) will be credited to my account by my employer making a total of £3100. But this saving is only from March and April, before March my account has no more than £400 in saving before each month's salary being credited.

[z4ydi]

Can someone please through some light on the question above