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complicated marriage case_void leave to remain?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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Rumba
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Joined: Thu Aug 04, 2011 3:18 pm

complicated marriage case_void leave to remain?

Post by Rumba » Thu Aug 04, 2011 3:48 pm

Hello everybody! I would be grateful if somebody explains me what should be the best course of actions in our situation.

Me and my boyfried plan to get married. He is a british citizen, I am non-EU national. I came to the UK 1,5 year ago after my first marriage and obtained 2 years leave to remain (valid till 05.12). The marriage did not work out and my soon-to-be-ex-husband applied for the divorce. I currently live with my BF.

As I can understand, the leave to remain issued on the basis of this marriage shall be void the moment my divorce is finalized, and hence I will become illegal in the UK. Is it right? Or will I still have a right to stay in the country till 05.12?
Will we be able to register marriage in the UK after my divorce?
Is it possible to get spouse visa after the marriage from the UK or I will have to go out from the country to re-apply for it?

I have full time job at the moment, will I have to resign after the divorce because I loose my rights to work in the UK during the "transition" period?

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Post by Casa » Thu Aug 04, 2011 4:41 pm

Technically your visa is already invalid as your marriage (which was a condition of the visa) is no longer subsisting. Your husband may or may not have notified the Home Office of your separation and impending divorce. The authorities rarely get around to removing a spouse before the expiry date on the visa.
Once your divorce is finalised you will be able to marry but you won't be able to apply for another spouse visa from within the UK. You'll have to return to your home country to submit the application there.
Bear in mind that if you leave the UK on your current visa, if the UKBA have been notified of your separation you stand a high chance of being refused entry on your return.

Rumba
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Posts: 2
Joined: Thu Aug 04, 2011 3:18 pm

Post by Rumba » Thu Aug 04, 2011 5:02 pm

Thanks a lot, it is great if we are able to marry in the UK even if we have to return to my home country for a month or so afterwards.

But as you mention that my visa might be no longer valid, is it legal for me to be employed in the UK?
I respect my employer a lot and would not want him to end up in a trouble because of my complicated immigration status.

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